Senate
Study
Bill
1157
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
the
statewide
fire
and
police
retirement
1
system.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
400.8,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
The
commission,
when
necessary
under
the
rules,
3
including
minimum
and
maximum
age
limits,
which
shall
be
4
prescribed
and
published
in
advance
by
the
commission
and
5
posted
in
the
city
hall,
shall
hold
examinations
for
the
6
purpose
of
determining
the
qualifications
of
applicants
7
for
positions
under
civil
service,
other
than
promotions,
8
which
examinations
shall
be
practical
in
character
and
shall
9
relate
to
matters
which
will
fairly
test
the
mental
and
10
physical
ability
of
the
applicant
to
discharge
the
duties
of
11
the
position
to
which
the
applicant
seeks
appointment.
The
12
physical
examination
of
applicants
for
appointment
to
the
13
positions
of
police
officer,
police
matron,
or
fire
fighter
14
shall
be
held
in
accordance
with
medical
protocols
established
15
by
the
board
of
trustees
of
the
fire
and
police
retirement
16
system
established
by
section
411.5
and
shall
be
conducted
17
in
accordance
with
the
directives
of
the
board
of
trustees.
18
However,
the
prohibitions
of
section
216.6,
subsection
1
,
19
paragraph
“d”
,
regarding
tests
for
the
presence
of
the
antibody
20
to
the
human
immunodeficiency
virus
shall
not
apply
to
such
21
examinations.
The
board
of
trustees
may
change
the
medical
22
protocols
at
any
time
the
board
so
determines.
The
physical
23
examination
of
an
applicant
for
the
position
of
police
officer,
24
police
matron,
or
fire
fighter
shall
be
conducted
after
a
25
conditional
offer
of
employment
has
been
made
to
the
applicant.
26
An
applicant
shall
not
be
discriminated
against
on
the
basis
27
of
height,
weight,
sex,
or
race
in
determining
physical
or
28
mental
ability
of
the
applicant.
Reasonable
rules
relating
to
29
strength,
agility,
and
general
health
of
applicants
shall
be
30
prescribed.
The
costs
of
the
physical
examination
required
31
under
this
subsection
shall
be
paid
from
the
trust
and
agency
32
fund
of
the
city.
In
the
event
of
a
conflict
between
the
33
medical
protocols
established
under
this
section
and
the
34
minimum
entrance
requirements
of
the
Iowa
law
enforcement
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academy
established
under
section
80B.11,
the
medical
protocols
1
established
under
this
section
shall
control.
2
Sec.
2.
Section
411.1,
Code
2011,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
23.
“Vested
member”
means
a
member
who
has
5
become
eligible
to
receive
monthly
retirement
benefits
upon
the
6
member’s
retirement
as
the
result
of
either
age
or
years
of
7
service.
A
member
must
meet
one
of
the
following
requirements
8
to
be
vested:
9
a.
Complete
at
least
four
years
of
service.
10
b.
Attain
the
age
of
fifty-five
while
performing
membership
11
service.
12
Sec.
3.
Section
411.5,
subsection
12,
paragraph
e,
Code
13
2011,
is
amended
to
read
as
follows:
14
e.
Notwithstanding
any
provision
of
this
chapter
to
the
15
contrary,
a
member’s
service
retirement
allowance
shall
16
commence
on
or
before
the
later
of
the
following:
all
benefits
17
under
this
chapter
shall
commence
no
later
than
the
required
18
beginning
date,
as
set
forth
in
section
401(a)(9)
of
the
19
Internal
Revenue
Code
and
shall
also
comply
with
the
required
20
minimum
distribution
provisions
of
that
section.
21
(1)
April
1
of
the
calendar
year
following
the
calendar
year
22
in
which
the
member
attains
the
age
of
seventy
and
one-half
23
years.
24
(2)
April
1
of
the
calendar
year
following
the
calendar
year
25
in
which
the
member
retires.
26
Sec.
4.
Section
411.6,
subsection
1,
paragraph
b,
Code
2011,
27
is
amended
to
read
as
follows:
28
b.
Any
member
in
service
who
has
been
a
member
of
the
29
retirement
system
four
or
more
years
and
whose
employment
is
30
terminated
prior
to
the
member’s
retirement,
other
than
by
31
death
or
disability,
shall
upon
attaining
retirement
age,
32
receive
a
service
retirement
allowance
of
four
twenty-seconds
33
of
the
retirement
allowance
the
member
would
receive
at
34
retirement
if
the
member’s
employment
had
not
been
terminated,
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and
an
additional
one
twenty-second
of
such
retirement
1
allowance
for
each
additional
year
of
service
not
exceeding
2
twenty-two
years
of
service.
The
amount
of
the
retirement
3
allowance
shall
be
calculated
in
the
manner
provided
in
this
4
paragraph
using
the
average
final
compensation
at
the
time
of
5
termination
of
employment.
Any
member
in
service
who
achieved
6
vested
status
based
on
attainment
of
age
fifty-five
and
who
7
has
less
than
four
years
of
service
shall,
upon
termination
8
of
service
and
application
to
the
system,
receive
a
service
9
retirement
allowance
equal
to
one
twenty-second
of
the
10
retirement
allowance
the
member
would
have
received
based
on
11
twenty-two
years
of
service,
multiplied
by
the
number
of
years
12
of
service
credited
to
the
member.
13
Sec.
5.
Section
411.6,
subsection
8,
paragraph
c,
14
subparagraph
(3),
Code
2011,
is
amended
by
striking
the
15
subparagraph.
16
Sec.
6.
Section
411.9,
Code
2011,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
3A.
In
the
case
of
a
member’s
death
or
19
disability
occurring
on
or
after
January
1,
2007,
if
the
member
20
is
unable
to
resume
membership
service
as
a
result
of
death
21
or
disability
while
performing
qualified
military
service
22
as
defined
in
section
414(u)
of
the
Internal
Revenue
Code,
23
the
member
shall
be
treated
as
if
the
member
had
returned
to
24
membership
service
and
the
period
of
military
service
shall
be
25
treated
as
membership
service.
26
NEW
SUBSECTION
.
3B.
In
the
case
of
a
member’s
disability
27
incurred
while
performing
qualified
military
service
as
defined
28
in
section
414(u)
of
the
Internal
Revenue
Code,
the
member
29
shall
be
treated
as
a
member
in
good
standing,
whether
or
30
not
the
member
returns
to
membership
service,
and
shall
be
31
permitted
to
file
an
application
for
a
disability
pension
with
32
the
system.
The
disability
shall
be
treated
as
an
ordinary
33
disability
pursuant
to
section
411.6,
subsection
4.
34
Sec.
7.
Section
411.23,
subsection
1,
Code
2011,
is
amended
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to
read
as
follows:
1
1.
Commencing
July
1,
1990,
if
an
active
member,
in
service
2
on
or
after
that
date,
terminates
service,
other
than
by
death
3
or
disability,
the
member
may
elect
to
withdraw
the
member’s
4
contributions
under
section
411.8,
subsection
1
,
paragraphs
“f”
5
and
“h”
,
together
with
interest
thereon
at
a
rate
determined
by
6
the
board
of
trustees.
If
the
member
is
married
at
the
time
7
of
the
application
for
withdrawal,
the
application
is
subject
8
to
the
consent
of
the
member’s
spouse
unless
the
amount
to
9
be
withdrawn
does
not
exceed
five
thousand
dollars
or
such
10
other
amount
as
may
be
established
under
section
401(a)
of
the
11
Internal
Revenue
Code.
If
a
member
withdraws
contributions
as
12
provided
in
this
section
,
the
member
shall
be
deemed
to
have
13
waived
all
claims
for
other
benefits
from
the
system
for
the
14
period
of
membership
service
for
which
the
contributions
are
15
withdrawn.
16
Sec.
8.
Section
411.36,
subsection
1,
paragraph
a,
17
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
18
(3)
A
city
treasurer,
city
financial
officer,
or
city
clerk
,
19
or
other
city
officer
involved
with
the
management
of
the
20
financial
matters
of
the
city
from
four
participating
cities,
21
one
of
whom
is
from
a
city
having
a
population
of
less
than
22
thirty
thousand,
and
three
of
whom
are
from
cities
having
a
23
population
of
thirty
thousand
or
more.
The
members
authorized
24
pursuant
to
this
paragraph
shall
be
appointed
by
the
governing
25
body
of
the
Iowa
league
of
cities.
26
EXPLANATION
27
This
bill
makes
changes
relating
to
the
statewide
fire
and
28
police
retirement
system.
29
The
bill
amends
Code
section
400.8
to
provide
that,
in
terms
30
of
civil
service
examinations,
when
certain
medical
protocols
31
of
the
civil
service
entrance
examination
requirements
conflict
32
with
certain
minimum
entrance
requirements
of
the
Iowa
law
33
enforcement
academy,
the
medical
protocols
will
control.
34
The
bill
amends
Code
section
411.1
to
provide
a
definition
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for
vested
members
within
the
retirement
system
for
police
1
officers
and
fire
fighters,
stating
that
a
vested
member
is
2
a
member
who
becomes
eligible
to
receive
monthly
retirement
3
benefits
by
either
completing
four
years
of
service
or
reaching
4
the
age
of
55
while
serving.
5
The
bill
amends
Code
section
411.5
to
provide
that
the
6
distribution
of
benefits
from
the
retirement
system
for
7
police
officers
and
fire
fighters
must
begin
no
later
than
the
8
required
beginning
date,
set
forth
in
section
401(a)(9)
of
the
9
Internal
Revenue
Code
and
must
also
comply
with
the
minimum
10
distribution
provisions
of
the
same
section.
Current
law
bases
11
the
initial
distribution
based
upon
age
of
the
member
or
the
12
year
in
which
the
member
retires.
13
The
bill
amends
Code
section
411.6
to
require
that
an
14
individual
achieving
vested
status
on
the
basis
of
age
alone
15
shall
receive
retirement
payments
equal
to
one
twenty-second
of
16
the
allowance
they
would
have
received
for
22
years
of
service,
17
multiplied
by
years
of
actual
service
performed
by
the
member.
18
Code
section
411.6
is
also
amended
to
strike
language
that
19
would
allow
a
member’s
dependent
father
or
mother,
or
both,
to
20
act
as
possible
beneficiaries
of
certain
pension
benefits
under
21
the
system.
22
Code
section
411.9
is
amended
to
provide
that
if
a
member,
23
on
or
after
January
1,
2007,
becomes
unable
to
return
to
24
membership
service
as
a
result
of
death
or
disability
suffered
25
while
performing
qualified
military
service,
the
period
of
26
qualified
military
service
must
also
be
treated
as
membership
27
service
within
the
retirement
system
for
police
officers
and
28
fire
fighters.
The
Code
section
is
also
amended
to
require
29
that
if
a
member’s
disability
occurred
while
performing
30
qualified
military
service
that
the
member
must
be
treated
in
31
good
standing
and
be
able
to
file
for
a
disability
pension
with
32
the
system.
The
bill
specifies
that
the
disability
must
be
33
treated
as
an
ordinary
disability
for
purposes
of
the
system.
34
The
bill
amends
Code
section
411.23
to
provide
that
a
married
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member
seeking
to
make
a
withdrawal
of
over
$5,000
from
the
1
system
must
have
the
consent
of
the
member’s
spouse.
The
2
bill
states
that
the
figure
may
change
in
accordance
with
the
3
provisions
of
section
401(a)
of
the
Internal
Revenue
Code.
4
In
relation
to
the
system’s
board
of
trustees,
current
law
5
(Code
section
411.36)
provides
that
four
voting
members
of
the
6
board
must
be
either
a
city
treasurer,
city
financial
officer,
7
or
city
clerk
involved
with
the
financial
matters
of
a
city.
8
The
bill
provides
that
a
trustee
may
also
be
any
other
city
9
officer
involved
with
the
management
of
the
financial
matters
10
of
the
city.
The
bill
further
requires
that
each
of
these
four
11
members
must
be
involved
specifically
with
the
management
of
12
the
financial
matters
of
the
city.
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