House
File
2518
-
Reprinted
HOUSE
FILE
2518
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
2502)
(SUCCESSOR
TO
HSB
566)
(As
Amended
and
Passed
by
the
House
March
17,
2010
)
A
BILL
FOR
An
Act
concerning
public
retirement
systems,
including
the
1
public
safety
peace
officers’
retirement,
accident,
and
2
disability
system,
the
Iowa
public
employees’
retirement
3
system,
and
the
statewide
fire
and
police
retirement
system,
4
making
appropriations,
and
including
effective
date
and
5
retroactive
applicability
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
HF
2518
(7)
83
ec/sc/mb
H.F.
2518
DIVISION
I
1
PUBLIC
SAFETY
PEACE
OFFICERS’
RETIREMENT,
2
ACCIDENT,
AND
DISABILITY
SYSTEM
3
Section
1.
Section
80.8,
Code
2009,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
4.
Should
a
peace
officer
become
6
incapacitated
for
duty
as
a
natural
and
proximate
result
7
of
an
injury,
disease,
or
exposure
incurred
or
aggravated
8
while
in
the
actual
performance
of
duty
at
some
definite
9
time
or
place,
the
peace
officer
shall,
upon
being
found
to
10
be
temporarily
incapacitated
following
an
examination
by
a
11
workers’
compensation
physician
or
other
approved
physician
12
be
entitled
to
receive
the
peace
officer’s
fixed
pay
and
13
allowances,
without
using
the
peace
officer’s
sick
leave,
14
until
reexamined
by
a
workers’
compensation
physician
or
other
15
approved
physician
or
examined
by
the
medical
board
provided
16
for
in
section
97A.5,
and
found
to
be
fully
recovered
or
17
permanently
disabled.
In
addition,
a
peace
officer
found
to
18
be
temporarily
incapacitated
under
this
subsection
shall
be
19
credited
with
any
sick
leave
used
prior
to
the
determination
20
that
the
peace
officer
was
temporarily
incapacitated
under
this
21
subsection
for
the
period
of
time
sick
leave
was
used.
For
22
purposes
of
this
subsection,
disease
shall
mean
as
described
23
in
section
97A.6,
subsection
5.
24
Sec.
2.
Section
97A.1,
subsection
6,
Code
2009,
is
amended
25
to
read
as
follows:
26
6.
“Child”
means
only
the
surviving
issue
of
a
deceased
27
active
or
retired
member,
or
a
child
legally
adopted
by
a
28
deceased
member
prior
to
the
member’s
retirement.
“Child”
29
includes
only
an
individual
who
is
under
the
age
of
eighteen
30
years,
an
individual
who
is
under
the
age
of
twenty-two
and
is
31
a
full-time
student,
or
an
individual
who
is
disabled
under
the
32
definitions
used
in
section
402
202
of
the
Social
Security
Act
33
as
amended
if
the
disability
occurred
to
the
individual
during
34
the
time
the
individual
was
under
the
age
of
eighteen
years
35
-1-
HF
2518
(7)
83
ec/sc/mb
1/
25
H.F.
2518
and
the
parent
of
the
individual
was
an
active
member
of
the
1
system.
2
Sec.
3.
Section
97A.6,
subsection
2,
paragraph
e,
3
subparagraph
(6),
Code
2009,
is
amended
to
read
as
follows:
4
(6)
For
a
member
who
terminates
service,
other
than
by
5
death
or
disability
,
on
or
after
July
1,
2000,
and
who
does
6
not
withdraw
the
member’s
contributions
pursuant
to
section
7
97A.16,
upon
the
member’s
retirement
there
shall
be
added
8
two
and
three-fourths
percent
of
the
member’s
average
final
9
compensation
for
each
year
of
service
over
twenty-two
years.
10
However,
this
subparagraph
does
not
apply
to
more
than
ten
11
additional
years
of
service.
12
Sec.
4.
Section
97A.6,
subsection
5,
paragraph
b,
Code
2009,
13
is
amended
by
striking
the
paragraph.
14
Sec.
5.
Section
97A.6,
subsection
7,
paragraph
a,
15
subparagraph
(2),
Code
2009,
is
amended
to
read
as
follows:
16
(2)
A
beneficiary
retired
under
the
provisions
of
this
17
paragraph
in
order
to
be
eligible
for
continued
receipt
of
18
retirement
benefits
shall
no
later
than
May
15
of
each
year
19
submit
to
the
board
of
trustees
a
copy
of
the
beneficiary’s
20
state
federal
individual
income
tax
return
for
the
preceding
21
year.
The
beneficiary
shall
also
submit,
within
sixty
days,
22
any
documentation
requested
by
the
system
that
is
determined
to
23
be
necessary
by
the
system
to
determine
the
beneficiary’s
gross
24
wages.
25
Sec.
6.
Section
97A.6,
subsection
7,
paragraph
b,
Code
2009,
26
is
amended
to
read
as
follows:
27
b.
Should
a
disability
beneficiary
under
age
fifty-five
28
be
restored
to
active
service
at
a
compensation
not
less
than
29
the
disability
beneficiary’s
average
final
compensation,
the
30
disability
beneficiary’s
retirement
allowance
shall
cease,
the
31
disability
beneficiary
shall
again
become
a
member
and
shall
32
contribute
thereafter
at
the
same
rate
payable
by
other
members
33
of
comparable
rank,
seniority,
and
age,
and
former
service
on
34
the
basis
of
which
the
disability
beneficiary’s
service
was
35
-2-
HF
2518
(7)
83
ec/sc/mb
2/
25
H.F.
2518
computed
at
the
time
of
retirement
shall
be
restored
to
full
1
force
and
effect.
Upon
subsequent
retirement
the
disability
2
beneficiary
shall
be
credited
with
all
service
as
a
member,
and
3
also
with
no
more
than
two
years
of
the
period
of
disability
4
retirement.
5
Sec.
7.
Section
97A.8,
subsection
1,
paragraph
b,
6
subparagraph
(2),
subparagraph
division
(e),
Code
2009,
is
7
amended
by
striking
the
subparagraph
division
and
inserting
in
8
lieu
thereof
the
following:
9
(e)
For
the
fiscal
year
beginning
July
1,
2012,
twenty-seven
10
percent.
11
(f)
For
the
fiscal
year
beginning
July
1,
2013,
twenty-nine
12
percent.
13
(g)
For
the
fiscal
year
beginning
July
1,
2014,
thirty-one
14
percent.
15
(h)
For
the
fiscal
year
beginning
July
1,
2015,
thirty-three
16
percent.
17
(i)
For
the
fiscal
year
beginning
July
1,
2016,
thirty-five
18
percent.
19
(j)
For
each
fiscal
year
beginning
on
or
after
July
1,
2017,
20
the
lesser
of
thirty-seven
percent
or
the
normal
contribution
21
rate
as
calculated
pursuant
to
subparagraph
(1).
22
Sec.
8.
Section
97A.8,
subsection
1,
paragraph
e,
23
subparagraph
(8),
Code
2009,
is
amended
to
read
as
follows:
24
(8)
(a)
For
purposes
of
this
subparagraph,
the
“applicable
25
employee
percentage”
shall
be
as
follows:
26
(i)
For
the
fiscal
period
beginning
July
1,
2006,
and
ending
27
June
30,
2011,
nine
and
thirty-five
hundredths
percent.
28
(ii)
For
the
fiscal
year
beginning
July
1,
2011,
nine
and
29
eighty-five
hundredths
percent.
30
(iii)
For
the
fiscal
year
beginning
July
1,
2012,
ten
and
31
thirty-five
hundredths
percent.
32
(iv)
For
the
fiscal
year
beginning
July
1,
2013,
ten
and
33
eighty-five
hundredths
percent.
34
(v)
For
the
fiscal
year
beginning
July
1,
2014,
and
each
35
-3-
HF
2518
(7)
83
ec/sc/mb
3/
25
H.F.
2518
fiscal
year
thereafter,
eleven
and
thirty-five
hundredths
1
percent.
2
(b)
Notwithstanding
any
other
provision
of
this
chapter,
3
beginning
July
1,
1996,
and
each
fiscal
year
thereafter,
an
4
amount
equal
to
the
member’s
contribution
rate
times
each
5
member’s
compensation
shall
be
paid
to
the
retirement
fund
from
6
the
earnable
compensation
of
the
member.
For
the
purposes
7
of
this
subparagraph,
the
member’s
contribution
rate
shall
8
be
nine
and
thirty-five
hundredths
percent
the
applicable
9
employee
percentage
.
However,
the
system
shall
increase
the
10
member’s
contribution
rate
as
necessary
to
cover
any
increase
11
in
cost
to
the
system
resulting
from
statutory
changes
which
12
are
enacted
by
any
session
of
the
general
assembly
meeting
13
after
January
1,
1995,
if
the
increase
cannot
be
absorbed
14
within
the
contribution
rates
otherwise
established
pursuant
to
15
this
paragraph,
but
subject
to
a
maximum
employee
contribution
16
rate
of
eleven
and
three-tenths
percent.
After
the
employee
17
contribution
reaches
eleven
and
three-tenths
percent,
sixty
18
percent
of
the
additional
cost
of
such
statutory
changes
shall
19
be
paid
by
the
employer
under
paragraph
“c”
and
forty
percent
20
of
the
additional
cost
shall
be
paid
by
employees
under
this
21
subparagraph
(8).
22
Sec.
9.
Section
97A.8,
subsection
1,
Code
2009,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
i.
Notwithstanding
any
provision
of
this
25
subsection
to
the
contrary,
if
any
statutory
changes
are
26
enacted
by
any
session
of
the
general
assembly
meeting
after
27
January
1,
2011,
which
increases
the
cost
to
the
system,
28
the
system
shall,
if
the
increased
cost
cannot
be
absorbed
29
within
the
contribution
rates
otherwise
established
pursuant
30
to
this
subsection
at
the
time
the
statutory
changes
are
31
enacted,
increase
the
normal
contribution
rate
and
the
member’s
32
contribution
rate
as
necessary
to
cover
any
increase
in
cost
33
by
providing
that
sixty
percent
of
the
additional
cost
of
such
34
statutory
changes
shall
be
paid
by
the
employer
under
paragraph
35
-4-
HF
2518
(7)
83
ec/sc/mb
4/
25
H.F.
2518
“c”
and
forty
percent
of
the
additional
cost
shall
be
paid
by
1
employees
under
paragraph
“e”
,
subparagraph
(8).
2
Sec.
10.
Section
97A.10,
subsection
1,
paragraph
a,
3
subparagraph
(1),
Code
2009,
is
amended
to
read
as
follows:
4
(1)
“Eligible
qualified
service”
means
as
follows:
5
(a)
Service
with
the
department
prior
to
July
1,
1994,
in
6
a
position
as
a
gaming
enforcement
officer,
fire
prevention
7
inspector
peace
officer,
or
as
an
employee
of
the
division
of
8
capitol
police
except
clerical
workers.
9
(b)
Service
service
as
a
member
of
a
city
fire
retirement
10
system
or
police
retirement
system
operating
under
chapter
411
11
prior
to
January
1,
1992,
for
which
service
was
not
eligible
to
12
be
transferred
to
this
system
pursuant
to
section
97A.17.
13
Sec.
11.
Section
97A.10,
subsections
2
and
3,
Code
2009,
are
14
amended
to
read
as
follows:
15
2.
An
active
member
of
the
system
may
make
contributions
to
16
the
system
to
purchase
up
to
the
maximum
amount
of
permissive
17
service
credit
for
eligible
qualified
service
as
determined
by
18
the
system,
pursuant
to
Internal
Revenue
Code
section
415(n)
19
and
the
requirements
of
this
section.
A
member
seeking
to
20
purchase
permissive
service
credit
pursuant
to
this
section
21
shall
file
a
written
application
along
with
appropriate
22
documentation
with
the
department
by
July
1,
2007
2011
.
23
3.
A
member
making
contributions
for
a
purchase
of
24
permissive
service
credit
for
eligible
qualified
service
under
25
this
section
shall
make
contributions
in
an
amount
equal
to
the
26
actuarial
cost
of
the
permissive
service
credit
purchase
,
less
27
an
amount
equal
to
the
member’s
contributions
under
chapter
28
411
for
the
period
of
eligible
qualified
service
together
29
with
interest
at
a
rate
determined
by
the
board
of
trustees
.
30
For
purposes
of
this
subsection,
the
actuarial
cost
of
the
31
permissive
service
credit
purchase
is
an
amount
determined
by
32
the
system
in
accordance
with
actuarial
tables,
as
reported
33
to
the
system
by
the
system’s
actuary,
which
reflects
the
34
actuarial
cost
necessary
to
fund
an
increased
retirement
35
-5-
HF
2518
(7)
83
ec/sc/mb
5/
25
H.F.
2518
allowance
resulting
from
the
purchase
of
permissive
service
1
credit.
2
Sec.
12.
Section
97A.11,
Code
2009,
is
amended
to
read
as
3
follows:
4
97A.11
Contributions
by
the
state.
5
On
or
before
the
first
day
of
November
January
in
each
year,
6
the
board
of
trustees
shall
certify
to
the
director
of
the
7
department
of
administrative
services
the
amounts
which
will
8
become
due
and
payable
during
the
fiscal
year
next
following
to
9
the
retirement
fund.
The
amounts
so
certified
shall
be
paid
10
by
the
director
of
the
department
of
administrative
services
11
out
of
the
funds
appropriated
for
the
Iowa
department
of
public
12
safety,
to
the
treasurer
of
state,
the
same
to
be
credited
to
13
the
system
for
the
ensuing
fiscal
year.
14
Sec.
13.
NEW
SECTION
.
97A.11A
Supplemental
state
15
appropriation.
16
1.
Beginning
with
the
fiscal
year
commencing
July
1,
17
2012,
and
ending
June
30
of
the
fiscal
year
during
which
the
18
board
determines
that
the
system’s
funded
ratio
of
assets
19
to
liabilities
is
at
least
eighty-five
percent,
there
is
20
appropriated
from
the
general
fund
of
the
state
for
each
fiscal
21
year
to
the
retirement
fund
described
in
section
97A.8,
an
22
amount
equal
to
five
million
dollars.
23
2.
Moneys
appropriated
by
the
state
pursuant
to
this
section
24
shall
not
be
used
to
reduce
the
normal
rate
of
contribution
by
25
the
state
below
seventeen
percent.
26
Sec.
14.
Section
97A.14,
Code
2009,
is
amended
to
read
as
27
follows:
28
97A.14
Hospitalization
and
medical
attention.
29
1.
The
board
of
trustees
shall
provide
hospital,
nursing,
30
and
medical
attention
for
the
members
in
service
when
injured
31
while
in
the
performance
of
their
duties
and
shall
continue
32
to
provide
hospital,
nursing,
long-term
care,
and
medical
33
attention
for
injuries
or
diseases
incurred
while
in
the
34
performance
of
their
duties
for
the
members
but
only
while
35
-6-
HF
2518
(7)
83
ec/sc/mb
6/
25
H.F.
2518
the
members
are
still
receiving
a
retirement
allowance
under
1
section
97A.6,
subsection
6.
The
cost
of
hospital,
nursing,
2
and
medical
attention
shall
be
paid
out
of
the
retirement
fund.
3
However,
any
amounts
received
by
the
injured
person
under
the
4
workers’
compensation
law
of
the
state,
or
from
any
other
5
source
for
such
specific
purposes,
shall
be
deducted
from
the
6
amount
paid
by
the
board
of
trustees
provisions
of
under
this
7
section.
8
2.
For
purposes
of
this
section,
medical
attention
shall
9
include
but
not
be
limited
to
services
provided
by
licensed
10
medical
personnel
to
include
office,
hospital,
nursing
home
11
care,
long-term
care,
and
prescriptions
for
medicine
or
12
equipment.
Within
twelve
months
of
receiving
treatment
or
13
incurring
a
cost
with
direct
correlation
to
the
disabling
14
condition,
the
beneficiary
of
an
accidental
disability
benefit
15
shall
submit
a
written
request
for
reimbursement
to
the
board.
16
A
denial
of
reimbursement
by
the
board
shall
be
subject
to
17
judicial
review
in
the
same
manner
as
any
other
action
by
the
18
board
in
accordance
with
section
97A.6,
subsection
13.
19
Sec.
15.
PUBLIC
SAFETY
PEACE
OFFICERS’
RETIREMENT,
20
ACCIDENT,
AND
DISABILITY
SYSTEM
——
ADDITIONAL
APPROPRIATION
21
FOR
PURCHASE
OF
SERVICE.
If
section
97A.10
is
amended
by
this
22
Act
to
provide
for
the
purchase
of
eligible
service
credit
on
23
and
after
July
1,
2010,
there
shall
be
appropriated
from
the
24
general
fund
of
the
state
to
the
retirement
fund
described
in
25
section
97A.8
an
amount
equal
to
that
portion
of
the
actuarial
26
cost
of
the
permissive
service
credit
purchase
for
eligible
27
service
credit
pursuant
to
section
97A.10
that
is
not
required
28
to
be
contributed
by
a
member
making
contributions
to
the
29
system
for
that
purchase.
30
Sec.
16.
PUBLIC
SAFETY
PEACE
OFFICERS’
RETIREMENT,
31
ACCIDENT,
AND
DISABILITY
SYSTEM
——
EMPLOYERS
CONTRIBUTION
RATE
32
CALCULATION
STUDY.
33
1.
The
board
of
trustees
of
the
Iowa
department
of
public
34
safety
peace
officers’
retirement,
accident,
and
disability
35
-7-
HF
2518
(7)
83
ec/sc/mb
7/
25
H.F.
2518
system,
as
defined
in
section
97A.2,
shall,
in
consultation
1
with
the
system’s
actuary,
conduct
a
study
concerning
the
2
calculation
of
the
employers
contribution
rate
beginning
on
and
3
after
July
1,
2017,
with
the
goal
of
establishing
a
mechanism
4
for
ensuring
that
the
system’s
funded
ratio
of
assets
to
5
liabilities
is
at
least
eighty-five
percent.
6
2.
On
or
before
October
15,
2015,
the
board
of
trustees
7
shall
file
a
report
with
the
legislative
services
agency,
for
8
distribution
to
the
public
retirement
systems
committee,
which
9
contains
the
results
of
the
study
and
any
recommendations
for
10
statutory
changes
to
implement
the
recommendations
of
the
11
study.
12
Sec.
17.
PUBLIC
SAFETY
PEACE
OFFICERS’
RETIREMENT,
13
ACCIDENT,
AND
DISABILITY
SYSTEM
——
ADJUSTMENT
OF
PENSIONS
14
PAYABLE.
It
is
the
intent
of
the
general
assembly
that
the
15
applicable
amount
for
each
adjustment
occurring
on
July
1
16
as
provided
in
section
97A.6,
subsection
14,
paragraph
“a”
,
17
subparagraph
(2),
subparagraph
division
(a),
shall
be
the
18
exact
dollar
amount
listed
in
each
subparagraph
subdivision
19
of
subparagraph
division
(a)
for
each
July
1
in
which
that
20
particular
subparagraph
subdivision
applies
and
shall
not
21
be
increased
above
the
amount
listed
in
that
subparagraph
22
subdivision
for
each
year
that
the
subparagraph
subdivision
23
applies.
However,
the
applicable
amount
for
each
adjustment
24
occurring
on
or
after
July
1,
2010,
as
provided
by
this
25
section,
shall
not
be
less
than
the
applicable
amount
for
the
26
adjustment
for
the
previous
July
1.
27
Sec.
18.
PUBLIC
SAFETY
PEACE
OFFICERS’
RETIREMENT,
28
ACCIDENT,
AND
DISABILITY
SYSTEM
——
BOARD
REPORT.
29
1.
The
board
of
trustees
of
the
Iowa
department
of
30
public
safety
peace
officers’
retirement,
accident,
and
31
disability
system,
as
defined
in
section
97A.2,
shall
32
conduct
a
comprehensive
examination
of
the
plan
design
33
of
the
Iowa
department
of
public
safety
peace
officers’
34
retirement,
accident,
and
disability
system,
pursuant
to
the
35
-8-
HF
2518
(7)
83
ec/sc/mb
8/
25
H.F.
2518
principles
established
in
chapter
97D,
with
the
goal
of
making
1
recommendations
for
benefit
and
other
statutory
changes
to
the
2
system
that
will
maintain
an
adequate
retirement
for
members
at
3
a
reasonable
cost
to
members
and
employers.
4
2.
On
or
before
October
15,
2011,
the
board
of
trustees
5
shall
file
a
report
with
the
legislative
services
agency,
for
6
distribution
to
the
public
retirement
systems
committee,
which
7
contains
the
results
of
the
comprehensive
examination
and
any
8
recommendations
for
benefit
or
other
statutory
changes
to
the
9
system.
10
DIVISION
II
11
IOWA
PUBLIC
EMPLOYEES’
12
RETIREMENT
SYSTEM
13
Sec.
19.
Section
97B.1A,
Code
Supplement
2009,
is
amended
by
14
adding
the
following
new
subsection:
15
NEW
SUBSECTION
.
10A.
“Final
average
covered
wage”
means
the
16
greater
of
the
following:
17
a.
(1)
The
member’s
covered
wages
averaged
for
the
18
highest
five
years
of
the
member’s
regular
service,
except
19
as
otherwise
provided
in
this
paragraph.
The
highest
five
20
years
of
a
member’s
covered
wages
shall
be
determined
using
21
calendar
years.
However,
if
a
member’s
final
quarter
of
a
22
year
of
employment
does
not
occur
at
the
end
of
a
calendar
23
year,
the
system
may
determine
the
wages
for
the
fifth
year
by
24
computing
the
average
quarter
of
all
quarters
from
the
member’s
25
highest
calendar
year
of
covered
wages
not
being
used
in
the
26
selection
of
the
four
highest
years
and
using
the
computed
27
average
quarter
for
each
quarter
in
the
fifth
year
in
which
28
no
wages
have
been
reported
in
combination
with
the
final
29
quarter
or
quarters
of
the
member’s
service
to
create
a
full
30
calendar
year.
However,
the
system
shall
not
use
the
member’s
31
final
quarter
of
wages
if
using
that
quarter
would
reduce
32
the
member’s
final
average
covered
wage.
If
the
five-year
33
average
covered
wage
of
a
member
exceeds
the
highest
maximum
34
covered
wages
in
effect
for
a
calendar
year
during
the
member’s
35
-9-
HF
2518
(7)
83
ec/sc/mb
9/
25
H.F.
2518
period
of
service,
the
five-year
average
covered
wage
of
the
1
member
shall
be
reduced
to
the
highest
maximum
covered
wages
in
2
effect
during
the
member’s
period
of
service.
Notwithstanding
3
any
other
provision
of
this
subparagraph
to
the
contrary,
4
a
member’s
wages
for
the
fifth
year
as
computed
under
this
5
subparagraph
shall
not
exceed,
by
more
than
three
percent,
the
6
member’s
highest
actual
calendar
year
of
covered
wages.
7
(2)
Notwithstanding
any
other
provisions
of
this
paragraph
8
“a”
to
the
contrary,
the
member’s
five-year
average
covered
9
wage
shall
be
the
lesser
of
the
five-year
average
covered
wage
10
as
calculated
pursuant
to
subparagraph
(1)
and
the
adjusted
11
covered
wage
amount.
For
purposes
of
this
subparagraph
(2),
12
the
covered
wage
amount
shall
be
an
amount
equal
to
one
hundred
13
thirty-four
percent
of
the
member’s
applicable
calendar
year
14
wages.
The
member’s
applicable
calendar
year
wages
shall
be
15
the
member’s
highest
calendar
year
of
covered
wages
not
used
in
16
the
calculation
of
the
member’s
five-year
average
covered
wage
17
pursuant
to
subparagraph
(1),
or
such
other
calendar
year
of
18
covered
wages
selected
by
the
system
pursuant
to
rules
adopted
19
by
the
system.
20
b.
If
the
member
was
vested
as
of
June
30,
2012,
the
21
member’s
three-year
average
covered
wage
as
of
June
30,
2012.
22
Sec.
20.
Section
97B.1A,
subsection
24,
paragraph
c,
Code
23
Supplement
2009,
is
amended
to
read
as
follows:
24
c.
Notwithstanding
any
other
provisions
of
this
subsection
25
to
the
contrary,
for
a
member
who
retires
on
or
after
July
1,
26
2007,
the
member’s
three-year
average
covered
wage
shall
be
the
27
lesser
of
the
three-year
average
covered
wage
as
calculated
28
pursuant
to
paragraph
“a”
and
the
adjusted
covered
wage
29
amount.
For
purposes
of
this
paragraph,
the
adjusted
covered
30
wage
amount
shall
be
the
greater
of
the
member’s
three-year
31
average
covered
wage
calculated
pursuant
to
paragraph
“a”
as
32
of
July
1,
2007,
and
an
amount
equal
to
one
hundred
twenty-one
33
percent
of
the
member’s
applicable
calendar
year
wages.
The
34
member’s
applicable
calendar
year
wages
shall
be
the
member’s
35
-10-
HF
2518
(7)
83
ec/sc/mb
10/
25
H.F.
2518
highest
full
calendar
year
of
covered
wages
not
used
in
the
1
calculation
of
the
member’s
three-year
average
covered
wage
2
pursuant
to
paragraph
“a”
,
or
,
if
the
member
does
not
have
3
another
full
calendar
year
of
covered
wages
that
was
not
used
4
in
the
calculation
of
the
three-year
average
covered
wage
under
5
paragraph
“a”
,
the
lowest
full
calendar
year
of
covered
wages
6
that
was
used
in
the
calculation
of
the
member’s
three-year
7
average
covered
wage
pursuant
to
paragraph
“a”
such
other
8
calendar
year
of
covered
wages
selected
by
the
system
pursuant
9
to
rules
adopted
by
the
system
.
10
Sec.
21.
Section
97B.1A,
subsection
25,
paragraph
a,
11
subparagraphs
(1)
through
(5),
Code
Supplement
2009,
are
12
amended
by
striking
the
subparagraphs
and
inserting
in
lieu
13
thereof
the
following:
14
(1)
Is
vested
by
service.
15
(2)
Prior
to
July
1,
2005,
has
attained
the
age
of
16
fifty-five.
17
(3)
Between
July
1,
2005,
and
June
30,
2012,
has
attained
18
the
age
of
fifty-five
or
greater
while
in
covered
employment.
19
(4)
On
and
after
July
1,
2012,
meets
one
of
the
following
20
requirements:
21
(a)
For
a
member
in
special
service,
has
attained
the
age
of
22
fifty-five
or
greater
while
in
covered
employment.
23
(b)
For
a
member
in
regular
service,
has
attained
the
age
of
24
sixty-five
or
greater
while
in
covered
employment.
25
Sec.
22.
Section
97B.1A,
subsection
25,
Code
Supplement
26
2009,
is
amended
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
d.
“Vested
by
service”
means
a
member
who
28
meets
one
of
the
following
requirements:
29
(1)
Prior
to
July
1,
1965,
had
attained
the
age
of
30
forty-eight
and
completed
at
least
eight
years
of
service.
31
(2)
Between
July
1,
1965,
and
June
30,
1973,
had
completed
32
at
least
eight
years
of
service.
33
(3)
Between
July
1,
1973,
and
June
30,
2012,
had
completed
34
at
least
four
years
of
service.
35
-11-
HF
2518
(7)
83
ec/sc/mb
11/
25
H.F.
2518
(4)
On
and
after
July
1,
2012,
meets
one
of
the
following
1
requirements:
2
(a)
For
a
member
in
special
service,
has
completed
at
least
3
four
years
of
special
service.
4
(b)
For
a
member
in
regular
service,
has
completed
at
least
5
seven
years
of
service.
6
(5)
On
or
after
July
1,
1988,
an
inactive
member
who
had
7
accumulated,
as
of
the
date
of
the
member’s
last
termination
of
8
employment,
years
of
membership
service
equal
to
or
exceeding
9
the
years
of
membership
service
specified
in
this
paragraph
10
“d”
for
qualifying
as
vested
by
service
on
that
date
of
11
termination.
12
Sec.
23.
Section
97B.4,
subsection
2,
paragraph
c,
Code
13
2009,
is
amended
to
read
as
follows:
14
c.
In
administering
this
chapter
,
the
system
may
enter
into
15
a
biennial
agreement
with
the
department
of
administrative
16
services
concerning
the
sharing
of
resources
between
the
17
system
and
department
which
are
of
benefit
to
each
and
18
which
are
consistent
with
the
mission
of
the
system
and
19
the
department.
The
budget
program
for
the
system
shall
be
20
established
by
the
chief
executive
officer
in
consultation
with
21
the
board
and
other
staff
of
the
system
and
shall
be
compiled
22
and
submitted
by
the
system
pursuant
to
section
8.23.
23
Sec.
24.
Section
97B.4,
subsection
4,
paragraph
a,
Code
24
2009,
is
amended
to
read
as
follows:
25
a.
Annual
report
to
governor.
Not
later
than
the
26
thirty-first
day
of
December
of
each
year,
the
system
shall
27
submit
to
the
governor
a
report
covering
the
administration
28
and
operation
of
this
chapter
during
the
preceding
fiscal
29
year
and
shall
make
recommendations
for
amendments
to
this
30
chapter.
The
report
shall
include
a
balance
sheet
of
the
31
moneys
in
the
retirement
fund.
The
report
shall
also
include
32
information
concerning
the
investment
management
expenses
33
for
the
retirement
fund
for
each
fiscal
year
expressed
as
a
34
percent
of
the
market
value
of
the
retirement
fund
investment
35
-12-
HF
2518
(7)
83
ec/sc/mb
12/
25
H.F.
2518
assets
,
including
the
information
described
in
section
97B.7,
1
subsection
3
,
paragraph
“d”
.
The
information
provided
under
2
this
paragraph
shall
also
include
information
on
the
investment
3
policies
and
investment
performance
of
the
retirement
fund.
4
In
providing
this
information,
to
the
extent
possible,
the
5
system
shall
include
the
total
investment
return
for
the
entire
6
fund,
for
portions
of
the
fund
managed
by
investment
managers,
7
and
for
internally
managed
portions
of
the
fund,
and
the
cost
8
of
managing
the
fund
per
thousand
dollars
of
assets.
The
9
performance
shall
be
based
upon
market
value,
and
shall
be
10
contrasted
with
relevant
market
indices
and
with
performances
11
of
pension
funds
of
similar
asset
size.
12
Sec.
25.
Section
97B.11,
subsection
3,
paragraph
d,
Code
13
2009,
is
amended
to
read
as
follows:
14
d.
“Required
contribution
rate”
means
that
percentage
of
the
15
covered
wages
of
members
in
regular
service,
members
described
16
in
section
97B.49B,
and
members
described
in
section
97B.49C,
17
that
the
system
shall,
for
each
fiscal
year,
separately
set
18
for
members
in
each
membership
category
as
provided
in
this
19
paragraph.
The
required
contribution
rate
that
is
set
by
the
20
system
for
a
membership
category
shall
be
the
contribution
21
rate
the
system
actuarially
determines,
based
upon
the
22
most
recent
actuarial
valuation
of
the
system
and
using
the
23
actuarial
methods,
assumptions,
and
funding
policy
approved
24
by
the
investment
board,
is
the
rate
required
by
the
system
25
to
discharge
its
liabilities
as
a
percentage
of
the
covered
26
wages
of
members
in
that
membership
category.
However,
the
27
required
contribution
rate
set
by
the
system
for
members
in
28
regular
service
for
a
fiscal
year
shall
not
vary
by
more
than
29
one-half
one
percentage
point
from
the
required
contribution
30
rate
for
the
prior
fiscal
year.
31
Sec.
26.
Section
97B.49A,
subsection
3,
Code
2009,
is
32
amended
to
read
as
follows:
33
3.
Calculation
of
monthly
allowance.
For
each
active
or
34
inactive
vested
member
retiring
on
or
after
July
1,
1994,
with
35
-13-
HF
2518
(7)
83
ec/sc/mb
13/
25
H.F.
2518
four
or
more
complete
years
of
service,
a
monthly
benefit
shall
1
be
computed
which
is
equal
to
one-twelfth
of
an
amount
equal
2
to
the
applicable
percentage
of
the
three-year
final
average
3
covered
wage
multiplied
by
a
fraction
of
years
of
service.
4
However,
if
benefits
under
this
section
commence
on
an
early
5
retirement
date,
the
amount
of
the
benefit
shall
be
reduced
in
6
accordance
with
section
97B.50.
7
Sec.
27.
Section
97B.49A,
subsection
4,
paragraph
c,
Code
8
2009,
is
amended
to
read
as
follows:
9
c.
For
each
active
and
vested
member
retiring
with
less
than
10
four
complete
years
of
service
and
who
therefore
cannot
have
a
11
benefit
determined
under
the
formula
benefit
of
paragraph
“a”
12
or
“b”
of
this
subsection,
subsection
3,
or
section
97B.49G,
13
subsection
1,
a
monthly
annuity
for
membership
service
shall
be
14
determined
by
applying
the
member’s
accumulated
contributions
15
and
the
employer’s
matching
accumulated
contributions
as
of
the
16
effective
retirement
date
and
any
retirement
dividends
standing
17
to
the
member’s
credit
on
or
before
December
31,
1966,
to
the
18
annuity
tables
in
use
by
the
system
according
to
the
member’s
19
age
and
contingent
annuitant’s
age,
if
applicable.
20
Sec.
28.
Section
97B.49D,
subsection
1,
unnumbered
21
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
22
An
active
or
inactive
vested
member,
who
is
or
has
been
23
employed
in
both
special
service
and
regular
service,
who
24
retires
on
or
after
July
1,
1996,
with
four
or
more
completed
25
years
of
who
is
vested
by
service
,
and
who
at
the
time
of
26
retirement
is
at
least
fifty-five
years
of
age,
may
elect
27
to
receive,
in
lieu
of
the
receipt
of
a
monthly
retirement
28
allowance
as
calculated
pursuant
to
sections
97B.49A
through
29
97B.49C,
a
combined
monthly
retirement
allowance
equal
to
the
30
sum
of
the
following:
31
Sec.
29.
Section
97B.49D,
subsection
1,
paragraph
a,
Code
32
2009,
is
amended
to
read
as
follows:
33
a.
One-twelfth
of
an
amount
equal
to
the
applicable
34
percentage
of
the
member’s
three-year
final
average
covered
35
-14-
HF
2518
(7)
83
ec/sc/mb
14/
25
H.F.
2518
wage
multiplied
by
a
fraction
of
years
of
service.
The
1
fraction
of
years
of
service
for
purposes
of
this
paragraph
2
shall
be
the
actual
years
of
service,
not
to
exceed
thirty,
3
for
which
regular
service
contributions
were
made,
divided
by
4
thirty.
However,
any
otherwise
applicable
age
reduction
for
5
early
retirement
shall
apply
to
the
calculation
under
this
6
paragraph.
7
Sec.
30.
Section
97B.50,
subsection
1,
paragraphs
a
and
b,
8
Code
2009,
are
amended
to
read
as
follows:
9
a.
For
a
member
who
is
less
than
sixty-two
years
of
age
not
10
vested
on
June
30,
2012
,
by
twenty-five
hundredths
one-half
of
11
one
percent
per
month
for
each
month
that
the
early
retirement
12
date
precedes
the
normal
retirement
date
the
member
attains
age
13
sixty-five
.
14
b.
For
a
member
who
is
at
least
sixty-two
years
of
age
and
15
who
has
not
completed
twenty
years
of
membership
service
and
16
prior
service
vested
on
June
30,
2012
,
the
member’s
retirement
17
allowance
shall
be
reduced
as
follows:
18
(1)
For
that
portion
of
the
member’s
retirement
allowance
19
based
on
years
of
service
through
June
30,
2012,
by
twenty-five
20
hundredths
of
one
percent
per
month
for
each
month
that
the
21
early
retirement
date
precedes
the
member’s
earliest
normal
22
retirement
date
using
the
member’s
age
on
the
early
retirement
23
date
and
years
of
service
as
of
June
30,
2012
.
24
(2)
For
that
portion
of
the
member’s
retirement
allowance
25
based
on
years
of
service
after
June
30,
2012,
by
one-half
of
26
one
percent
per
month
for
each
month
that
the
early
retirement
27
date
precedes
the
date
the
member
attains
age
sixty-five.
28
Sec.
31.
Section
97B.50A,
subsection
2,
paragraph
c,
Code
29
2009,
is
amended
to
read
as
follows:
30
c.
(1)
Disease
under
this
subsection
shall
mean
heart
31
disease
or
any
disease
of
the
lungs
or
respiratory
tract
and
32
shall
be
presumed
to
have
been
contracted
while
on
active
duty
33
as
a
result
of
strain,
exposure,
or
the
inhalation
of
noxious
34
fumes,
poison,
or
gases.
35
-15-
HF
2518
(7)
83
ec/sc/mb
15/
25
H.F.
2518
(2)
Disease
under
this
subsection
shall
also
mean
cancer
1
or
infectious
disease,
as
defined
in
section
411.1,
and
shall
2
be
presumed
to
have
been
contracted
while
on
active
duty
as
a
3
result
of
that
duty.
4
(3)
However,
if
a
person’s
special
service
membership
in
5
the
retirement
system
first
commenced
on
or
after
July
1,
2000,
6
and
the
heart
disease
,
or
disease
of
the
lungs
or
respiratory
7
tract
,
cancer,
or
infectious
disease
would
not
exist,
but
8
for
a
medical
condition
that
was
known
to
exist
on
the
date
9
that
special
service
membership
commenced,
the
presumption
10
established
in
this
paragraph
“c”
shall
not
apply.
11
Sec.
32.
Section
97B.52,
subsection
1,
unnumbered
paragraph
12
1,
Code
2009,
is
amended
to
read
as
follows:
13
If
an
inactive
member,
with
at
least
sixteen
calendar
14
quarters
of
service
credit
who
is
vested
by
service
,
or
15
any
active
member
dies
prior
to
the
member’s
first
month
of
16
entitlement,
the
member’s
beneficiary
shall
be
entitled
to
17
receive
a
death
benefit
equal
to
the
greater
of
the
amount
18
provided
in
paragraph
“a”
or
“b”
.
If
an
inactive
member
with
19
less
than
sixteen
calendar
quarters
of
service
credit
who
is
20
not
vested
by
service
dies
prior
to
the
member’s
first
month
of
21
entitlement,
the
member’s
beneficiary
shall
only
be
entitled
22
to
receive
a
death
benefit,
as
a
lump
sum,
equal
to
the
amount
23
provided
in
paragraph
“a”
.
24
Sec.
33.
Section
97B.52A,
subsection
1,
paragraph
c,
Code
25
2009,
is
amended
to
read
as
follows:
26
c.
(1)
For
a
member
whose
first
month
of
entitlement
27
is
July
2000
or
later,
the
member
does
not
return
to
any
28
employment
with
a
covered
employer
until
the
member
has
29
qualified
for
at
least
one
calendar
month
of
retirement
30
benefits,
and
the
member
does
not
return
to
covered
employment
31
until
the
member
has
qualified
for
no
fewer
than
four
calendar
32
months
of
retirement
benefits.
33
(2)
For
purposes
of
determining
a
bona
fide
retirement
34
under
this
paragraph
“c”
,
effective
the
following
provisions
35
-16-
HF
2518
(7)
83
ec/sc/mb
16/
25
H.F.
2518
apply:
1
(a)
Effective
July
1,
2000,
any
employment
with
a
covered
2
employer
does
not
include
employment
as
an
elective
official
3
or
member
of
the
general
assembly
if
the
member
is
not
covered
4
under
this
chapter
for
that
employment.
5
(b)
For
purposes
of
determining
a
bona
fide
retirement
6
under
this
paragraph
and
for
a
member
whose
first
month
of
7
entitlement
is
July
2004
or
later,
but
before
July
2010
2012
,
8
covered
employment
does
not
include
employment
as
a
licensed
9
health
care
professional
by
a
public
hospital
as
defined
in
10
section
249J.3,
with
the
exception
of
public
hospitals
governed
11
pursuant
to
chapter
226.
12
(c)
Effective
May
25,
2008,
any
employment
with
a
covered
13
employer
does
not
include
noncovered
employment
as
a
member
of
14
the
national
guard
called
to
state
active
duty
as
defined
in
15
section
29A.1.
16
Sec.
34.
Section
97B.58,
Code
2009,
is
amended
to
read
as
17
follows:
18
97B.58
Information
furnished
by
employer.
19
To
enable
the
system
to
administer
this
chapter
and
perform
20
its
functions,
the
employer
shall,
upon
the
request
of
and
21
in
the
manner
provided
by
the
system,
supply
full
provide
22
accurate,
complete,
and
timely
information
to
the
system
of
23
all
matters
relating
to
the
pay
of
all
members,
date
of
birth,
24
their
retirement,
death,
or
other
cause
for
termination
of
25
employment,
and
other
pertinent
facts
the
system
may
require
26
in
the
manner
provided
by
the
system.
The
system
shall
not
be
27
liable
to
any
member,
retiree,
or
beneficiary
for
any
monetary
28
or
other
relief
due
to
the
failure
of
the
employer
to
comply
29
with
this
section.
30
Sec.
35.
2008
Iowa
Acts,
chapter
1171,
section
47,
is
31
amended
to
read
as
follows:
32
SEC.
47.
TRANSITION
PROVISION
——
REQUIRED
CONTRIBUTION
RATE
33
FOR
FISCAL
YEAR
2010-2011.
For
purposes
of
establishing
the
34
required
contribution
rate
for
the
fiscal
year
beginning
July
35
-17-
HF
2518
(7)
83
ec/sc/mb
17/
25
H.F.
2518
1,
2011,
as
provided
in
section
97B.11,
as
amended
in
this
Act,
1
the
required
contribution
rate
for
the
fiscal
year
beginning
2
July
1,
2010,
shall
be,
for
members
in
regular
service,
members
3
described
in
section
97B.49B,
and
members
described
in
section
4
97B.49C,
the
total
contribution
percentage
rate
paid
by
members
5
and
employers
of
that
membership
group
for
the
fiscal
year
6
beginning
July
1,
2010.
7
Sec.
36.
2009
Iowa
Acts,
chapter
170,
section
51,
8
subsections
1
and
3,
are
amended
to
read
as
follows:
9
1.
a.
Notwithstanding
any
provision
of
chapter
97B
to
the
10
contrary,
a
member
of
the
Iowa
public
employees’
retirement
11
system
who
has
an
employer-mandated
reduction
in
hours
or
12
an
employee-exercised
reduction
in
pay
but
remains
on
the
13
employer’s
payroll,
and
who
would
receive
a
reduction
in
the
14
member’s
three-year
average
covered
wage
as
a
result
of
the
15
reduction
in
hours,
may
have
the
member’s
retirement
allowance
16
calculated
based
on
the
three-year
average
covered
wage
the
17
member
would
have
received,
based
on
reasonable
assumptions,
18
if
the
member
had
not
been
subject
to
the
employer-mandated
19
reduction
in
hours
or
employee-exercised
reduction
in
pay
,
upon
20
payment
by
the
member
of
the
applicable
contribution
amount.
21
b.
For
purposes
of
this
section,
the
applicable
contribution
22
amount
unless
the
context
otherwise
requires:
23
(1)
“Applicable
contribution
amount”
is
an
amount
equal
to
24
the
employee
and
employer
contributions
that
would
have
been
25
paid
to
the
system
based
on
the
wages
that
the
member
would
26
have
received
but
for
the
employer-mandated
reduction
in
hours
27
or
employee-exercised
reduction
in
pay
and
would
have
been
28
included
in
the
member’s
three-year
average
covered
wage.
29
(2)
“Employee-exercised
reduction
in
pay”
means
a
reduction
30
in
pay
of
a
member
who
has
exercised
bumping
rights
by
31
accepting
a
lower-paid
position
in
order
to
avoid
being
laid
32
off
by
the
employer.
33
3.
This
section
shall
apply
to
employer-mandated
reductions
34
in
hours
or
employee-exercised
reductions
in
pay
during
35
-18-
HF
2518
(7)
83
ec/sc/mb
18/
25
H.F.
2518
the
period
of
time
beginning
on
or
after
January
1,
2009,
1
and
ending
no
later
than
June
30,
2010
2011
.
The
system
is
2
authorized
to
adopt
such
rules,
including
emergency
rules,
as
3
it
deems
necessary
or
prudent
to
implement
this
section.
4
Sec.
37.
IPERS
REGULAR
MEMBERS
——
FINAL
AVERAGE
COVERED
WAGE
5
——
JULY
1,
2010
THROUGH
JUNE
30,
2012.
Notwithstanding
any
6
provision
of
section
97B.1A,
subsection
10A,
as
enacted
by
this
7
division
of
this
Act,
to
the
contrary,
for
the
period
beginning
8
July
1,
2010,
and
ending
June
30,
2012,
“final
average
covered
9
wage”
means
the
member’s
three-year
average
covered
wage.
10
Sec.
38.
IPERS
REGULAR
MEMBERS
——
REQUIRED
CONTRIBUTION
11
RATE
FOR
FISCAL
YEAR
2011-2012.
Notwithstanding
any
provision
12
of
section
97B.11
to
the
contrary,
for
members
in
regular
13
service
as
defined
in
section
97B.1A,
the
required
contribution
14
rate
for
the
fiscal
year
beginning
July
1,
2011,
as
provided
15
in
section
97B.11,
shall
be
thirteen
and
forty-five
hundredths
16
percent.
17
Sec.
39.
EFFECTIVE
DATE.
The
section
of
this
division
of
18
this
Act
amending
section
97B.50
takes
effect
June
30,
2012.
19
Sec.
40.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
20
APPLICABILITY.
The
section
of
this
division
of
this
Act
21
enacting
section
97B.52A,
subsection
1,
paragraph
“c”
,
22
subparagraph
(2),
subparagraph
division
(c),
being
deemed
of
23
immediate
importance,
takes
effect
upon
enactment
and
applies
24
retroactively
to
May
25,
2008.
25
Sec.
41.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
26
APPLICABILITY.
The
section
of
this
division
of
this
Act
27
amending
2009
Iowa
Acts,
chapter
170,
section
51,
being
deemed
28
of
immediate
importance,
takes
effect
upon
enactment
and
29
applies
retroactively
to
January
1,
2009.
30
DIVISION
III
31
STATEWIDE
FIRE
AND
POLICE
32
RETIREMENT
SYSTEM
33
Sec.
42.
Section
8.59,
Code
2009,
is
amended
to
read
as
34
follows:
35
-19-
HF
2518
(7)
83
ec/sc/mb
19/
25
H.F.
2518
8.59
Appropriations
freeze.
1
Notwithstanding
contrary
provisions
of
the
Code,
the
amounts
2
appropriated
under
the
applicable
sections
of
the
Code
for
3
fiscal
years
commencing
on
or
after
July
1,
1993,
are
limited
4
to
those
amounts
expended
under
those
sections
for
the
fiscal
5
year
commencing
July
1,
1992.
If
an
applicable
section
6
appropriates
moneys
to
be
distributed
to
different
recipients
7
and
the
operation
of
this
section
reduces
the
total
amount
to
8
be
distributed
under
the
applicable
section,
the
moneys
shall
9
be
prorated
among
the
recipients.
As
used
in
this
section,
10
“applicable
sections”
means
sections
53.50,
229.35,
230.8,
11
230.11,
411.20
,
and
663.44.
12
Sec.
43.
Section
411.1,
subsection
22,
Code
Supplement
13
2009,
is
amended
to
read
as
follows:
14
22.
“Surviving
spouse”
shall
mean
the
surviving
spouse
of
a
15
deceased
member
from
active
service
.
Surviving
spouse
shall
16
include
a
former
spouse
only
if
the
division
of
assets
in
the
17
dissolution
of
marriage
decree
pursuant
to
section
598.17
18
grants
the
former
spouse
rights
of
a
spouse
under
this
chapter.
19
Sec.
44.
Section
411.5,
Code
2009,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
16.
Benefits
and
financing
review.
At
22
least
every
two
years,
the
board
shall
review
the
benefits
and
23
finances
provided
under
this
chapter.
The
board
shall
make
24
recommendations
to
the
general
assembly
concerning
this
review,
25
which
shall
include
recommendations
concerning
the
long-term
26
financing
and
benefits
policy
of
the
system.
27
Sec.
45.
Section
411.6,
subsection
3,
Code
Supplement
2009,
28
is
amended
to
read
as
follows:
29
3.
Ordinary
disability
retirement
benefit.
Upon
application
30
to
the
system,
of
a
member
in
good
standing
or
of
the
chief
31
of
the
police
or
fire
departments,
respectively,
any
member
32
in
good
standing
shall
be
retired
by
the
system,
not
less
33
than
thirty
and
not
more
than
ninety
days
next
following
the
34
date
of
filing
the
application,
on
an
ordinary
disability
35
-20-
HF
2518
(7)
83
ec/sc/mb
20/
25
H.F.
2518
retirement
allowance,
if
the
medical
board
after
a
medical
1
examination
of
the
member
certifies
that
the
member
is
mentally
2
or
physically
incapacitated
for
further
performance
of
duty,
3
that
the
incapacity
is
likely
to
be
permanent,
and
that
the
4
member
should
be
retired.
However,
if
a
person’s
membership
5
in
the
system
first
commenced
on
or
after
July
1,
1992,
the
6
member
shall
not
be
eligible
for
benefits
with
respect
to
a
7
disability
which
would
not
exist,
but
for
a
medical
condition
8
that
was
known
to
exist
on
the
date
that
membership
commenced.
9
A
medical
condition
shall
be
deemed
to
have
been
known
to
exist
10
on
the
date
that
membership
commenced
if
the
medical
condition
11
is
reflected
in
any
record
or
document
completed
or
obtained
12
in
accordance
with
the
system’s
medical
protocols
pursuant
to
13
section
400.8,
or
in
any
other
record
or
document
obtained
14
pursuant
to
an
application
for
disability
benefits
from
the
15
system,
if
such
record
or
document
existed
prior
to
the
date
16
membership
commenced.
A
member
who
is
denied
a
benefit
under
17
this
subsection,
by
reason
of
a
finding
by
the
medical
board
18
that
the
member
is
not
mentally
or
physically
incapacitated
19
for
the
further
performance
of
duty,
shall
be
entitled
to
20
be
restored
to
active
service
in
the
same
position
held
21
immediately
prior
to
the
application
for
disability
benefits.
22
The
member-in-good-standing
requirement
of
this
subsection
23
may
be
waived
for
good
cause
as
determined
by
the
board.
The
24
burden
of
establishing
good
cause
is
on
the
member.
25
Sec.
46.
Section
411.6,
subsection
8,
paragraph
c,
26
subparagraph
(1),
Code
Supplement
2009,
is
amended
to
read
as
27
follows:
28
(1)
The
spouse
,
regardless
of
whether
the
spouse
was
29
designated
by
the
member
to
the
system
as
the
member’s
30
beneficiary
.
31
Sec.
47.
Section
411.6,
subsection
8,
paragraph
d,
32
subparagraph
(1),
Code
Supplement
2009,
is
amended
to
read
as
33
follows:
34
(1)
To
the
member’s
surviving
spouse
,
unless
the
surviving
35
-21-
HF
2518
(7)
83
ec/sc/mb
21/
25
H.F.
2518
spouse
selected
the
pension
under
paragraph
“b”
.
1
Sec.
48.
Section
411.6B,
Code
2009,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
3.
a.
For
distributions
after
December
4
31,
2009,
a
nonspouse
beneficiary
who
is
a
designated
5
beneficiary
may
roll
over
all
or
any
portion
of
the
6
beneficiary’s
distribution
to
an
individual
retirement
account
7
the
beneficiary
establishes
for
purposes
of
receiving
the
8
distribution
by
means
of
a
direct
rollover.
In
order
to
9
qualify
for
a
rollover
under
this
subsection,
the
distribution
10
must
otherwise
satisfy
the
definition
of
an
eligible
11
rollover
distribution.
If
a
nonspouse
beneficiary
receives
a
12
distribution
from
the
system,
the
distribution
is
not
eligible
13
for
a
sixty-day
rollover.
14
b.
If
the
member’s
named
beneficiary
is
a
trust,
the
system
15
may
make
a
direct
rollover
to
an
individual
retirement
account
16
on
behalf
of
the
trust,
provided
the
trust
satisfies
the
17
requirements
to
be
a
designated
beneficiary
within
the
meaning
18
of
Internal
Revenue
Code
section
401(a)(9)(E).
19
c.
A
nonspouse
beneficiary
may
not
roll
over
an
amount
20
which
is
a
required
minimum
distribution,
as
determined
21
under
applicable
United
States
treasury
regulations
and
22
other
federal
Internal
Revenue
Service
guidance.
If
the
23
participant
dies
before
the
participant’s
required
beginning
24
date
and
the
nonspouse
beneficiary
rolls
over
to
an
individual
25
retirement
account
the
maximum
amount
eligible
for
rollover,
26
the
beneficiary
may
elect
to
use
either
the
five-year
rule
or
27
the
life
expectancy
rule,
pursuant
to
applicable
United
States
28
treasury
regulations
as
provided
in
26
C.F.R.
§
1.401(a)(9)-3,
29
in
determining
the
required
minimum
distributions
from
the
30
individual
retirement
account
that
receives
the
nonspouse
31
beneficiary’s
distribution.
32
Sec.
49.
Section
411.8,
subsection
1,
paragraph
b,
33
subparagraph
(1),
Code
Supplement
2009,
is
amended
to
read
as
34
follows:
35
-22-
HF
2518
(7)
83
ec/sc/mb
22/
25
H.F.
2518
(1)
On
the
basis
of
the
actuarial
methods
and
assumptions,
1
rate
of
interest,
and
of
the
mortality,
interest
and
other
2
tables
adopted
by
the
system,
the
actuary
engaged
by
the
system
3
to
make
each
valuation
required
by
this
chapter
pursuant
to
the
4
requirements
of
section
411.5,
shall
immediately
after
making
5
such
valuation,
determine
the
normal
contribution
rate.
Except
6
as
otherwise
provided
in
this
lettered
paragraph,
the
“normal
7
contribution
rate”
shall
be
the
rate
percent
of
the
earnable
8
compensation
of
all
members
equal
to
the
rate
required
by
the
9
system
to
discharge
its
liabilities,
stated
as
a
percentage
of
10
the
earnable
compensation
of
all
members,
and
reduced
by
the
11
employee
contribution
rate
provided
in
paragraph
“f”
of
this
12
subsection
and
the
contribution
rate
representing
the
any
state
13
appropriation
made
as
provided
in
section
411.20
.
However,
14
the
normal
contribution
rate
shall
not
be
less
than
seventeen
15
percent.
16
Sec.
50.
Section
411.9,
Code
2009,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
1A.
In
the
case
of
a
member’s
death
19
occurring
on
or
after
January
1,
2007,
if
the
member
dies
while
20
performing
qualified
military
service
as
defined
in
section
21
414(u)
of
the
Internal
Revenue
Code,
the
survivors
of
the
22
member
are
entitled
to
any
additional
benefits,
other
than
23
benefit
accruals
relating
to
the
period
of
qualified
military
24
service,
provided
by
the
system
as
if
the
member
had
resumed
25
membership
service
and
had
died
as
the
natural
and
proximate
26
result
of
an
injury
or
disease
incurred
in
or
aggravated
by
the
27
actual
performance
of
duty
at
some
definite
time
and
place.
28
Sec.
51.
Section
411.9,
Code
2009,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
1B.
For
years
beginning
after
December
31
31,
2008,
if
a
member
who
is
absent
while
serving
in
the
armed
32
services
of
the
United
States
is
receiving
a
differential
wage
33
payment,
as
defined
in
section
3401(h)(2)
of
the
Internal
34
Revenue
Code,
from
a
participating
city,
all
of
the
following
35
-23-
HF
2518
(7)
83
ec/sc/mb
23/
25
H.F.
2518
shall
apply:
1
a.
The
member
is
treated
as
an
employee
of
the
employer
2
making
the
payment
and
as
an
active
member
of
the
system.
3
b.
The
differential
wage
payment
is
treated
as
earnable
4
compensation
of
the
member.
5
c.
The
system
is
not
treated
as
failing
to
meet
the
6
requirements
of
any
provision
described
in
section
414(u)(1)(C)
7
of
the
Internal
Revenue
Code
by
reason
of
any
contribution
or
8
benefit
which
is
based
on
the
differential
wage
payment.
9
Sec.
52.
Section
411.37,
subsections
2
and
3,
Code
2009,
are
10
amended
to
read
as
follows:
11
2.
The
board
shall
include
in
the
transition
plan
or
other
12
transition
documents,
provisions
to
facilitate
continuity
under
13
sections
411.20
,
411.21
,
and
411.30
,
and
any
appropriations
to
14
the
system
from
the
state
.
15
3.
For
each
of
the
fiscal
years
beginning
July
1,
1990,
16
and
July
1,
1991,
ten
percent
of
the
amount
appropriated
by
17
the
state
for
distribution
to
cities
as
provided
in
section
18
411.20
shall
be
made
available
to
the
board
of
trustees
for
19
the
statewide
system
to
cover
the
administrative
costs
of
the
20
transition.
The
amount
distributed
to
each
city
shall
be
21
reduced
accordingly.
The
moneys
remaining
unencumbered
or
22
unexpended
at
the
end
of
the
fiscal
year
beginning
July
1,
23
1990,
and
the
moneys
remaining
unencumbered
or
unexpended
on
24
January
1,
1992,
shall
be
credited
to
the
cities
in
the
same
25
proportion
as
the
reduction.
26
Sec.
53.
REPEAL.
Section
411.20,
Code
2009,
is
repealed.
27
Sec.
54.
STATEWIDE
FIRE
AND
POLICE
RETIREMENT
SYSTEM
FUND
28
——
APPROPRIATIONS.
29
1.
There
is
appropriated
from
the
general
fund
of
the
state
30
for
deposit
in
the
statewide
fire
and
police
retirement
fund
31
created
in
section
411.8,
for
the
designated
fiscal
years,
the
32
following
amounts:
33
FY
2010-2011
...................................
$
1,500,000
34
FY
2011-2012
...................................
$
750,000
35
-24-
HF
2518
(7)
83
ec/sc/mb
24/
25
H.F.
2518
2.
Moneys
appropriated
by
the
state
pursuant
to
this
section
1
shall
not
be
used
to
reduce
the
normal
rate
of
contribution
of
2
any
city
below
17
percent.
3
Sec.
55.
STATEWIDE
FIRE
AND
POLICE
RETIREMENT
SYSTEM
——
4
BOARD
REPORT.
5
1.
The
board
of
trustees
of
the
statewide
fire
and
police
6
retirement
system
created
in
chapter
411,
as
enacted
by
7
this
division
of
this
Act,
shall
conduct
a
comprehensive
8
examination
of
the
benefits
and
finances
provided
under
chapter
9
411,
including
an
examination
of
the
long-term
financing
10
and
benefits
policy
of
the
system,
with
the
goal
of
making
11
recommendations
for
benefit
and
other
statutory
changes
to
the
12
system
that
will
maintain
an
adequate
retirement
for
members
at
13
a
reasonable
cost
to
members
and
employers.
14
2.
On
or
before
January
10,
2011,
the
board
shall
file
a
15
report
with
the
general
assembly
which
contains
the
results
16
of
the
comprehensive
examination
and
any
recommendations
for
17
benefit
or
other
statutory
changes
to
the
system.
18
Sec.
56.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
19
APPLICABILITY.
The
section
of
this
division
of
this
Act
20
enacting
section
411.9,
subsection
1A,
being
deemed
of
21
immediate
importance,
take
effect
upon
enactment
and
applies
22
retroactively
to
deaths
occurring
on
or
after
January
1,
2007.
23
Sec.
57.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
24
APPLICABILITY.
The
section
of
this
division
of
this
Act
25
enacting
section
411.9,
subsection
1B,
being
deemed
of
26
immediate
importance,
takes
effect
upon
enactment
and
applies
27
retroactively
to
years
beginning
after
December
31,
2008.
28
-25-
HF
2518
(7)
83
ec/sc/mb
25/
25