House File 73
HOUSE FILE
BY JOCHUM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the assignment of pension benefits from
2 state=administered retirement systems for the payment of
3 health insurance coverage premiums.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1484HH 80
6 ec/cf/24
PAG LIN
1 1 Section 1. Section 97A.12, Code 2003, is amended to read
1 2 as follows:
1 3 97A.12 EXEMPTION FROM EXECUTION AND OTHER PROCESS OR
1 4 ASSIGNMENT == EXCEPTIONS.
1 5 1. The right of any person to a pension, annuity, or
1 6 retirement allowance, to the return of contributions, the
1 7 pension, annuity, or retirement allowance itself, any optional
1 8 benefit or death benefit, any other right accrued or accruing
1 9 to any person under this chapter, and the moneys in the
1 10 various funds created under this chapter, are not subject to
1 11 execution, garnishment, attachment, or any other process
1 12 whatsoever, and are unassignable except for the purposes of
1 13 enforcing child, spousal, or medical support obligations or
1 14 marital property orders, or as otherwise specifically provided
1 15 in this chapter. For the purposes of enforcing child,
1 16 spousal, or medical support obligations, the garnishment or
1 17 attachment of or the execution against compensation due a
1 18 person under this chapter shall not exceed the amount
1 19 specified in 15 U.S.C. } 1673(b).
1 20 2. A beneficiary may, upon written application with the
1 21 department, request that a portion of the beneficiary's
1 22 retirement allowance be assigned to pay for all or a portion
1 23 of the premium cost for health insurance or health benefit
1 24 coverage for the beneficiary.
1 25 Sec. 2. Section 97B.39, Code 2003, is amended to read as
1 26 follows:
1 27 97B.39 RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL PROCESS
1 28 == EXCEPTIONS.
1 29 1. The right of any person to any future payment under
1 30 this chapter is not transferable or assignable, at law or in
1 31 equity, and the moneys paid or payable or rights existing
1 32 under this chapter are not subject to execution, levy,
1 33 attachment, garnishment, or other legal process, or to the
1 34 operation of any bankruptcy or insolvency law except for the
1 35 purposes of enforcing child, spousal, or medical support
2 1 obligations or marital property orders, or as otherwise
2 2 specifically provided in this section. For the purposes of
2 3 enforcing child, spousal, or medical support obligations, the
2 4 garnishment or attachment of or the execution against
2 5 compensation due a person under this chapter shall not exceed
2 6 the amount specified in 15 U.S.C. } 1673(b). The division
2 7 shall comply with the provisions of a marital property order
2 8 requiring the selection of a particular benefit option,
2 9 designated beneficiary, or contingent annuitant if the
2 10 selection is otherwise authorized by this chapter and the
2 11 member has not received payment of the member's first
2 12 retirement allowance. However, a marital property order shall
2 13 not require the payment of benefits to an alternative payee
2 14 prior to the member's retirement, prior to the date the member
2 15 elects to receive a lump sum distribution of accumulated
2 16 contributions pursuant to section 97B.53, or in an amount that
2 17 exceeds the benefits the member would otherwise be eligible to
2 18 receive pursuant to this chapter.
2 19 2. A member may, upon written application with the
2 20 division, request that a portion of the member's monthly
2 21 retirement allowance be assigned to pay for all or a portion
2 22 of the premium cost for health insurance or health benefit
2 23 coverage for the member.
2 24 Sec. 3. NEW SECTION. 602.9109A ASSIGNMENT OF ANNUITIES
2 25 == HEALTH INSURANCE == OR BENEFITS.
2 26 A person receiving an annuity under this article may, upon
2 27 written application with the state court administrator,
2 28 request that a portion of the person's monthly annuity be
2 29 assigned to pay for all or a portion of the premium cost for
2 30 health insurance or health benefit coverage for the person.
2 31 EXPLANATION
2 32 This bill provides that a person receiving a retirement
2 33 allowance under the public safety peace officers' retirement,
2 34 accident, and disability system, the Iowa public employee's
2 35 retirement system, or the judicial retirement system may, upon
3 1 written application, request that a portion of the person's
3 2 retirement allowance be assigned to pay for health insurance
3 3 or health benefit coverage.
3 4 LSB 1484HH 80
3 5 ec/cf/24