Senate
Study
Bill
1234
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
KRAAYENBRINK)
A
BILL
FOR
An
Act
establishing
a
retirement
savings
plan
trust,
making
1
appropriations,
and
including
implementation
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
12L.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Administrative
fund”
means
the
administrative
fund
4
established
under
section
12L.4.
5
2.
“Employer”
means
a
person
or
entity
engaged
in
a
6
business,
industry,
profession,
trade,
or
other
enterprise
in
7
Iowa.
8
3.
“Internal
Revenue
Code”
means
the
same
as
defined
in
9
section
12I.1.
10
4.
“Iowa
retirement
savings
plan
trust”
or
“trust”
means
the
11
trust
created
under
section
12L.2.
12
5.
“Participant”
means
an
employed
individual
that
has
13
entered
into
a
participation
agreement
under
this
chapter
to
14
contribute
to
an
Iowa
retirement
savings
plan.
15
6.
“Participation
agreement”
means
an
agreement
between
a
16
participant
and
the
Iowa
retirement
savings
plan
trust
entered
17
into
under
this
chapter.
18
7.
“Program
fund”
means
the
program
fund
established
under
19
section
12L.4.
20
Sec.
2.
NEW
SECTION
.
12L.2
Creation
of
Iowa
retirement
21
savings
plan
trust.
22
An
Iowa
retirement
savings
plan
trust,
as
allowed
by
the
23
Internal
Revenue
Code,
is
created
for
the
purpose
of
helping
24
Iowans
save
for
retirement.
The
treasurer
of
state
is
the
25
trustee
of
the
trust,
and
has
all
powers
necessary
to
carry
out
26
and
effectuate
the
purposes,
objectives,
and
provisions
of
this
27
chapter
pertaining
to
the
trust,
including
the
power
to
do
all
28
of
the
following:
29
1.
Make
and
enter
into
contracts
necessary
for
the
30
administration
of
the
trust.
31
2.
Enter
into
agreements
with
any
financial
institution,
32
the
state,
or
any
federal
or
other
state
agency,
or
other
33
entity
as
required
to
implement
this
chapter.
34
3.
Carry
out
the
duties
and
obligations
of
the
trust
35
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pursuant
to
this
chapter.
1
4.
Accept
any
grants,
gifts,
legislative
appropriations,
2
and
other
moneys
from
the
state,
any
unit
of
federal,
state,
or
3
local
government,
or
any
other
person,
firm,
partnership,
or
4
corporation
which
the
treasurer
of
state
shall
deposit
into
the
5
administrative
fund
or
the
program
fund.
6
5.
Carry
out
studies
and
projections
so
the
treasurer
of
7
state
may
advise
participants
regarding
present
and
estimated
8
future
retirement
needs
and
levels
of
financial
participation
9
in
the
trust
required
in
order
to
enable
participants
to
10
achieve
their
retirement
funding
objectives.
11
6.
Participate
in
any
federal,
state,
or
local
governmental
12
program
for
the
benefit
of
the
trust.
13
7.
Procure
insurance
against
any
loss
in
connection
with
the
14
property,
assets,
or
activities
of
the
trust.
15
8.
Enter
into
agreements
with
participants
and
employers.
16
9.
Make
distributions
and
refunds
to
participants
pursuant
17
to
participation
agreements
as
prescribed
by
the
Internal
18
Revenue
Code.
19
10.
Invest
moneys
from
the
program
fund
in
any
investments
20
which
are
determined
by
the
treasurer
of
state
to
be
21
appropriate.
22
11.
Engage
investment
advisors,
if
necessary,
to
assist
in
23
the
investment
of
trust
assets.
24
12.
Contract
for
goods
and
services
and
engage
personnel
25
as
necessary,
including
consultants,
actuaries,
managers,
26
legal
counsel,
and
auditors,
for
the
purpose
of
rendering
27
professional,
managerial,
and
technical
assistance
and
advice
28
to
the
treasurer
of
state
regarding
trust
administration
and
29
operation.
30
13.
Establish,
impose,
and
collect
administrative
fees
31
and
charges
in
connection
with
transactions
of
the
trust,
and
32
provide
for
reasonable
service
charges,
including
penalties
for
33
cancellations
and
late
payments
with
respect
to
participation
34
agreements.
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14.
Develop
and
disseminate
information
designed
to
educate
1
individuals
about
the
benefits
of
planning
and
saving
for
2
retirement,
including
information
in
furtherance
of
financial
3
capability
and
financial
literacy,
and
to
help
participants
4
decide
the
savings
strategies
and
level
of
financial
5
participation
in
the
trust
that
may
be
appropriate.
6
15.
Administer
the
funds
of
the
trust.
7
16.
Adopt
rules
pursuant
to
chapter
17A
for
the
8
administration
of
the
trust.
9
Sec.
3.
NEW
SECTION
.
12L.3
Limitation
of
liability.
10
1.
The
Iowa
retirement
savings
plan
trust,
the
treasurer
of
11
state,
and
the
state
of
Iowa
shall
not
guarantee
any
rate
of
12
return
or
any
interest
rate
on
any
contribution
to
the
trust.
13
The
trust,
treasurer
of
state,
and
the
state
of
Iowa
are
not
14
liable
for
any
loss
incurred
by
any
person
as
a
result
of
15
participating
in
the
trust.
16
2.
An
employer
shall
not
be
liable
for
any
of
the
following:
17
a.
A
participant’s
investment
decisions.
18
b.
The
administration,
investment,
investment
returns,
or
19
investment
performance
of
the
plan
including
but
not
limited
20
to
an
interest
rate
or
rate
of
return
on
a
contribution
or
21
account
balance,
provided
the
employer
is
not
involved
in
the
22
administration
or
investment
of
the
plan.
23
c.
The
plan
design
or
the
benefits
paid
to
a
participant.
24
d.
Any
loss,
failure
to
realize
gain,
or
other
adverse
25
consequence
resulting
from
participation
in
the
plan
including
26
but
not
limited
to
adverse
tax
consequences
or
loss
of
27
favorable
tax
treatment,
public
assistance,
or
other
benefits.
28
Sec.
4.
NEW
SECTION
.
12L.4
Program
and
administrative
funds
29
——
investment
and
payments.
30
1.
The
treasurer
of
state
shall
segregate
moneys
received
31
by
the
Iowa
retirement
savings
plan
trust
into
two
funds,
the
32
program
fund
and
the
administrative
fund.
33
2.
All
moneys
paid
by
participants
in
connection
with
34
participation
agreements
shall
be
deposited
as
received
into
35
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separate
accounts
within
the
program
fund.
1
3.
Contributions
to
the
trust
made
by
participants
shall
2
only
be
made
in
the
form
of
cash.
3
4.
For
the
fiscal
year
beginning
July
1,
2025,
there
is
4
appropriated
from
the
unclaimed
property
trust
fund
established
5
in
section
556.18
to
the
treasurer
of
state,
an
amount
not
6
to
exceed
two
hundred
thousand
dollars
for
deposit
in
the
7
administrative
fund.
8
5.
Between
July
1,
2026,
and
June
30,
2032,
the
treasurer
9
of
state
shall
transfer
the
amount
appropriated
in
subsection
10
4
from
the
administrative
fund
to
the
unclaimed
property
11
trust
fund
in
a
manner
determined
by
the
treasurer
of
state
12
using
moneys
obtained
from
fees
authorized
by
section
12L.2,
13
subsection
13.
14
Sec.
5.
NEW
SECTION
.
12L.5
Cancellation
of
agreements.
15
A
participant
may
cancel
a
participation
agreement
at
will.
16
Upon
cancellation
of
a
participation
agreement,
a
participant
17
shall
be
entitled
to
the
return
of
the
participant’s
account
18
balance
subject
to
penalties
prescribed
by
the
Internal
Revenue
19
Code.
20
Sec.
6.
NEW
SECTION
.
12L.6
Annual
audited
financial
report.
21
1.
The
treasurer
of
state
shall
submit
an
annual
audited
22
financial
report,
prepared
in
accordance
with
generally
23
accepted
accounting
principles,
on
the
operations
of
the
Iowa
24
retirement
savings
plan
trust
by
November
1
to
the
governor
and
25
the
general
assembly.
26
2.
The
annual
audit
shall
be
made
either
by
the
auditor
27
of
state
or
by
an
independent
certified
public
accountant
28
designated
by
the
auditor
of
state
and
must
include
direct
and
29
indirect
costs
attributable
to
the
use
of
outside
consultants,
30
independent
contractors,
and
any
other
persons
who
are
not
31
state
employees.
32
3.
The
annual
audit
must
be
supplemented
by
all
of
the
33
following
information
prepared
by
the
treasurer
of
state:
34
a.
Any
related
studies
or
evaluations
prepared
in
the
35
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preceding
year.
1
b.
A
summary
of
the
benefits
provided
by
the
trust,
2
including
the
number
of
participants
in
the
trust.
3
c.
Any
other
information
which
is
relevant
in
order
to
make
4
a
full,
fair,
and
effective
disclosure
of
the
operations
of
the
5
trust.
6
Sec.
7.
NEW
SECTION
.
12L.7
Tax
considerations.
7
For
federal
tax
purposes,
the
Iowa
retirement
savings
plan
8
trust
shall
conform
to
the
requirements
established
by
the
9
Internal
Revenue
Code
to
be
able
to
operate
as
a
retirement
10
plan.
The
plan
may
conform
to
the
requirements
under
section
11
401(a),
401(k),
403(a),
403(b),
408(k),
408(p),
or
another
12
section
of
the
Internal
Revenue
Code
which
allows
Iowans
the
13
best
retirement
option
under
the
trust
as
determined
by
the
14
treasurer
of
state.
15
Sec.
8.
NEW
SECTION
.
12L.8
Property
rights
to
assets
in
16
trust.
17
1.
The
assets
of
the
Iowa
retirement
savings
plan
trust
18
shall
at
all
times
be
preserved,
invested,
and
expended
solely
19
and
only
for
the
purposes
of
the
trust
and
shall
be
held
in
20
trust
for
the
participants.
21
2.
No
property
rights
in
the
trust
shall
exist
in
favor
of
22
the
state.
23
3.
The
assets
of
the
trust
shall
not
be
transferred
or
used
24
by
the
state
for
any
purposes
other
than
the
purposes
of
the
25
trust.
26
Sec.
9.
NEW
SECTION
.
12L.9
Construction.
27
This
chapter
shall
be
construed
liberally
in
order
to
28
effectuate
its
purpose.
29
Sec.
10.
IMPLEMENTATION
PROVISION.
The
treasurer
of
state
30
shall
provide
that
when
the
requirements
of
chapter
12L
are
31
enacted,
individuals
may
begin
making
contributions
to
the
Iowa
32
retirement
savings
plan
trust,
as
created
by
section
12L.2,
as
33
enacted
in
this
Act,
no
earlier
than
January
1,
2026.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
creates
the
Iowa
retirement
savings
plan
trust
3
under
the
office
of
treasurer
of
state
for
the
purpose
of
4
helping
Iowans
save
for
retirement.
The
bill
provides
that
the
5
trust
be
operated
so
that,
for
federal
tax
purposes,
the
trust
6
meets
the
requirements
of
a
retirement
plan
as
provided
by
the
7
Internal
Revenue
Code
and
functions
according
to
other
federal
8
law.
9
The
state
treasurer
is
the
trustee
of
the
trust
and
has
10
numerous
powers,
as
specified
in
the
bill,
for
the
purpose
of
11
carrying
out
the
purpose
of
the
trust.
Powers
granted
the
12
treasurer
of
state
to
effectuate
the
purpose
of
the
trust
13
include
entering
into
agreements
with
trust
participants
and
14
employers,
investing
moneys
in
the
trust,
and
entering
into
any
15
agreements
or
contracts
necessary
to
carry
out
the
purposes
of
16
the
trust.
17
A
participant
may
cancel
participation
in
the
trust
at
any
18
time.
19
The
bill
provides
that
the
state,
the
treasurer
of
state,
20
and
the
trust
shall
not
guarantee
any
rate
of
return
on
any
21
contributions
to
the
trust
and
are
not
liable
for
any
loss
22
incurred
by
any
person
as
a
result
of
participating
in
the
23
trust.
An
employer
is
also
not
liable
for
a
participant’s
24
investment
decisions,
the
administration
of
the
plan,
or
the
25
consequences
of
participation
in
the
plan.
The
bill
requires
26
the
treasurer
to
submit
an
annual
audited
financial
report
on
27
the
operations
of
the
trust.
28
For
FY
2025-2026,
the
bill
appropriates
from
the
unclaimed
29
property
trust
fund
to
the
treasurer
of
state
for
deposit
30
in
the
trust’s
administrative
fund
an
amount
not
to
exceed
31
$200,000
and
requires
the
treasurer
of
state
to
reimburse
the
32
unclaimed
property
trust
fund
from
the
administrative
fund
by
33
June
30,
2032.
34
The
bill
provides
that
when
the
requirements
of
the
bill
35
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are
enacted,
the
treasurer
shall
not
allow
individuals
to
make
1
contributions
to
the
trust
earlier
than
January
1,
2026.
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