House File 2021
HOUSE FILE
BY FOEGE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning vesting requirements under the judicial
2 retirement system.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5335HH 80
5 ec/sh/8
PAG LIN
1 1 Section 1. Section 602.9106, Code 2003, is amended to read
1 2 as follows:
1 3 602.9106 RETIREMENT.
1 4 Any person who shall have become separated from service as
1 5 a judge of any of the courts included in this article and who
1 6 has had an aggregate of at least six four years of service as
1 7 a judge of one or more of such courts and shall have attained
1 8 the age of sixty=five years or who has had twenty=five years
1 9 of consecutive service as a judge of one or more of said
1 10 courts, and who shall have otherwise qualified as provided in
1 11 this article, shall be entitled to an annuity as hereinafter
1 12 provided.
1 13 Sec. 2. Section 602.9107C, subsection 1, Code 2003, is
1 14 amended to read as follows:
1 15 1. A judge under this system who has at least six four
1 16 years of service as a judge of any of the courts included in
1 17 this article and who was a member of the Iowa public
1 18 employees' retirement system as provided in chapter 97B, but
1 19 who was not retired under that system, upon submitting
1 20 verification of membership and service in the Iowa public
1 21 employees' retirement system to the court administrator,
1 22 including proof that the judge has no further claim upon a
1 23 retirement benefit from that public system, may make
1 24 contributions as provided by this section to the system either
1 25 for the entire period of service in the other public system,
1 26 or for partial service in the other public system in
1 27 increments of one or more calendar quarters, and receive
1 28 credit for that service under the system.
1 29 Sec. 3. Section 602.9108, Code 2003, is amended to read as
1 30 follows:
1 31 602.9108 INDIVIDUAL ACCOUNTS == REFUNDING.
1 32 The amount designated as the judge's contribution to the
1 33 judicial retirement fund in section 602.9104, subsection 1,
1 34 and all amounts paid into the fund by a judge shall be
1 35 credited to the individual account of the judge. If a judge
2 1 covered under this article becomes separated from service as a
2 2 judge before the judge completes an aggregate of six four
2 3 years of service as a judge of one or more of the courts, the
2 4 total amount in the judge's individual account shall be
2 5 returned to the judge or the judge's legal representatives
2 6 within one year of the separation. If a judge, who is covered
2 7 under this article and who has completed an aggregate of six
2 8 four years or more of service as a judge of one or more of the
2 9 courts, dies before retirement, without a survivor, the total
2 10 amount in the judge's individual account shall be paid in one
2 11 sum to the judge's legal representatives within one year of
2 12 the judge's death. If an annuitant under this section dies
2 13 without a survivor, and without having received in annuities
2 14 an amount equal to the total amount in the judge's individual
2 15 account at the time of separation from service, the amount
2 16 remaining to the annuitant's credit shall be paid in one sum
2 17 to the annuitant's legal representatives within one year of
2 18 the annuitant's death.
2 19 Sec. 4. Section 602.9112, Code 2003, is amended to read as
2 20 follows:
2 21 602.9112 VOLUNTARY RETIREMENT FOR DISABILITY.
2 22 Any judge of the supreme, district or municipal court,
2 23 including a district associate judge, or a judge of the court
2 24 of appeals, who shall have served as a judge of one or more of
2 25 such courts for a period of six four years in the aggregate
2 26 and who believes the judge has become permanently
2 27 incapacitated, physically or mentally, to perform the duties
2 28 of the judge's office may personally or by the judge's next
2 29 friend or guardian file with the court administrator a written
2 30 application for retirement. The application shall be filed in
2 31 duplicate and accompanied by an affidavit as to the duration
2 32 and particulars of the judge's service and the nature of the
2 33 judge's incapacity. The court administrator shall forthwith
2 34 transmit one copy of the application and affidavit to the
2 35 chief justice who shall request the attorney general in
3 1 writing to cause an investigation to be made relative to the
3 2 claimed incapacity and report back the results thereof in
3 3 writing. If the chief justice finds from the report of the
3 4 attorney general that the applicant is permanently
3 5 incapacitated, physically or mentally, to perform the duties
3 6 of the applicant's office the chief justice shall by
3 7 endorsement thereon declare the applicant retired, and the
3 8 office vacant, and shall file the report in the office of the
3 9 court administrator, and a copy in the office of the secretary
3 10 of state. From the date of such filing the applicant shall be
3 11 deemed retired from the applicant's office and entitled to the
3 12 benefits of this article to the same extent as if the
3 13 applicant had retired under the provisions of section
3 14 602.9106.
3 15 EXPLANATION
3 16 This bill reduces the vesting requirement for a judge under
3 17 the judicial retirement system from six years to four years.
3 18 Once a judge vests under the system, the judge is eligible to
3 19 obtain a retirement annuity. A judge who leaves service prior
3 20 to vesting receives only the contributions the judge made to
3 21 the system during that service. Covered judges under the
3 22 system generally include all appellate, district, and district
3 23 associate judges.
3 24 LSB 5335HH 80
3 25 ec/sh/8