CHAPTER 3
BENEFITS ADVISORY COMMITTEE
[Prior to 1/7/04, see 581—21.33]
495—3.1(97B) Benefits advisory committee.
	3.1(1) Scope. These rules shall govern the conduct of business by the IPERS benefits advisory committee (BAC) pursuant to Iowa Code section 97B.8B.
	3.1(2) Purpose. The BAC shall be an advisory committee that serves as a channel for employers and employees to help formulate policies and recommendations regarding the provision of benefits and services to members of the system.
	3.1(3) Governmental body. The BAC is a governmental body as defined by Iowa Code section 21.2(1).
[ARC 2981C, IAB 3/15/17, effective 4/19/17]
495—3.2(97B) Membership organizations and representatives.
	3.2(1) The BAC membership shall number no less than 9 and no more than 14, and the composition of the BAC must at all times meet the specific membership and voting requirements of Iowa Code section 97B.8B. A current list of organizations, appointees, terms and voting status is maintained on IPERS’ Internet site.
	3.2(2) Appointment of BAC representatives. Each membership organization shall appoint a representative to serve on the BAC. All BAC representatives shall provide in writing to IPERS or the chairperson the name, address, and telephone number of and other information about the representative as required by IPERS or the chairperson. The BAC shall not entertain petitions disputing a membership organization’s choice of its representative. In addition, a citizen representative who is not a member of IPERS will also serve, pursuant to subrule 3.3(3).
	3.2(3) Attendance. Any representative shall be deemed to have submitted a resignation from participation in the BAC if either of the following events occurs:
	a. 	The representative does not attend three or more consecutive regularly scheduled meetings.
	b. 	The representative attends fewer than one-half of the regularly scheduled meetings of the BAC each fiscal year.
This provision applies only to a period beginning on or after the date when the person assumes the position of representative. In the event that a representative is deemed to have resigned under this provision, the chairperson shall immediately notify the representative’s organization and require the appointment of a different representative within 30 days.
If a representative is unable to attend a meeting, an alternate designated by the membership organization may attend the meeting. Attendance by an alternate shall not relieve the regular representative of the responsibility of attendance at regularly scheduled meetings.
	3.2(4) Replacement of membership organizations due to nonparticipation. If a membership organization, after receiving written notice from the BAC under subrule 3.2(3), fails to appoint a new representative to serve on the BAC, the chairperson shall send a second written notice to that membership organization again requiring that the organization appoint its representative within the next 30 days. The notice shall further state that, in order for the appointment to become effective, the newly appointed representative must also attend the next regularly scheduled BAC meeting. The attendance of an alternative representative at said meeting shall not fulfill the requirements of this subrule.
If the organization does not timely appoint a new representative, or its newly appointed representative does not attend the next regularly scheduled BAC meeting, the organization shall be deemed to have relinquished its seat on the BAC.
When a membership organization has relinquished its seat on the BAC for nonparticipation, the subcommittee on membership shall, as soon as practicable, meet to consider a replacement organization. If a seat relinquished for nonparticipation was not filled and the subcommittee on membership determines that the composition of the BAC would continue to satisfy subrule 3.2(1), the subcommittee on membership may recommend any type of qualified interested organization as a replacement, or it may recommend leaving the seat open. However, if the subcommittee determines that the composition of the BAC would not satisfy subrule 3.2(1) if a seat relinquished for nonparticipation was not filled, the subcommittee must recommend a replacement, and the replacement must be one that permits the BAC to meet the requirements of subrule 3.2(1).
Any qualified, interested organization may file a petition for consideration as a replacement membership organization. The subcommittee shall review all such petitions, if any, which have been filed after the most recent formal review under this rule. The subcommittee may also solicit petitions for BAC membership from any qualified interested organization.
The subcommittee shall make its recommendation for a replacement membership organization, if any, at the next regularly scheduled BAC meeting or as soon as practicable. The BAC, by a majority vote of the nine voting representatives, shall approve or reject the subcommittee’s recommendation.
If the subcommittee’s recommendation is rejected and the seat must be filled, the subcommittee shall reconvene as soon as practicable and the foregoing process shall be repeated until such time as the subcommittee’s recommendation is approved.
In order to be considered for BAC membership under this rule, an organization must be a “qualified, interested organization.” “Qualified, interested organization” means a unit of the executive branch or a formally organized corporation or association representing a viable and identifiable group of covered employers or covered employees as determined by the BAC in its sole discretion.
This subrule shall not be construed to affect the BAC positions reserved for the director of the department of administrative services or the position reserved for a citizen who is not a member of IPERS.
	3.2(5) Replacement of current membership organizations other than through nonparticipation. A qualified, interested organization that wishes to replace an existing membership organization may petition the BAC to do so. Such petitions for BAC membership must be submitted in writing to the BAC as set forth in this rule and will be considered according to the schedule established below.
An organization petitioning for membership on the BAC must include the official name of the organization, a description of its organizational structure, the number of employers or employees represented, a description of prior activities by that organization regarding IPERS issues, and a brief explanation of the reasons why the organization should be selected as a replacement organization. The petition should also include the name and contact information for the organization’s proposed representative and the name and contact information of the person completing the petition.
A formal review of petitions under this rule shall be conducted every three years. IPERS shall provide 60 days’ prior written notice of the next formal review session to members who have indicated in writing that they wish to file such a petition. IPERS will provide 60 days’ prior written notice of the next formal review to all other potential petitioners through its Internet site.
The subcommittee chosen to make recommendations regarding the replacement of a current membership organization shall not include the individual representing that organization on the BAC. However, any membership organization whose seat is being contested under this rule shall have the opportunity to submit written materials and make oral presentations to the subcommittee in support of its continued existence as a BAC membership organization.
For each formal review, the subcommittee on membership shall review all petitions for membership, if any, that have been filed after the most recent formal review under this rule. The subcommittee may also solicit petitions for BAC membership from any qualified, interested organization.
When one or more qualified, interested organizations have filed a petition to replace a current membership organization, the subcommittee on membership shall meet at least 30 days prior to the next formal review session to determine whether to recommend approval or rejection.
If the subcommittee on membership determines that the composition of the BAC would continue to satisfy subrule 3.2(1) regardless of the type of qualified, interested organization recommended, the subcommittee on membership may recommend any type of qualified, interested organization for a seat being sought under this rule.
However, if the subcommittee on membership determines that the composition of the BAC will only continue to satisfy subrule 3.2(1) if a current membership organization’s seat is filled by a certain specific type of organization, the subcommittee on membership must limit its recommendations for approval to the types of organizations that would permit the composition of the BAC to continue to satisfy subrule 3.2(1).
The subcommittee shall present its recommendation regarding the replacement of a current membership organization at the next regularly scheduled formal review of petitions under this rule. The BAC, by a majority vote of the nine voting representatives, shall approve or reject the subcommittee’s recommendation.
If the subcommittee determines that two qualified, interested organizations are competing for the same seat, the subcommittee shall, in its sole discretion, evaluate the competing organizations and make a recommendation that meets the requirements of this rule and takes into consideration the following factors: the number of employers or employees represented, the diversity of the representation, the degree to which the applicable constituents already have BAC representation through other BAC membership organizations, prior involvement in BAC activities, and prior activities as an IPERS advocate in other forums.
If the BAC votes to replace a current membership organization that holds a voting seat with a new membership organization, the replacement membership organization shall complete the remainder of the term for that voting seat. Otherwise, the new membership organization shall be seated as a nonvoting organization. Thereafter, if a vacancy occurs in a voting seat and the new membership organization is qualified to fill that voting seat, the new membership organization may compete for the vacant voting seat.
An organization that petitions for a seat under this rule and after a formal review is not selected must resubmit its petition for membership in order to receive consideration for a seat during the next scheduled formal review.
This subrule shall not be construed to affect the BAC position reserved for the director of the department of administrative services or the position reserved for a citizen who is not a member of IPERS.
[ARC 2981C, IAB 3/15/17, effective 4/19/17]
495—3.3(97B) Voting representatives. The BAC shall have nine voting representatives. Four shall represent employers, four shall represent members of the system, and one shall be a citizen who is not a member of IPERS.
	3.3(1) Employer voting representatives. One voting representative shall be the director of the department of administrative services. The remaining employer voting representatives shall be elected by the full membership of the BAC as follows: one shall be a representative of an employer group representing cities, one shall be a representative of an employer group representing counties, and one shall be a representative of an employer group representing local school districts.
	3.3(2) Employee voting representatives. One voting representative shall be elected by the full membership of the BAC from a membership organization that represents teachers. The other three voting representatives who represent members of the system shall be elected by the full membership of the BAC, with no more than one being the representative of an employee group that solely represents the public safety protection classes.
	3.3(3) Citizen representative. The citizen representative shall be elected by the eight voting representatives who serve under subrules 3.3(1) and 3.3(2).
	3.3(4) Voting rights. A membership organization shall be permitted to designate a substitute voting representative to cast the vote of the membership organization at a meeting in the event that the named representative cannot attend the meeting. No membership organization shall have more than one vote on a matter brought before the BAC.
	3.3(5) Terms of voting representatives. The term of each voting representative shall be three years, beginning and ending as provided in Iowa Code section 97B.8B, except as otherwise indicated in this subrule.
The terms of the voting representatives shall be staggered, so as to maintain an acceptable level of continuity and experience on the BAC.
If a voting representative resigns or is replaced by the appointing organization, the appointing organization shall appoint a successor who shall be a voting member for the remainder of the term in question.
If an organization that is not currently a membership organization successfully petitions to replace a membership organization that is represented by a voting representative, the representative of the replacement membership organization shall complete the remainder of the term of the voting representative in question.
	3.3(6) Quorum, voting requirements and voting procedures.
	a. 	Quorum. Five voting representatives of the BAC constitute a quorum.
	b. 	Voting requirements. A quorum of the BAC must be present, whether the representatives are attending in person or remotely, at the time any vote is taken.
	c. 	Voting procedures. The chairperson shall rule as to whether the vote will be by voice or roll call. A roll-call vote shall be taken anytime a voice vote is not unanimous. Minutes of the BAC shall indicate the vote of each voting member if a roll-call vote is taken.
	3.3(7) Officers and elections.
	a. 	Officers. The officers of the BAC are the chairperson and vice chairperson and shall be elected by a vote of the full membership of the BAC.
	b. 	Elections. Election of officers shall take place at the first BAC meeting held at the beginning of each fiscal year. If an officer does not serve out the elected term, a special election shall be held at the first meeting after notice is provided to the BAC to elect a representative to serve out the remainder of the term.
[ARC 2981C, IAB 3/15/17, effective 4/19/17; ARC 3684C, IAB 3/14/18, effective 4/18/18]
495—3.4(97B) Duties. The BAC shall review and advise on the following matters insofar as they impact benefits and services provided to members and employers under Iowa Code chapter 97B: overall plan design, benefits policy and goals, budget, benchmarking and quality assessment efforts, research and strategic planning. The BAC shall also participate in annual performance evaluations of the chief benefits officer and, when that position becomes vacant, assist the chief executive officer in the process of selecting a replacement. In addition, the BAC shall recommend to the governor at least two nominees for each vacant position on the investment board reserved for active or retired members of the system. The chairperson of the BAC shall solicit nominations for such vacancies from the entire BAC membership and, through a meeting of the BAC, select the names to be forwarded to the governor.
At least every two years, the BAC shall review the benefits and services provided to members; and the voting representatives shall make recommendations to the system, the governor, and the general assembly concerning the benefits and services provided to members and the system’s benefits policies and benefits goals. All of the membership of the BAC, including nonvoting representatives, may have input into formulating such recommendations.
[ARC 2981C, IAB 3/15/17, effective 4/19/17]
495—3.5(97B) Meetings. The BAC shall meet at least quarterly, or at the call of the chairperson, or upon the written request by the chief executive officer. The chairperson shall establish the dates of all regularly scheduled meetings. Unless otherwise specified in the agenda, meetings will be held at IPERS’ headquarters, 7401 Register Drive, Des Moines, Iowa.
	3.5(1) Meeting agenda and minutes.
	a. 	Meeting agenda. The agenda for each meeting will be posted at IPERS’ headquarters at least 24 hours prior to the meeting unless, for good cause, notice is impossible or impractical, in which case as much notice as is reasonably possible will be given.
	b. 	Minutes. Minutes shall be reviewed and approved by the BAC and maintained by IPERS.
	3.5(2) Attendance and participation by the public.
	a. 	Attendance. All meetings of the BAC are open to the public and shall be held in accordance with Robert’s Rules of Order, Newly Revised. The BAC may exclude the public from portions of the meeting in accordance with Iowa Code section 21.5 (closed session).
	b. 	Participation.
	(1)	Items on agenda. Persons who wish to address the BAC on a matter on the agenda should notify IPERS or the chairperson in writing at least 24 hours prior to the meeting.
	(2)	Items not on agenda. Persons who wish to address the BAC on a matter not on the agenda should notify IPERS or the chairperson in writing at least five days prior to the meeting.
	c. 	Coverage by press. Cameras and recording devices may be used during meetings provided they do not interfere with the orderly conduct of the meeting.
[ARC 2981C, IAB 3/15/17, effective 4/19/17]
These rules are intended to implement Iowa Code chapter 97B.
[Filed 12/17/03, Notice 11/12/03—published 1/7/04, effective 2/11/04]
[Filed 12/1/05, Notice 10/26/05—published 12/21/05, effective 1/25/06]
[Filed 4/7/06, Notice 3/1/06—published 4/26/06, effective 5/31/06]
[Filed 5/3/07, Notice 3/28/07—published 5/23/07, effective 6/27/07]
[Filed ARC 2981C (Notice ARC 2892C, IAB 1/18/17), IAB 3/15/17, effective 4/19/17]
[Filed ARC 3684C (Notice ARC 3537C, IAB 1/3/18), IAB 3/14/18, effective 4/18/18]