House File 2029 - Introduced HOUSE FILE 2029 BY ZIRKELBACH A BILL FOR An Act concerning bona fide retirement rules under the Iowa 1 public employees retirement system. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5472YH (5) 83 ec/sc

H.F. 2029 Section 1. Section 97B.52A, subsection 1, paragraph c, Code 1 2009, is amended to read as follows: 2 c. For a member whose first month of entitlement is July 3 2000 or later, the member does not return to any employment 4 with a covered employer until the member has qualified for 5 at least one calendar month of retirement benefits, and the 6 member does not return to covered employment until the member 7 has qualified for no fewer than four calendar months of 8 retirement benefits. For purposes of this paragraph, effective 9 July 1, 2000, any employment with a covered employer does 10 not include employment as an elective official or member of 11 the general assembly if the member is not covered under this 12 chapter for that employment. For purposes of determining a 13 bona fide retirement under this paragraph and for a member 14 whose first month of entitlement is July 2004 or later, 15 but before July 2010, covered employment does not include 16 employment as a licensed health care professional by a public 17 hospital as defined in section 249J.3, with the exception 18 of public hospitals governed pursuant to chapter 226. For 19 purposes of this paragraph, effective July 1, 2010, returning 20 to covered employment means returning to employment with a 21 different employer than the employer that employed the member 22 immediately prior to retirement unless the member is returning 23 to employment as an elective official or member of the general 24 assembly, a teacher, or a health care professional. 25 Sec. 2. Section 97B.52A, subsection 1, Code 2009, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . d. Notwithstanding any provision of this 28 subsection to the contrary, for a member whose first month of 29 entitlement is July 2010 or later, the member does not return 30 to covered employment with the same employer that employed 31 the member immediately prior to retirement until the member 32 has qualified for no fewer than twelve calendar months of 33 retirement benefits. However, this paragraph does not apply to 34 returning to employment as an elective official or member of 35 -1- LSB 5472YH (5) 83 ec/sc 1/ 2

H.F. 2029 the general assembly, a teacher, or a health care professional. 1 EXPLANATION 2 This bill provides that, beginning July 2010, a person who 3 retires under the Iowa public employees retirement system 4 (IPERS) and receives a retirement allowance shall not return 5 to covered employment under IPERS with the same employer 6 the person had just prior to retirement, and still receive a 7 retirement allowance, for 12 months. Current law, and the 8 law as it relates to returning to employment with a different 9 employer under the bill, allows a person to return to covered 10 employment after four months and still receive a retirement 11 allowance. The bill provides that the requirement to not 12 return to covered employment with the same employer for 12 13 months does not apply to returning to employment as an elective 14 official or member of the general assembly, teacher, or health 15 care professional. In these cases, the current bona fide 16 retirement rules applicable to those categories of employment 17 still apply. 18 -2- LSB 5472YH (5) 83 ec/sc 2/ 2