H.F. 321 Section 1. Section 97A.6, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 17. Limitations on benefits —— prisoners. 3 a. An individual who is otherwise entitled to a retirement 4 allowance under this chapter shall not receive a retirement 5 allowance for any month during which both of the following 6 conditions exist: 7 (1) The individual is confined in a jail, prison, or 8 correctional facility pursuant to the individual’s conviction 9 of a felony. 10 (2) The individual has a spouse, or a child or children, as 11 defined in section 97A.1. 12 b. The amount of the retirement allowance not paid to the 13 individual under paragraph “a” shall be paid in the following 14 order of priority: 15 (1) To the individual’s spouse, if any. 16 (2) If there is no spouse, then to the individual’s child or 17 children, as defined in section 97A.1. 18 c. This subsection shall not be construed in a manner that 19 impairs the rights of any individual under a marital property, 20 spousal support, or child support order. In addition, this 21 subsection shall not be construed to impair the statutory 22 rights of a governmental entity, including but not limited to 23 the right of a governmental entity to collect an amount for 24 deposit in the victim compensation fund established in chapter 25 915. 26 Sec. 2. NEW SECTION . 97B.49J Limitations on benefits —— 27 prisoners. 28 1. An individual who is otherwise entitled to a retirement 29 allowance under this chapter shall not receive a retirement 30 allowance for any month during which both of the following 31 conditions exist: 32 a. The individual is confined in a jail, prison, or 33 correctional facility pursuant to the individual’s conviction 34 of a felony. 35 -1- LSB 1423YH (3) 85 ec/sc 1/ 3

H.F. 321 b. The individual has a spouse, or a child or children. 1 2. The amount of the retirement allowance not paid to the 2 individual under subsection 1 shall be paid in the following 3 order of priority: 4 a. To the individual’s spouse, if any. 5 b. If there is no spouse, then to the individual’s child or 6 children. 7 3. This section shall not be construed in a manner that 8 impairs the rights of any individual under a marital property, 9 spousal support, or child support order. In addition, this 10 section shall not be construed to impair the statutory rights 11 of a governmental entity, including but not limited to the 12 right of a governmental entity to collect an amount for deposit 13 in the victim compensation fund established in chapter 915. 14 Sec. 3. Section 602.9114, Code 2013, is amended to read as 15 follows: 16 602.9114 Forfeiture of benefits —— refund limitations on 17 benefits . 18 1. Forfeiture of benefits —— refund. If a judge covered 19 under this part is removed for cause other than permanent 20 disability the judge and the judge’s survivor shall forfeit the 21 right to any retirement benefits under the system but the total 22 amount in the judge’s individual account shall be returned to 23 the judge or the judge’s legal representatives within one year 24 of the removal. 25 2. Limitations on benefits —— prisoners. 26 a. An individual who is otherwise entitled to a retirement 27 allowance under this part shall not receive a retirement 28 allowance for any month during which both of the following 29 conditions exist: 30 (1) The individual is confined in a jail, prison, or 31 correctional facility pursuant to the individual’s conviction 32 of a felony. 33 (2) The individual has a spouse, or a child or children. 34 b. The amount of the retirement allowance not paid to the 35 -2- LSB 1423YH (3) 85 ec/sc 2/ 3

H.F. 321 individual under paragraph “a” shall be paid in the following 1 order of priority: 2 (1) To the individual’s spouse, if any. 3 (2) If there is no spouse, then to the individual’s child 4 or children. 5 c. This subsection shall not be construed in a manner that 6 impairs the rights of any individual under a marital property, 7 spousal support, or child support order. In addition, this 8 subsection shall not be construed to impair the statutory 9 rights of a governmental entity, including but not limited to 10 the right of a governmental entity to collect an amount for 11 deposit in the victim compensation fund established in chapter 12 915. 13 EXPLANATION 14 This bill provides that an individual otherwise eligible for 15 a pension under the public safety peace officers’ retirement, 16 accident, and disability system (PORS) under Code chapter 97A, 17 the Iowa public employees’ retirement system (IPERS) under 18 Code chapter 97B, or the judicial retirement system under Code 19 chapter 602, would be ineligible for benefits for that period 20 when the individual is incarcerated due to a conviction for a 21 felony. The bill provides that the individual’s pension would 22 be paid to the individual’s spouse, if any, and then to any 23 children of the individual. However, if no spouse or children 24 exist, then the pension remains payable to the individual. 25 The bill does provide, however, that the new provisions do 26 not impair the right of a person entitled to an amount from 27 the member pursuant to a marital property, spousal support, 28 or child support agreement and do not impair the statutory 29 rights of a governmental entity. Current law provides for 30 this limitation on benefits for individuals receiving a 31 pension under the statewide fire and police retirement system 32 established under Code chapter 411. 33 -3- LSB 1423YH (3) 85 ec/sc 3/ 3