Senate Amendment 3216


PAG LIN




     1  1    Amend House File 807, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  Page 4, by inserting after line 18 the
     1  4 following:
     1  5    <Sec.    .  Section 602.9104, Code 2005, is amended
     1  6 to read as follows:
     1  7    602.9104  DEDUCTIONS FROM JUDGES' SALARIES ==
     1  8 CONTRIBUTIONS BY STATE.
     1  9    1.  a.  A judge to whom this article applies shall
     1 10 be paid an amount equal to ninety=five percent of the
     1 11 basic salary of the judge as set by the general
     1 12 assembly.  An reduced by an amount equal to five
     1 13 percent of the basic salary of the judge as set by the
     1 14 general assembly is designated as the judge's required
     1 15 contribution to the judicial retirement fund, and.
     1 16 The amount designated as the judge's required
     1 17 contribution shall be paid by the state in the manner
     1 18 provided in subsection 2.
     1 19    b.  The state shall contribute annually to the
     1 20 judicial retirement fund an amount equal to the
     1 21 state's required contribution for all judges covered
     1 22 under this article.  The state's required contribution
     1 23 shall be appropriated directly to the judicial
     1 24 retirement fund by the general assembly.
     1 25    2.  The amount designated in subsection 1 as the
     1 26 judge's required contribution to the judicial
     1 27 retirement fund shall be paid by the department of
     1 28 administrative services from the general fund of the
     1 29 state to the court administrator for deposit with the
     1 30 treasurer of state to the credit of the judicial
     1 31 retirement fund.  Moneys in the fund are appropriated
     1 32 for the payment of annuities, refunds, and allowances
     1 33 provided by this article, except that the amount of
     1 34 the appropriations affecting payment of annuities,
     1 35 refunds, and allowances to judges of the municipal and
     1 36 superior court is limited to that part of the fund
     1 37 accumulated for their benefit as provided in this
     1 38 article.  The corpus and income of the fund shall be
     1 39 used only for the exclusive benefit of the judges
     1 40 covered under this article, their survivors, or an
     1 41 alternate payee who is assigned benefits pursuant to a
     1 42 domestic relations order.
     1 43    3.  A judge covered under this article is deemed to
     1 44 consent to the reduction in basic salary as provided
     1 45 in subsection 1.
     1 46    4.  a.  As used in this subsection section, unless
     1 47 the context otherwise requires:
     1 48    (1)  a.  "Actuarial valuation" means an actuarial
     1 49 valuation of the judicial retirement system or an
     1 50 annual actuarial update of an actuarial valuation, as
     2  1 required pursuant to section 602.9116.
     2  2    (2)  b.  "Fully funded status" means that the most
     2  3 recent actuarial valuation reflects that, using the
     2  4 projected unit credit method in accordance with
     2  5 generally recognized and accepted actuarial principles
     2  6 and practices set forth by the American academy of
     2  7 actuaries, the funded status of the system is at least
     2  8 one hundred ninety percent, based upon the benefits
     2  9 provided for judges through the judicial retirement
     2 10 system as of July 1, 2005.
     2 11    c.  "Judge's required contribution" means an amount
     2 12 equal to the basic salary of the judge multiplied by
     2 13 the following applicable percentage:
     2 14    (1)  For the fiscal year beginning July 1, 2005,
     2 15 and for each subsequent fiscal year until the system
     2 16 attains fully funded status, six percent multiplied by
     2 17 a fraction equal to the actual percentage rate
     2 18 contributed by the state for that fiscal year divided
     2 19 by twenty=three and seven=tenths percent.
     2 20    (2)  Commencing with the first fiscal year in which
     2 21 the system attains fully funded status, and for each
     2 22 subsequent fiscal year, the percentage rate equal to
     2 23 fifty percent of the required contribution rate.
     2 24    (3)  d.  "Required contribution rate" means that
     2 25 percentage of the basic salary of all judges covered
     2 26 under this article which, in addition to the judge's
     2 27 contribution established in subsection 1, the actuary
     2 28 of the system determines is necessary, using the
     2 29 projected unit credit method in accordance with
     2 30 generally recognized and accepted actuarial principles
     2 31 and practices set forth by the American academy of
     2 32 actuaries, to maintain fully funded status amortize
     2 33 the unfunded actuarial liability of the judicial
     2 34 retirement system within twenty years.
     2 35    e.  "State's required contribution" means an amount
     2 36 equal to the basic salary of all judges covered under
     2 37 this article multiplied by the following applicable
     2 38 percentage:
     2 39    (1)  For the fiscal year beginning July 1, 2005,
     2 40 and for each subsequent fiscal year until the system
     2 41 attains fully funded status, twenty=three and seven=
     2 42 tenths percent.
     2 43    (2)  Commencing with the first fiscal year in which
     2 44 the system attains fully funded status, and for each
     2 45 subsequent fiscal year, the percentage rate equal to
     2 46 fifty percent of the required contribution rate.
     2 47    b.  Effective with the fiscal year commencing July
     2 48 1, 1994, and for each subsequent fiscal year until the
     2 49 system attains fully funded status, based upon the
     2 50 benefits provided for judges through the judicial
     3  1 retirement system as of July 1, 2001, the state shall
     3  2 contribute annually to the judicial retirement fund an
     3  3 amount equal to at least twenty=three and seven=
     3  4 tenths percent of the basic salary of all judges
     3  5 covered under this article.  Commencing with the first
     3  6 fiscal year in which the system attains fully funded
     3  7 status, based upon the benefits provided for judges
     3  8 through the judicial retirement system as of July 1,
     3  9 2001, and for each subsequent fiscal year, the state
     3 10 shall contribute to the judicial retirement fund the
     3 11 required contribution rate.  The state's contribution
     3 12 shall be appropriated directly to the judicial
     3 13 retirement fund.
     3 14    Sec.    .  Section 602.9106, Code 2005, is amended
     3 15 to read as follows:
     3 16    602.9106  RETIREMENT.
     3 17    Any person who shall have become separated from
     3 18 service as a judge of any of the courts included in
     3 19 this article and who has had an aggregate of at least
     3 20 six four years of service as a judge of one or more of
     3 21 such courts and shall have attained the age of sixty=
     3 22 five years or who has had twenty=five twenty years of
     3 23 consecutive service as a judge of one or more of said
     3 24 courts and shall have attained the age of fifty years,
     3 25 and who shall have otherwise qualified as provided in
     3 26 this article, shall be entitled to an annuity as
     3 27 hereinafter provided.
     3 28    Sec.    .  Section 602.9107, subsection 1,
     3 29 paragraph a, Code 2005, is amended to read as follows:
     3 30    a.  The annual annuity of a judge under this system
     3 31 is an amount equal to three and one=fourth percent of
     3 32 the judge's average annual basic salary for the
     3 33 judge's highest three years as a judge of one or more
     3 34 of the courts included in this article, multiplied by
     3 35 the judge's years of service as a judge of one or more
     3 36 of the courts for which contributions were made to the
     3 37 system.  However, an annual annuity shall not exceed
     3 38 an amount equal to a specified percentage of the
     3 39 highest basic annual salary which the judge is
     3 40 receiving or had received as of the time the judge
     3 41 became separated from service.  Forfeitures shall not
     3 42 be used to increase the annuities a judge or survivor
     3 43 would otherwise receive under the system.
     3 44    Sec.    .  Section 602.9107, subsection 1,
     3 45 paragraph b, subparagraph (4), Code 2005, is amended
     3 46 to read as follows:
     3 47    (4)  For judges who retire and receive an annuity
     3 48 on or after July 1, 2001, but before July 1, 2005, the
     3 49 specified percentage shall be sixty percent.
     3 50    Sec.    .  Section 602.9107, subsection 1,
     4  1 paragraph b, Code 2005, is amended by adding the
     4  2 following new subparagraph:
     4  3    NEW SUBPARAGRAPH.  (5)  For judges who retire and
     4  4 receive an annuity on or after July 1, 2005, the
     4  5 specified percentage shall be sixty=five percent.
     4  6    Sec.    .  Section 602.9107C, subsection 1, Code
     4  7 2005, is amended to read as follows:
     4  8    1.  A judge under this system who has at least six
     4  9 four years of service as a judge of any of the courts
     4 10 included in this article and who was a member of the
     4 11 Iowa public employees' retirement system as provided
     4 12 in chapter 97B, but who was not retired under that
     4 13 system, upon submitting verification of membership and
     4 14 service in the Iowa public employees' retirement
     4 15 system to the court administrator, including proof
     4 16 that the judge has no further claim upon a retirement
     4 17 benefit from that public system, may make
     4 18 contributions as provided by this section to the
     4 19 system either for the entire period of service in the
     4 20 other public system, or for partial service in the
     4 21 other public system in increments of one or more
     4 22 calendar quarters, and receive credit for that service
     4 23 under the system.
     4 24    Sec.    .  Section 602.9108, Code 2005, is amended
     4 25 to read as follows:
     4 26    602.9108  INDIVIDUAL ACCOUNTS == REFUNDING.
     4 27    The amount designated as the judge's contribution
     4 28 to the judicial retirement fund in section 602.9104,
     4 29 subsection 1, and all amounts paid into the fund by a
     4 30 judge shall be credited to the individual account of
     4 31 the judge.  If a judge covered under this article
     4 32 becomes separated from service as a judge before the
     4 33 judge completes an aggregate of six four years of
     4 34 service as a judge of one or more of the courts, the
     4 35 total amount in the judge's individual account shall
     4 36 be returned to the judge or the judge's legal
     4 37 representatives within one year of the separation.  If
     4 38 a judge, who is covered under this article and who has
     4 39 completed an aggregate of six four years or more of
     4 40 service as a judge of one or more of the courts, dies
     4 41 before retirement, without a survivor, the total
     4 42 amount in the judge's individual account shall be paid
     4 43 in one sum to the judge's legal representatives within
     4 44 one year of the judge's death.  If an annuitant under
     4 45 this section dies without a survivor, and without
     4 46 having received in annuities an amount equal to the
     4 47 total amount in the judge's individual account at the
     4 48 time of separation from service, the amount remaining
     4 49 to the annuitant's credit shall be paid in one sum to
     4 50 the annuitant's legal representatives within one year
     5  1 of the annuitant's death.
     5  2    Sec.    .  Section 602.9112, Code 2005, is amended
     5  3 to read as follows:
     5  4    602.9112  VOLUNTARY RETIREMENT FOR DISABILITY.
     5  5    Any judge of the supreme, district or municipal
     5  6 court, including a district associate judge, or a
     5  7 judge of the court of appeals, who shall have served
     5  8 as a judge of one or more of such courts for a period
     5  9 of six four years in the aggregate and who believes
     5 10 the judge has become permanently incapacitated,
     5 11 physically or mentally, to perform the duties of the
     5 12 judge's office may personally or by the judge's next
     5 13 friend or guardian file with the court administrator a
     5 14 written application for retirement.  The application
     5 15 shall be filed in duplicate and accompanied by an
     5 16 affidavit as to the duration and particulars of the
     5 17 judge's service and the nature of the judge's
     5 18 incapacity.  The court administrator shall forthwith
     5 19 transmit one copy of the application and affidavit to
     5 20 the chief justice who shall request the attorney
     5 21 general in writing to cause an investigation to be
     5 22 made relative to the claimed incapacity and report
     5 23 back the results thereof in writing.  If the chief
     5 24 justice finds from the report of the attorney general
     5 25 that the applicant is permanently incapacitated,
     5 26 physically or mentally, to perform the duties of the
     5 27 applicant's office the chief justice shall by
     5 28 endorsement thereon declare the applicant retired, and
     5 29 the office vacant, and shall file the report in the
     5 30 office of the court administrator, and a copy in the
     5 31 office of the secretary of state.  From the date of
     5 32 such filing the applicant shall be deemed retired from
     5 33 the applicant's office and entitled to the benefits of
     5 34 this article to the same extent as if the applicant
     5 35 had retired under the provisions of section 602.9106.
     5 36    Sec.    .  Section 602.9115A, unnumbered paragraphs
     5 37 1 and 3, Code 2005, are amended to read as follows:
     5 38    In lieu of the annuities and refunds provided for
     5 39 judges and judges' survivors under sections 602.9107,
     5 40 602.9107A, 602.9108, 602.9115, 602.9204, 602.9208, and
     5 41 602.9209, judges may elect to receive an optional
     5 42 retirement annuity during the judge's lifetime and
     5 43 have the optional retirement annuity, or a designated
     5 44 fraction of the optional retirement annuity, continued
     5 45 and paid to the judge's survivor after the judge's
     5 46 death and during the lifetime of the survivor.
     5 47    The optional retirement annuity shall be the
     5 48 actuarial equivalent of the amounts of the annuities
     5 49 payable to judges and survivors under sections
     5 50 602.9107, 602.9107A, 602.9115, 602.9204, 602.9208, and
     6  1 602.9209.  The actuarial equivalent shall be based on
     6  2 the mortality and interest assumptions set out in
     6  3 section 602.9107, subsection 3.
     6  4    Sec.    .  Section 602.9116, subsection 1, Code
     6  5 2005, is amended to read as follows:
     6  6    1.  The court administrator shall cause an
     6  7 actuarial valuation to be made of the assets and
     6  8 liabilities of the judicial retirement fund at least
     6  9 once every four years commencing with the fiscal year
     6 10 beginning July 1, 1981.  For each fiscal year in which
     6 11 an actuarial valuation is not conducted, the court
     6 12 administrator shall cause an annual actuarial update
     6 13 to be prepared for the purpose of determining the
     6 14 adequacy of the contribution rates specified in
     6 15 section 602.9104, subsection 4.  The court
     6 16 administrator shall adopt mortality tables and other
     6 17 necessary factors for use in the actuarial
     6 18 calculations required for the valuation upon the
     6 19 recommendation of the actuary.  Following the
     6 20 actuarial valuation or annual actuarial update, the
     6 21 court administrator shall determine the condition of
     6 22 the system and shall report its findings and
     6 23 recommendations to the general assembly.
     6 24    Sec.    .  Section 602.9203, subsection 2,
     6 25 paragraph b, Code 2005, is amended to read as follows:
     6 26    b.  Meets the minimum requirements for entitlement
     6 27 to an annuity as specified in section 602.9106.
     6 28 However, a judge who elects to retire prior to
     6 29 attaining the age of sixty=five and who has not had
     6 30 twenty=five twenty years of consecutive service, may
     6 31 serve as a senior judge, but shall not be paid an
     6 32 annuity pursuant to section 602.9204 until attaining
     6 33 age sixty=five.
     6 34    Sec.    .  Section 602.9204, subsection 1, Code
     6 35 2005, is amended to read as follows:
     6 36    1.  A judge who retires on or after July 1, 1994,
     6 37 and who is appointed a senior judge under section
     6 38 602.9203 shall be paid a salary as determined by the
     6 39 general assembly.  A senior judge or retired senior
     6 40 judge shall be paid an annuity under the judicial
     6 41 retirement system in the manner provided in section
     6 42 602.9109, but computed under this section in lieu of
     6 43 section 602.9107, as follows:  The annuity paid to a
     6 44 senior judge or retired senior judge shall be an
     6 45 amount equal to three percent the applicable
     6 46 percentage multiplier of the basic senior judge
     6 47 salary, multiplied by the judge's years of service
     6 48 prior to retirement as a judge of one or more of the
     6 49 courts included under this article, for which
     6 50 contributions were made to the system, except the
     7  1 annuity of the senior judge or retired senior judge
     7  2 shall not exceed an amount equal to the applicable
     7  3 specified percentage of the basic senior judge salary
     7  4 used in calculating the annuity.  However, following
     7  5 the twelve=month period during which the senior judge
     7  6 or retired senior judge attains seventy=eight years of
     7  7 age, the annuity paid to the person shall be an amount
     7  8 equal to three percent the applicable percentage
     7  9 multiplier of the basic senior judge salary cap,
     7 10 multiplied by the judge's years of service prior to
     7 11 retirement as a judge of one or more of the courts
     7 12 included under this article, for which contributions
     7 13 were made to the system, except that the annuity shall
     7 14 not exceed an amount equal to the applicable specified
     7 15 percentage of the basic senior judge salary cap.  A
     7 16 senior judge or retired senior judge shall not receive
     7 17 benefits calculated using a basic senior judge salary
     7 18 established after the twelve=month period in which the
     7 19 senior judge or retired senior judge attains seventy=
     7 20 eight years of age.  The state shall provide,
     7 21 regardless of age, to an active senior judge or a
     7 22 senior judge with six years of service as a senior
     7 23 judge and to the judge's spouse, and pay for medical
     7 24 insurance until the judge attains the age of seventy=
     7 25 eight years.
     7 26    Sec.    .  Section 602.9204, subsection 2, Code
     7 27 2005, is amended by adding the following new
     7 28 paragraph:
     7 29    NEW PARAGRAPH.  0a.  "Applicable percentage
     7 30 multiplier" means as follows:
     7 31    (1)  For a senior judge or retired senior judge who
     7 32 retired as a judge and received an annuity prior to
     7 33 July 1, 2005, three percent.
     7 34    (2)  For a senior judge or a retired senior judge
     7 35 who retired as a judge and received an annuity on or
     7 36 after July 1, 2005, three and one=fourth percent.
     7 37    Sec.    .  Section 602.9107A, Code 2005, is
     7 38 repealed.>
     7 39 #2.  Title page, line 2, by inserting after the
     7 40 word <branch,> the following:  <relating to the
     7 41 judicial retirement system,>.
     7 42 #3.  By renumbering as necessary.
     7 43
     7 44
     7 45                               
     7 46 STEWART IVERSON, Jr.
     7 47 HF 807.502 81
     7 48 ec/pj/4506

                              -1-