97A.6 BENEFITS.
1. Service retirement benefit. Retirement of a member on a
service retirement allowance shall be made by the board of trustees
as follows:
a. Any member in service may retire upon the member's written
application to the board of trustees, setting forth at what time, not
less than thirty nor more than ninety days subsequent to the
execution and filing therefor, the member desires to be retired,
provided that the said member at the time so specified for retirement
shall have attained the age of fifty-five and shall have completed
twenty-two years or more of creditable service, and notwithstanding
that, during such period of notification, the member may have
separated from the service. However, a member may retire at fifty
years of age and receive a reduced retirement allowance pursuant to
subsection 2A.
b. Any member in service who has been a member of the
retirement system four or more years and whose employment is
terminated prior to the member's retirement, other than by death or
disability, shall upon attaining retirement age, receive a service
retirement allowance of four twenty-seconds of the retirement
allowance the member would receive at retirement if the member's
employment had not been terminated, and an additional one
twenty-second of such retirement allowance for each additional year
of service not exceeding twenty-two years of service. The amount of
the retirement allowance shall be calculated in the manner provided
in this paragraph using the average final compensation at the time of
termination of employment.
c. Once a person commences receiving a service retirement
allowance pursuant to this section, if the person is reemployed, as
defined in section 97A.3, the service retirement allowance shall not
be recalculated based upon the person's reemployment.
2. Allowance on service retirement.a. Upon retirement from service prior to July 1, 1990, a
member shall receive a service retirement allowance which shall
consist of a pension which equals fifty percent of the member's
average final compensation.
b. Upon retirement from service on or after July 1, 1990, but
before July 1, 1992, a member shall receive a service retirement
allowance which shall consist of a pension which equals fifty-four
percent of the member's average final compensation.
c. Commencing July 1, 1992, but before July 1, 2000, the
board of trustees shall increase the percentage multiplier of the
member's average final compensation by an additional two percent each
July 1 until reaching sixty percent of the member's average final
compensation.
d. Upon retirement from service on or after July 1, 2000, a
member shall receive a service retirement allowance which shall
consist of a pension which equals sixty and one-half percent of the
member's average final compensation.
e. Commencing July 1, 1990, if the member has completed more
than twenty-two years of creditable service, the service retirement
allowance shall consist of a pension which equals the amount provided
in paragraph "b", "c", or "d", plus an additional
percentage as set forth below:
(1) For a member who terminates service, other than by death or
disability, on or after July 1, 1990, but before July 1, 1991, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added
three-tenths percent of the member's average final compensation for
each year of service over twenty-two years, excluding years of
service after the member's fifty-fifth birthday. However, this
subparagraph does not apply to more than eight additional years of
service.
(2) For a member who terminates service, other than by death or
disability, on or after July 1, 1991, but before October 16, 1992,
and who does not withdraw the member's contributions pursuant to
section 97A.16, upon the member's retirement there shall be added
six-tenths percent of the member's average final compensation for
each year of service over twenty-two years, excluding years of
service after the member's fifty-fifth birthday. However, this
subparagraph does not apply to more than eight additional years of
service.
(3) For a member who terminates service, other than by death or
disability, on or after October 16, 1992, but before July 1, 1996,
and who does not withdraw the member's contributions pursuant to
section 97A.16, upon the member's retirement there shall be added
six-tenths percent of the member's average final compensation for
each year of service over twenty-two years. However, this
subparagraph does not apply to more than eight additional years of
service.
(4) For a member who terminates service, other than by death or
disability, on or after July 1, 1996, but before July 1, 1998, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added one and
one-half percent of the member's average final compensation for each
year of service over twenty-two years. However, this subparagraph
does not apply to more than eight additional years of service.
(5) For a member who terminates service, other than by death or
disability, on or after July 1, 1998, but before July 1, 2000, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added one and
one-half percent of the member's average final compensation for each
year of service over twenty-two years. However, this subparagraph
does not apply to more than ten additional years of service.
(6) For a member who terminates service, other than by death or
disability, on or after July 1, 2000, and who does not withdraw the
member's contributions pursuant to section 97A.16, upon the member's
retirement there shall be added two and three-fourths percent of the
member's average final compensation for each year of service over
twenty-two years. However, this subparagraph does not apply to more
than ten additional years of service.
2A. Early retirement benefits.a. Notwithstanding the calculation of the service retirement
allowance under subsection 2, beginning July 1, 1996, a member who
has completed twenty-two years or more of creditable service and is
at least fifty years of age, but less than fifty-five years of age,
who has otherwise completed the requirements for retirement under
subsection 1, may retire and receive a reduced service retirement
allowance pursuant to this subsection. The service retirement
allowance for a member less than fifty-five years of age shall be
calculated in the manner prescribed in subsection 2, except that the
percentage multiplier of the member's average final compensation used
in the determination of the service retirement allowance shall be
reduced by the board of trustees pursuant to paragraph "b".
b. On July 1, 1996, and on each July 1 thereafter, the board
of trustees shall determine for the respective fiscal year the
percent by which the percentage multiplier under subsection 2 shall
be reduced for each month that a member's retirement date precedes
the member's fifty-fifth birthday. The board of trustees shall make
this determination based upon the most recent actuarial valuation of
the system, the calculation of the actuarial cost for each month of
retirement of a member prior to age fifty-five, and the premise that
the provision of a service retirement allowance to a member who is
less than fifty-five years of age will not result in any increase in
cost to the system.
3. Ordinary disability retirement benefit. Upon the
application of a member in service or of the commissioner of public
safety, any member shall be retired by the board of trustees, not
less than thirty and not more than ninety days next following the
date of filing such application, on an ordinary disability retirement
allowance, provided that the medical board after a medical
examination of such member shall certify that said member is mentally
or physically incapacitated for further performance of duty, that
such incapacity is likely to be permanent, and that such member
should be retired. However, if a person's membership in the system
first commenced on or after July 1, 1992, the member shall not be
eligible for benefits with respect to a disability which would not
exist, but for a medical condition that was known to exist on the
date that membership commenced. A member who is denied a benefit
under this subsection, by reason of a finding by the medical board
that the member is not mentally or physically incapacitated for the
further performance of duty, shall be entitled to be restored to
active service in the same position held immediately prior to the
application for disability benefits.
4. Allowance on ordinary disability retirement.a. Upon retirement for ordinary disability prior to July 1,
1998, a member shall receive an ordinary disability retirement
allowance which shall consist of a pension which shall equal fifty
percent of the member's average final compensation unless either of
the following conditions exist:
(1) If the member has not had five or more years of membership
service, the member shall receive a disability pension equal to
one-fourth of the member's average final compensation.
(2) If the member has had twenty-two or more years of membership
service, the member shall receive a disability retirement allowance
that is equal to the greater of the benefit that the member would
receive under subsection 2 if the member were fifty-five years of age
or the disability pension otherwise calculated under this subsection.
b. Upon retirement for ordinary disability on or after July
1, 1998, a member who has five or more years of membership service
shall receive a disability retirement allowance in an amount equal to
the greater of fifty percent of the member's average final
compensation or the retirement allowance that the member would
receive under subsection 2 if the member had attained fifty-five
years of age. A member who has less than five years of membership
service shall receive a pension equal to one-fourth of the member's
average final compensation.
5. Accidental disability benefit.a. Upon application of a member in service or of the
commissioner of public safety, any member who has become totally and
permanently incapacitated for duty as the natural and proximate
result of an injury, disease, or exposure occurring or aggravated
while in the actual performance of duty at some definite time and
place shall be retired by the board of trustees, provided that the
medical board shall certify that such member is mentally or
physically incapacitated for further performance of duty, that such
incapacity is likely to be permanent, and that such member should be
retired. However, if a person's membership in the system first
commenced on or after July 1, 1992, the member shall not be eligible
for benefits with respect to a disability which would not exist, but
for a medical condition that was known to exist on the date that
membership commenced. A member who is denied a benefit under this
subsection, by reason of a finding by the medical board that the
member is not mentally or physically incapacitated for the further
performance of duty, shall be entitled to be restored to active
service in the same position held immediately prior to the
application for disability benefits.
b. Should a member in service become incapacitated for duty
as a natural and proximate result of an injury, disease, or exposure
incurred or aggravated while in the actual performance of duty at
some definite time or place, the member shall, upon being found to be
temporarily incapacitated following an examination by the board of
trustees, be entitled to receive the member's fixed pay and
allowances, without using the member's sick leave, until reexamined
by the board and found to be fully recovered or permanently disabled.
In addition, a member found to be temporarily incapacitated under
this paragraph shall be credited with any sick leave used prior to
the determination that the member was temporarily incapacitated under
this paragraph for the period of time sick leave was used.
c. Disease under this section shall mean heart disease or any
disease of the lungs or respiratory tract and shall be presumed to
have been contracted while on active duty as a result of strain,
exposure, or the inhalation of noxious fumes, poison, or gases.
However, if a person's membership in the system first commenced on or
after July 1, 1992, and the heart disease or disease of the lungs or
respiratory tract would not exist, but for a medical condition that
was known to exist on the date that membership commenced, the
presumption established in this paragraph shall not apply.
6. Retirement after accident.
a. Upon retirement for accidental disability prior to July 1,
1990, a member shall receive an accidental disability retirement
allowance which shall consist of a pension equal to sixty-six and
two-thirds percent of the member's average final compensation.
b. Upon retirement for accidental disability on or after July
1, 1990, but before July 1, 1998, a member shall receive an
accidental disability retirement allowance which shall consist of a
pension equal to sixty percent of the member's average final
compensation. However, if the member has had twenty-two or more
years of membership service, the member shall receive a disability
retirement allowance that is equal to the greater of the retirement
allowance that the member would receive under subsection 2 if the
member were fifty-five years of age or the disability retirement
allowance calculated under this paragraph.
c. Upon retirement for accidental disability on or after July
1, 1998, a member shall receive an accidental disability retirement
allowance which shall consist of a pension in an amount equal to the
greater of sixty percent of the member's average final compensation
or the retirement allowance that the member would receive under
subsection 2 if the member had attained fifty-five years of age.
7. Reexamination of beneficiaries retired on account of
disability. Once each year during the first five years following
the retirement of a member on a disability retirement allowance, and
once in every three-year period thereafter, the board of trustees
may, and upon the member's application shall, require any disability
beneficiary who has not yet attained age fifty-five to undergo a
medical examination at a place designated by the medical board. Such
examination shall be made by the medical board or in special cases,
by an additional physician or physicians designated by such board.
Should any disability beneficiary who has not attained the age of
fifty-five refuse to submit to such medical examination, the
beneficiary's allowance may be discontinued until the beneficiary's
withdrawal of such refusal, and should the beneficiary's refusal
continue for one year all rights in and to the beneficiary's pension
may be revoked by the board of trustees.
a. (1) Should any beneficiary for either ordinary or
accidental disability, except a beneficiary who is fifty-five years
of age or over and would have completed twenty-two years of service
if the beneficiary had remained in active service, be engaged in a
gainful occupation paying more than the difference between the
member's net retirement allowance and one and one-half times the
current earnable compensation of an active member at the same
position on the salary scale within the member's rank as the member
held at retirement, then the amount of the retirement allowance shall
be reduced to an amount such that the member's net retirement
allowance plus the amount earned by the member shall equal one and
one-half times the amount of the current earnable compensation of an
active member at the same position on the salary scale within the
member's rank as the member held at retirement. Should the member's
earning capacity be later changed, the amount of the retirement
allowance may be further modified, provided that the new retirement
allowance shall not exceed the amount of the retirement allowance
originally granted adjusted by annual readjustments of pensions
pursuant to subsection 14 of this section nor an amount which would
cause the member's net retirement allowance, when added to the amount
earned by the beneficiary, to equal one and one-half times the amount
of the current earnable compensation of an active member at the same
position on the salary scale within the member's rank as the member
held at retirement. A beneficiary restored to active service at a
salary less than the average final compensation upon the basis of
which the member was retired at age fifty-five or greater, shall not
again become a member of the retirement system and shall have the
member's retirement allowance suspended while in active service. If
the rank or position held by the retired member is subsequently
abolished, adjustments to the allowable limit on the amount of income
which can be earned in a gainful occupation shall be computed in the
same manner as provided in subsection 14, paragraph "c", of this
section for readjustment of pensions when a rank or position has been
abolished. If the salary scale associated with a member's rank at
retirement is changed after the member retires, earnable compensation
for purposes of this section shall be based upon the salary an active
member currently would receive at the same rank and with seniority
equal to that of the retired member at the time of retirement. For
purposes of this paragraph, "net retirement allowance" means the
amount determined by subtracting the amount paid during the previous
calendar year by the beneficiary for health insurance or similar
health care coverage for the beneficiary and the beneficiary's
dependents from the amount of the member's retirement allowance paid
for that year pursuant to this chapter. The beneficiary shall submit
sufficient documentation to the board of trustees to permit the
system to determine the member's net retirement allowance for the
applicable year.
(2) A beneficiary retired under the provisions of this paragraph
in order to be eligible for continued receipt of retirement benefits
shall no later than May 15 of each year submit to the board of
trustees a copy of the beneficiary's state income tax return for the
preceding year.
(3) Retroactive to July 1, 1976, the limitations on pay of a
member engaged in a gainful occupation who is retired under
accidental disability prescribed in this paragraph shall not apply to
a member who retired before July 1, 1976.
b. Should a disability beneficiary under age fifty-five be
restored to active service at a compensation not less than the
disability beneficiary's average final compensation, the disability
beneficiary's retirement allowance shall cease, the disability
beneficiary shall again become a member and shall contribute
thereafter at the same rate payable by other members of comparable
rank, seniority, and age, and former service on the basis of which
the disability beneficiary's service was computed at the time of
retirement shall be restored to full force and effect. Upon
subsequent retirement the disability beneficiary shall be credited
with all service as a member, and also with the period of disability
retirement.
c. The commissioner of public safety may, subject to approval
of the medical board, assign any former member of the division of
state patrol or the division of criminal investigation or an arson
investigator who is retired and drawing a pension for disability
under the provisions of this chapter, to the performance of light
duties in such division.
d. Should a disability beneficiary under age fifty-five be
employed in a public safety occupation, the disability beneficiary's
retirement allowance shall cease. Notwithstanding any provision of
this chapter to the contrary, if a disability beneficiary is employed
in a public safety occupation that would otherwise constitute
membership service, the disability beneficiary shall not become a
member of the system. For purposes of this paragraph, "public
safety occupation" means a peace officer, as defined in section
97A.1; a protection occupation, as defined in section 97B.49B; a
sheriff or deputy sheriff as defined in section 97B.49C; and a police
officer or fire fighter as defined in section 411.1, who was not
restored to active service as provided by this subsection.
8. Ordinary death benefit.a. Upon the receipt of proof of the death of a member in
service, or a member not in service who has completed four or more
years of service as provided in subsection 1, paragraph "b",
there shall be paid to the person designated by the member to the
board of trustees as the member's beneficiary if the member has had
one or more years of membership service and no pension is payable
under subsection 9, an amount equal to fifty percent of the
compensation earned by the member during the year immediately
preceding the member's death if the member is in service, or an
amount equal to fifty percent of the compensation earned by the
member during the member's last year of service if the member is not
in service.
b. (1) In lieu of the payment specified in paragraph "a",
a beneficiary meeting the qualifications of paragraph "c" may
elect to receive a monthly pension equal to one-twelfth of forty
percent of the average final compensation of the member, but not less
than an amount equal to twenty-five percent of the monthly earnable
compensation paid to an active member having the rank of senior
patrol officer of the state patrol if the member was in service at
the time of death. For a member not in service at the time of death,
the pension shall be reduced as provided in subsection 1, paragraph
"b".
(2) For a member not in service at the time of death, the pension
shall be paid commencing when the member would have attained the age
of fifty-five except that if there is a child of the member, the
pension shall be paid commencing with the member's death until the
children reach the age of eighteen, or twenty-two if applicable. The
pension shall resume commencing when the member would have attained
the age of fifty-five.
(3) For a member in service at the time of death, the pension
shall be paid commencing with the member's death. In addition to the
pension, there shall also be paid for each child of a member, a
monthly pension equal to six percent of the monthly earnable
compensation payable to an active member having the rank of senior
patrol officer of the state patrol.
(4) For the purpose of this chapter, a senior patrol officer is a
person who has completed ten years of service in the state patrol.
(5) Notwithstanding section 97A.6, subsection 8, Code 1985,
effective July 1, 1990, for a member's surviving spouse who, prior to
July 1, 1986, elected to receive pension benefits under this
paragraph, the monthly pension benefit shall be equal to the higher
of one-twelfth of forty percent of the average final compensation of
the member, or the amount the surviving spouse was receiving on July
1, 1990.
c. The pension under paragraph "b" may be selected only
by the following beneficiaries:
(1) The spouse.
(2) If there is no spouse, or if the spouse dies and there is a
child of a member, then the guardian of the member's child or
children, divided as the board of trustees determines, to continue as
a joint and survivor pension until every child of the member dies or
attains the age of eighteen, or twenty-two if applicable.
(3) If there is no surviving spouse or child, then the member's
dependent father or mother, or both, as the board of trustees
determines, to continue until remarriage or death.
d. If there is no nomination of beneficiary, the benefits
provided in this subsection shall be paid to the member's estate.
9. Accidental death benefit. If, upon the receipt of
evidence and proof that the death of a member in service was the
natural and proximate result of an accident, disease, or exposure
occurring or aggravated at some definite time and place while the
member was in the actual performance of duty, the board of trustees
shall decide that death was so caused in the performance of duty
there shall be paid, in lieu of the ordinary death benefit provided
in subsection 8 of this section, to the member's estate or to such
person having an insurable interest in the member's life as the
member shall have nominated by written designation duly executed and
filed with the board of trustees:
a. A pension equal to one-half of the average final
compensation of such member shall be paid to the surviving spouse,
children or dependent parents as provided in paragraphs "c",
"d", and "e" of subsection 8 of this section.
b. If there is no surviving spouse, child, or dependent
parent surviving a deceased member, the death shall be treated as an
ordinary death case and the benefit payable under subsection 8,
paragraph "a" of this section, in lieu of the pension provided in
paragraph "a" of this subsection, shall be paid to the member's
estate.
c. In addition to the benefits for the surviving spouse
enumerated in this subsection, there shall also be paid for each
child of a member a monthly pension equal to six percent of the
monthly earnable compensation payable to an active member having the
rank of senior patrol officer of the state patrol.
10. Optional allowance. With the provision that no optional
selection shall be effective in case a beneficiary dies within thirty
days after retirement, in which event such a beneficiary shall be
considered as an active member at the time of death, until the first
payment on account of any benefit becomes normally due, any
beneficiary may elect to receive the beneficiary's benefit in a
retirement allowance payable throughout life, or may elect to receive
the actuarial equivalent at that time of the beneficiary's retirement
allowance in a lesser retirement allowance payable throughout life
with the provision that an amount in money not exceeding the amount
of the beneficiary's accumulated contributions shall be immediately
paid in cash to such member or some other benefit or benefits shall
be paid either to the member or to such person or persons as the
member shall nominate, provided such cash payment or other benefit or
benefits, together with the lesser retirement allowance, shall be
certified by the actuary to be of equivalent actuarial value to the
member's retirement allowance and shall be approved by the board of
trustees; provided, that a cash payment to such member or beneficiary
at the time of retirement of an amount not exceeding fifty percent of
the member's or beneficiary's accumulated contributions shall be made
by the board of trustees upon said member's or beneficiary's
election.
11. Pensions offset by compensation benefits. Any amounts
which may be paid or payable by the state under the provisions of any
workers' compensation or similar law to a member or to the dependents
of a member on account of any disability or death, shall be offset
against and payable in lieu of any benefits payable out of the
retirement fund provided by the state under the provisions of this
chapter on account of the same disability or death. In case the
present value of the total commuted benefits under said workers'
compensation or similar law is less than the present value of the
benefits otherwise payable from the retirement fund provided by the
state under this chapter, then the present value of the commuted
payments shall be deducted from the pension payable and such benefits
as may be provided by the system so reduced shall be payable under
the provisions of this chapter.
12. Pension to surviving spouse and children of deceased
pensioned members. In the event of the death of any member
receiving a retirement allowance under the provisions of subsections
2, 2A, 4, or 6 of this section there shall be paid a pension:
a. To the member's surviving spouse, equal to one-half the
amount received by the deceased beneficiary, but in no instance less
than an amount equal to twenty-five percent of the monthly earnable
compensation paid to an active member having the rank of senior
patrol officer of the state patrol, and in addition a monthly pension
equal to the monthly pension payable under subsection 9, paragraph
"c", of this section for each child under eighteen years of age
or twenty-two years of age if applicable; or
b. If the spouse dies either prior or subsequent to the death
of the member, to the guardian of each surviving child, a monthly
pension equal to the monthly pension payable under subsection 9,
paragraph "c", of this section for the support of the child.
13. Judicial review of action of the board of trustees.
Judicial review of any action of the board of trustees may be sought
in accordance with the terms of the Iowa administrative procedure
Act, chapter 17A. Notwithstanding the terms of the Iowa
administrative procedure Act, chapter 17A, the petition for judicial
review must be filed within thirty days after the member receives
written notice of the trustees' action. The board of trustees shall
be represented by the attorney general. An appeal may be taken by
the petitioner or the board of trustees to the supreme court of this
state irrespective of the amount involved.
14. Pensions payable. Pensions payable under this section
shall be adjusted as follows:
a. On each July 1 and January 1, the monthly pensions
authorized in this section payable to retired members and to
beneficiaries, except children of a deceased member, shall be
adjusted as provided in this paragraph. The monthly pension of each
retired member and each beneficiary shall be adjusted by adding to
that monthly pension an amount equal to the amounts determined in
subparagraphs (1) and (2). The adjusted monthly pension of a retired
member shall not be less than the amount which was paid at the time
of the member's retirement.
(1) (a) An amount equal to the difference between the monthly
earnable compensation payable to an active member of the department,
of the same rank and position on the salary scale as was held by the
retired or deceased member at the time of the member's retirement or
death, for the month for which the last preceding adjustment was made
and the monthly earnable compensation payable to an active member of
the department of the same rank and position on the salary scale for
the month for which the adjustment is made shall be multiplied by the
following applicable percentage:
(i) Forty percent for members receiving a service retirement
allowance and for beneficiaries receiving a pension under subsection
9 of this section.
(ii) Forty percent for members with five or more years of
membership service who are receiving an ordinary disability
retirement allowance.
(iii) Twenty-four percent for members with less than five years
of membership service who are receiving an ordinary disability
retirement allowance, and for beneficiaries receiving a pension under
subsection 8 of this section.
(iv) Forty percent for members receiving an accidental disability
allowance.
(b) The amount added to the monthly pension of a surviving spouse
receiving a pension under subsection 12, paragraph "a", of this
section shall be equal to one-half the amount that would have been
added to the monthly pension of the retired member under this
subparagraph.
(2) (a) For each adjustment occurring on July 1, the following
applicable amount determined as follows:
(i) Fifteen dollars where the member's retirement date was less
than five years prior to the effective date of the adjustment.
(ii) Twenty dollars where the member's retirement date was at
least five years, but less than ten years, prior to the effective
date of the adjustment.
(iii) Twenty-five dollars where the member's retirement date was
at least ten years, but less than fifteen years, prior to the
effective date of the adjustment.
(iv) Thirty dollars where the member's retirement date was at
least fifteen years, but less than twenty years, prior to the
effective date of the adjustment.
(v) Thirty-five dollars where the member's retirement date was at
least twenty years prior to the effective date of the adjustment.
(b) As of July 1 and January 1 of each year, the monthly pension
payable to each surviving child under the provisions of subsections
8, 9, and 12 of this section shall be adjusted to equal six percent
of the monthly earnable compensation payable in the month for which
the adjustment is made to an active member having the rank of senior
patrol officer of the state patrol.
b. All monthly pensions adjusted as provided in this
subsection shall be payable beginning on the first of the month in
which the adjustment is made and shall continue in effect until the
next following month in which an adjustment is made pursuant to this
subsection at which time the monthly pensions shall again be adjusted
in accordance with paragraph "a" of this subsection.
c. The adjustment of pensions required by this subsection
shall recognize the retired or deceased member's position on the
salary scale within the member's rank at the time of the member's
retirement or death. In the event that the rank or position held by
the retired or deceased member at the time of retirement or death is
subsequently abolished, adjustments in the pensions of the member or
of the member's spouse or children shall be computed by the board of
trustees as though such rank or position had not been abolished and
salary increases had been granted to such rank or position on the
same basis as increases granted to other ranks and positions in the
department.
d. A retired member eligible for benefits under the
provisions of subsection 1 is not eligible for the annual
readjustment of pensions provided in this subsection unless the
member served at least twenty-two years prior to the member's
termination of employment.
15. Remarriage of surviving spouse. Effective July 1, 1990,
for a member who died prior to July 1, 1988, if the member's
surviving spouse remarried prior to July 1, 1988, the remarriage does
not make the spouse ineligible under subsection 8, paragraph "c",
subparagraphs (1) and (2), to receive benefits under subsections 8,
9, 12, and 14.
16. Line of duty death benefit.a. If, upon the receipt of evidence and proof that the death
of a member in service was the direct and proximate result of a
traumatic personal injury incurred in the line of duty, the board of
trustees decides that death was so caused, there shall be paid, to a
person authorized to receive an accidental death benefit as provided
in subsection 9, the amount of one hundred thousand dollars, which
shall be payable in a lump sum.
b. A line of duty death benefit shall not be payable under
this subsection if any of the following applies:
(1) The death resulted from stress, strain, occupational illness,
or a chronic, progressive, or congenital illness, including, but not
limited to, a disease of the heart, lungs, or respiratory system,
unless a traumatic personal injury was a substantial contributing
factor to the member's death.
(2) The death was caused by the intentional misconduct of the
member or by the member's intent to cause the member's own death.
(3) The member was voluntarily intoxicated at the time of death.
(4) The member was performing the member's duties in a grossly
negligent manner at the time of death.
(5) An individual who would otherwise be entitled to a benefit
under this subsection was, through the individual's actions, a
substantial contributing factor to the member's death.
(6) The death qualifies for a volunteer emergency services
provider death benefit pursuant to section 100B.31.
97A.6 BENEFITS.
1. Service retirement benefit. Retirement of a member on a
service retirement allowance shall be made by the board of trustees
as follows:
a. Any member in service may retire upon the member's written
application to the board of trustees, setting forth at what time, not
less than thirty nor more than ninety days subsequent to the
execution and filing therefor, the member desires to be retired,
provided that the said member at the time so specified for retirement
shall have attained the age of fifty-five and shall have completed
twenty-two years or more of creditable service, and notwithstanding
that, during such period of notification, the member may have
separated from the service. However, a member may retire at fifty
years of age and receive a reduced retirement allowance pursuant to
subsection 2A.
b. Any member in service who has been a member of the
retirement system four or more years and whose employment is
terminated prior to the member's retirement, other than by death or
disability, shall upon attaining retirement age, receive a service
retirement allowance of four twenty-seconds of the retirement
allowance the member would receive at retirement if the member's
employment had not been terminated, and an additional one
twenty-second of such retirement allowance for each additional year
of service not exceeding twenty-two years of service. The amount of
the retirement allowance shall be calculated in the manner provided
in this paragraph using the average final compensation at the time of
termination of employment.
c. Once a person commences receiving a service retirement
allowance pursuant to this section, if the person is reemployed, as
defined in section 97A.3, the service retirement allowance shall not
be recalculated based upon the person's reemployment.
2. Allowance on service retirement.a. Upon retirement from service prior to July 1, 1990, a
member shall receive a service retirement allowance which shall
consist of a pension which equals fifty percent of the member's
average final compensation.
b. Upon retirement from service on or after July 1, 1990, but
before July 1, 1992, a member shall receive a service retirement
allowance which shall consist of a pension which equals fifty-four
percent of the member's average final compensation.
c. Commencing July 1, 1992, but before July 1, 2000, the
board of trustees shall increase the percentage multiplier of the
member's average final compensation by an additional two percent each
July 1 until reaching sixty percent of the member's average final
compensation.
d. Upon retirement from service on or after July 1, 2000, a
member shall receive a service retirement allowance which shall
consist of a pension which equals sixty and one-half percent of the
member's average final compensation.
e. Commencing July 1, 1990, if the member has completed more
than twenty-two years of creditable service, the service retirement
allowance shall consist of a pension which equals the amount provided
in paragraph "b", "c", or "d", plus an additional
percentage as set forth below:
(1) For a member who terminates service, other than by death or
disability, on or after July 1, 1990, but before July 1, 1991, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added
three-tenths percent of the member's average final compensation for
each year of service over twenty-two years, excluding years of
service after the member's fifty-fifth birthday. However, this
subparagraph does not apply to more than eight additional years of
service.
(2) For a member who terminates service, other than by death or
disability, on or after July 1, 1991, but before October 16, 1992,
and who does not withdraw the member's contributions pursuant to
section 97A.16, upon the member's retirement there shall be added
six-tenths percent of the member's average final compensation for
each year of service over twenty-two years, excluding years of
service after the member's fifty-fifth birthday. However, this
subparagraph does not apply to more than eight additional years of
service.
(3) For a member who terminates service, other than by death or
disability, on or after October 16, 1992, but before July 1, 1996,
and who does not withdraw the member's contributions pursuant to
section 97A.16, upon the member's retirement there shall be added
six-tenths percent of the member's average final compensation for
each year of service over twenty-two years. However, this
subparagraph does not apply to more than eight additional years of
service.
(4) For a member who terminates service, other than by death or
disability, on or after July 1, 1996, but before July 1, 1998, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added one and
one-half percent of the member's average final compensation for each
year of service over twenty-two years. However, this subparagraph
does not apply to more than eight additional years of service.
(5) For a member who terminates service, other than by death or
disability, on or after July 1, 1998, but before July 1, 2000, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added one and
one-half percent of the member's average final compensation for each
year of service over twenty-two years. However, this subparagraph
does not apply to more than ten additional years of service.
(6) For a member who terminates service, other than by death or
disability, on or after July 1, 2000, and who does not withdraw the
member's contributions pursuant to section 97A.16, upon the member's
retirement there shall be added two and three-fourths percent of the
member's average final compensation for each year of service over
twenty-two years. However, this subparagraph does not apply to more
than ten additional years of service.
2A. Early retirement benefits.a. Notwithstanding the calculation of the service retirement
allowance under subsection 2, beginning July 1, 1996, a member who
has completed twenty-two years or more of creditable service and is
at least fifty years of age, but less than fifty-five years of age,
who has otherwise completed the requirements for retirement under
subsection 1, may retire and receive a reduced service retirement
allowance pursuant to this subsection. The service retirement
allowance for a member less than fifty-five years of age shall be
calculated in the manner prescribed in subsection 2, except that the
percentage multiplier of the member's average final compensation used
in the determination of the service retirement allowance shall be
reduced by the board of trustees pursuant to paragraph "b".
b. On July 1, 1996, and on each July 1 thereafter, the board
of trustees shall determine for the respective fiscal year the
percent by which the percentage multiplier under subsection 2 shall
be reduced for each month that a member's retirement date precedes
the member's fifty-fifth birthday. The board of trustees shall make
this determination based upon the most recent actuarial valuation of
the system, the calculation of the actuarial cost for each month of
retirement of a member prior to age fifty-five, and the premise that
the provision of a service retirement allowance to a member who is
less than fifty-five years of age will not result in any increase in
cost to the system.
3. Ordinary disability retirement benefit. Upon the
application of a member in service or of the commissioner of public
safety, any member shall be retired by the board of trustees, not
less than thirty and not more than ninety days next following the
date of filing such application, on an ordinary disability retirement
allowance, provided that the medical board after a medical
examination of such member shall certify that said member is mentally
or physically incapacitated for further performance of duty, that
such incapacity is likely to be permanent, and that such member
should be retired. However, if a person's membership in the system
first commenced on or after July 1, 1992, the member shall not be
eligible for benefits with respect to a disability which would not
exist, but for a medical condition that was known to exist on the
date that membership commenced. A member who is denied a benefit
under this subsection, by reason of a finding by the medical board
that the member is not mentally or physically incapacitated for the
further performance of duty, shall be entitled to be restored to
active service in the same position held immediately prior to the
application for disability benefits.
4. Allowance on ordinary disability retirement.a. Upon retirement for ordinary disability prior to July 1,
1998, a member shall receive an ordinary disability retirement
allowance which shall consist of a pension which shall equal fifty
percent of the member's average final compensation unless either of
the following conditions exist:
(1) If the member has not had five or more years of membership
service, the member shall receive a disability pension equal to
one-fourth of the member's average final compensation.
(2) If the member has had twenty-two or more years of membership
service, the member shall receive a disability retirement allowance
that is equal to the greater of the benefit that the member would
receive under subsection 2 if the member were fifty-five years of age
or the disability pension otherwise calculated under this subsection.
b. Upon retirement for ordinary disability on or after July
1, 1998, a member who has five or more years of membership service
shall receive a disability retirement allowance in an amount equal to
the greater of fifty percent of the member's average final
compensation or the retirement allowance that the member would
receive under subsection 2 if the member had attained fifty-five
years of age. A member who has less than five years of membership
service shall receive a pension equal to one-fourth of the member's
average final compensation.
5. Accidental disability benefit.a. Upon application of a member in service or of the
commissioner of public safety, any member who has become totally and
permanently incapacitated for duty as the natural and proximate
result of an injury, disease, or exposure occurring or aggravated
while in the actual performance of duty at some definite time and
place shall be retired by the board of trustees, provided that the
medical board shall certify that such member is mentally or
physically incapacitated for further performance of duty, that such
incapacity is likely to be permanent, and that such member should be
retired. However, if a person's membership in the system first
commenced on or after July 1, 1992, the member shall not be eligible
for benefits with respect to a disability which would not exist, but
for a medical condition that was known to exist on the date that
membership commenced. A member who is denied a benefit under this
subsection, by reason of a finding by the medical board that the
member is not mentally or physically incapacitated for the further
performance of duty, shall be entitled to be restored to active
service in the same position held immediately prior to the
application for disability benefits.
b. Should a member in service become incapacitated for duty
as a natural and proximate result of an injury, disease, or exposure
incurred or aggravated while in the actual performance of duty at
some definite time or place, the member shall, upon being found to be
temporarily incapacitated following an examination by the board of
trustees, be entitled to receive the member's fixed pay and
allowances, without using the member's sick leave, until reexamined
by the board and found to be fully recovered or permanently disabled.
In addition, a member found to be temporarily incapacitated under
this paragraph shall be credited with any sick leave used prior to
the determination that the member was temporarily incapacitated under
this paragraph for the period of time sick leave was used.
c. Disease under this section shall mean heart disease or any
disease of the lungs or respiratory tract and shall be presumed to
have been contracted while on active duty as a result of strain,
exposure, or the inhalation of noxious fumes, poison, or gases.
However, if a person's membership in the system first commenced on or
after July 1, 1992, and the heart disease or disease of the lungs or
respiratory tract would not exist, but for a medical condition that
was known to exist on the date that membership commenced, the
presumption established in this paragraph shall not apply.
6. Retirement after accident.
a. Upon retirement for accidental disability prior to July 1,
1990, a member shall receive an accidental disability retirement
allowance which shall consist of a pension equal to sixty-six and
two-thirds percent of the member's average final compensation.
b. Upon retirement for accidental disability on or after July
1, 1990, but before July 1, 1998, a member shall receive an
accidental disability retirement allowance which shall consist of a
pension equal to sixty percent of the member's average final
compensation. However, if the member has had twenty-two or more
years of membership service, the member shall receive a disability
retirement allowance that is equal to the greater of the retirement
allowance that the member would receive under subsection 2 if the
member were fifty-five years of age or the disability retirement
allowance calculated under this paragraph.
c. Upon retirement for accidental disability on or after July
1, 1998, a member shall receive an accidental disability retirement
allowance which shall consist of a pension in an amount equal to the
greater of sixty percent of the member's average final compensation
or the retirement allowance that the member would receive under
subsection 2 if the member had attained fifty-five years of age.
7. Reexamination of beneficiaries retired on account of
disability. Once each year during the first five years following
the retirement of a member on a disability retirement allowance, and
once in every three-year period thereafter, the board of trustees
may, and upon the member's application shall, require any disability
beneficiary who has not yet attained age fifty-five to undergo a
medical examination at a place designated by the medical board. Such
examination shall be made by the medical board or in special cases,
by an additional physician or physicians designated by such board.
Should any disability beneficiary who has not attained the age of
fifty-five refuse to submit to such medical examination, the
beneficiary's allowance may be discontinued until the beneficiary's
withdrawal of such refusal, and should the beneficiary's refusal
continue for one year all rights in and to the beneficiary's pension
may be revoked by the board of trustees.
a. (1) Should any beneficiary for either ordinary or
accidental disability, except a beneficiary who is fifty-five years
of age or over and would have completed twenty-two years of service
if the beneficiary had remained in active service, be engaged in a
gainful occupation paying more than the difference between the
member's net retirement allowance and one and one-half times the
current earnable compensation of an active member at the same
position on the salary scale within the member's rank as the member
held at retirement, then the amount of the retirement allowance shall
be reduced to an amount such that the member's net retirement
allowance plus the amount earned by the member shall equal one and
one-half times the amount of the current earnable compensation of an
active member at the same position on the salary scale within the
member's rank as the member held at retirement. Should the member's
earning capacity be later changed, the amount of the retirement
allowance may be further modified, provided that the new retirement
allowance shall not exceed the amount of the retirement allowance
originally granted adjusted by annual readjustments of pensions
pursuant to subsection 14 of this section nor an amount which would
cause the member's net retirement allowance, when added to the amount
earned by the beneficiary, to equal one and one-half times the amount
of the current earnable compensation of an active member at the same
position on the salary scale within the member's rank as the member
held at retirement. A beneficiary restored to active service at a
salary less than the average final compensation upon the basis of
which the member was retired at age fifty-five or greater, shall not
again become a member of the retirement system and shall have the
member's retirement allowance suspended while in active service. If
the rank or position held by the retired member is subsequently
abolished, adjustments to the allowable limit on the amount of income
which can be earned in a gainful occupation shall be computed in the
same manner as provided in subsection 14, paragraph "c", of this
section for readjustment of pensions when a rank or position has been
abolished. If the salary scale associated with a member's rank at
retirement is changed after the member retires, earnable compensation
for purposes of this section shall be based upon the salary an active
member currently would receive at the same rank and with seniority
equal to that of the retired member at the time of retirement. For
purposes of this paragraph, "net retirement allowance" means the
amount determined by subtracting the amount paid during the previous
calendar year by the beneficiary for health insurance or similar
health care coverage for the beneficiary and the beneficiary's
dependents from the amount of the member's retirement allowance paid
for that year pursuant to this chapter. The beneficiary shall submit
sufficient documentation to the board of trustees to permit the
system to determine the member's net retirement allowance for the
applicable year.
(2) A beneficiary retired under the provisions of this paragraph
in order to be eligible for continued receipt of retirement benefits
shall no later than May 15 of each year submit to the board of
trustees a copy of the beneficiary's state income tax return for the
preceding year.
(3) Retroactive to July 1, 1976, the limitations on pay of a
member engaged in a gainful occupation who is retired under
accidental disability prescribed in this paragraph shall not apply to
a member who retired before July 1, 1976.
b. Should a disability beneficiary under age fifty-five be
restored to active service at a compensation not less than the
disability beneficiary's average final compensation, the disability
beneficiary's retirement allowance shall cease, the disability
beneficiary shall again become a member and shall contribute
thereafter at the same rate payable by other members of comparable
rank, seniority, and age, and former service on the basis of which
the disability beneficiary's service was computed at the time of
retirement shall be restored to full force and effect. Upon
subsequent retirement the disability beneficiary shall be credited
with all service as a member, and also with the period of disability
retirement.
c. The commissioner of public safety may, subject to approval
of the medical board, assign any former member of the division of
state patrol or the division of criminal investigation or an arson
investigator who is retired and drawing a pension for disability
under the provisions of this chapter, to the performance of light
duties in such division.
d. Should a disability beneficiary under age fifty-five be
employed in a public safety occupation, the disability beneficiary's
retirement allowance shall cease. Notwithstanding any provision of
this chapter to the contrary, if a disability beneficiary is employed
in a public safety occupation that would otherwise constitute
membership service, the disability beneficiary shall not become a
member of the system. For purposes of this paragraph, "public
safety occupation" means a peace officer, as defined in section
97A.1; a protection occupation, as defined in section 97B.49B; a
sheriff or deputy sheriff as defined in section 97B.49C; and a police
officer or fire fighter as defined in section 411.1, who was not
restored to active service as provided by this subsection.
8. Ordinary death benefit.a. Upon the receipt of proof of the death of a member in
service, or a member not in service who has completed four or more
years of service as provided in subsection 1, paragraph "b",
there shall be paid to the person designated by the member to the
board of trustees as the member's beneficiary if the member has had
one or more years of membership service and no pension is payable
under subsection 9, an amount equal to fifty percent of the
compensation earned by the member during the year immediately
preceding the member's death if the member is in service, or an
amount equal to fifty percent of the compensation earned by the
member during the member's last year of service if the member is not
in service.
b. (1) In lieu of the payment specified in paragraph "a",
a beneficiary meeting the qualifications of paragraph "c" may
elect to receive a monthly pension equal to one-twelfth of forty
percent of the average final compensation of the member, but not less
than an amount equal to twenty-five percent of the monthly earnable
compensation paid to an active member having the rank of senior
patrol officer of the state patrol if the member was in service at
the time of death. For a member not in service at the time of death,
the pension shall be reduced as provided in subsection 1, paragraph
"b".
(2) For a member not in service at the time of death, the pension
shall be paid commencing when the member would have attained the age
of fifty-five except that if there is a child of the member, the
pension shall be paid commencing with the member's death until the
children reach the age of eighteen, or twenty-two if applicable. The
pension shall resume commencing when the member would have attained
the age of fifty-five.
(3) For a member in service at the time of death, the pension
shall be paid commencing with the member's death. In addition to the
pension, there shall also be paid for each child of a member, a
monthly pension equal to six percent of the monthly earnable
compensation payable to an active member having the rank of senior
patrol officer of the state patrol.
(4) For the purpose of this chapter, a senior patrol officer is a
person who has completed ten years of service in the state patrol.
(5) Notwithstanding section 97A.6, subsection 8, Code 1985,
effective July 1, 1990, for a member's surviving spouse who, prior to
July 1, 1986, elected to receive pension benefits under this
paragraph, the monthly pension benefit shall be equal to the higher
of one-twelfth of forty percent of the average final compensation of
the member, or the amount the surviving spouse was receiving on July
1, 1990.
c. The pension under paragraph "b" may be selected only
by the following beneficiaries:
(1) The spouse.
(2) If there is no spouse, or if the spouse dies and there is a
child of a member, then the guardian of the member's child or
children, divided as the board of trustees determines, to continue as
a joint and survivor pension until every child of the member dies or
attains the age of eighteen, or twenty-two if applicable.
(3) If there is no surviving spouse or child, then the member's
dependent father or mother, or both, as the board of trustees
determines, to continue until remarriage or death.
d. If there is no nomination of beneficiary, the benefits
provided in this subsection shall be paid to the member's estate.
9. Accidental death benefit. If, upon the receipt of
evidence and proof that the death of a member in service was the
natural and proximate result of an accident, disease, or exposure
occurring or aggravated at some definite time and place while the
member was in the actual performance of duty, the board of trustees
shall decide that death was so caused in the performance of duty
there shall be paid, in lieu of the ordinary death benefit provided
in subsection 8 of this section, to the member's estate or to such
person having an insurable interest in the member's life as the
member shall have nominated by written designation duly executed and
filed with the board of trustees:
a. A pension equal to one-half of the average final
compensation of such member shall be paid to the surviving spouse,
children or dependent parents as provided in paragraphs "c",
"d", and "e" of subsection 8 of this section.
b. If there is no surviving spouse, child, or dependent
parent surviving a deceased member, the death shall be treated as an
ordinary death case and the benefit payable under subsection 8,
paragraph "a" of this section, in lieu of the pension provided in
paragraph "a" of this subsection, shall be paid to the member's
estate.
c. In addition to the benefits for the surviving spouse
enumerated in this subsection, there shall also be paid for each
child of a member a monthly pension equal to six percent of the
monthly earnable compensation payable to an active member having the
rank of senior patrol officer of the state patrol.
10. Optional allowance. With the provision that no optional
selection shall be effective in case a beneficiary dies within thirty
days after retirement, in which event such a beneficiary shall be
considered as an active member at the time of death, until the first
payment on account of any benefit becomes normally due, any
beneficiary may elect to receive the beneficiary's benefit in a
retirement allowance payable throughout life, or may elect to receive
the actuarial equivalent at that time of the beneficiary's retirement
allowance in a lesser retirement allowance payable throughout life
with the provision that an amount in money not exceeding the amount
of the beneficiary's accumulated contributions shall be immediately
paid in cash to such member or some other benefit or benefits shall
be paid either to the member or to such person or persons as the
member shall nominate, provided such cash payment or other benefit or
benefits, together with the lesser retirement allowance, shall be
certified by the actuary to be of equivalent actuarial value to the
member's retirement allowance and shall be approved by the board of
trustees; provided, that a cash payment to such member or beneficiary
at the time of retirement of an amount not exceeding fifty percent of
the member's or beneficiary's accumulated contributions shall be made
by the board of trustees upon said member's or beneficiary's
election.
11. Pensions offset by compensation benefits. Any amounts
which may be paid or payable by the state under the provisions of any
workers' compensation or similar law to a member or to the dependents
of a member on account of any disability or death, shall be offset
against and payable in lieu of any benefits payable out of the
retirement fund provided by the state under the provisions of this
chapter on account of the same disability or death. In case the
present value of the total commuted benefits under said workers'
compensation or similar law is less than the present value of the
benefits otherwise payable from the retirement fund provided by the
state under this chapter, then the present value of the commuted
payments shall be deducted from the pension payable and such benefits
as may be provided by the system so reduced shall be payable under
the provisions of this chapter.
12. Pension to surviving spouse and children of deceased
pensioned members. In the event of the death of any member
receiving a retirement allowance under the provisions of subsections
2, 2A, 4, or 6 of this section there shall be paid a pension:
a. To the member's surviving spouse, equal to one-half the
amount received by the deceased beneficiary, but in no instance less
than an amount equal to twenty-five percent of the monthly earnable
compensation paid to an active member having the rank of senior
patrol officer of the state patrol, and in addition a monthly pension
equal to the monthly pension payable under subsection 9, paragraph
"c", of this section for each child under eighteen years of age
or twenty-two years of age if applicable; or
b. If the spouse dies either prior or subsequent to the death
of the member, to the guardian of each surviving child, a monthly
pension equal to the monthly pension payable under subsection 9,
paragraph "c", of this section for the support of the child.
13. Judicial review of action of the board of trustees.
Judicial review of any action of the board of trustees may be sought
in accordance with the terms of the Iowa administrative procedure
Act, chapter 17A. Notwithstanding the terms of the Iowa
administrative procedure Act, chapter 17A, the petition for judicial
review must be filed within thirty days after the member receives
written notice of the trustees' action. The board of trustees shall
be represented by the attorney general. An appeal may be taken by
the petitioner or the board of trustees to the supreme court of this
state irrespective of the amount involved.
14. Pensions payable. Pensions payable under this section
shall be adjusted as follows:
a. On each July 1 and January 1, the monthly pensions
authorized in this section payable to retired members and to
beneficiaries, except children of a deceased member, shall be
adjusted as provided in this paragraph. The monthly pension of each
retired member and each beneficiary shall be adjusted by adding to
that monthly pension an amount equal to the amounts determined in
subparagraphs (1) and (2). The adjusted monthly pension of a retired
member shall not be less than the amount which was paid at the time
of the member's retirement.
(1) (a) An amount equal to the difference between the monthly
earnable compensation payable to an active member of the department,
of the same rank and position on the salary scale as was held by the
retired or deceased member at the time of the member's retirement or
death, for the month for which the last preceding adjustment was made
and the monthly earnable compensation payable to an active member of
the department of the same rank and position on the salary scale for
the month for which the adjustment is made shall be multiplied by the
following applicable percentage:
(i) Forty percent for members receiving a service retirement
allowance and for beneficiaries receiving a pension under subsection
9 of this section.
(ii) Forty percent for members with five or more years of
membership service who are receiving an ordinary disability
retirement allowance.
(iii) Twenty-four percent for members with less than five years
of membership service who are receiving an ordinary disability
retirement allowance, and for beneficiaries receiving a pension under
subsection 8 of this section.
(iv) Forty percent for members receiving an accidental disability
allowance.
(b) The amount added to the monthly pension of a surviving spouse
receiving a pension under subsection 12, paragraph "a", of this
section shall be equal to one-half the amount that would have been
added to the monthly pension of the retired member under this
subparagraph.
(2) (a) For each adjustment occurring on July 1, the following
applicable amount determined as follows:
(i) Fifteen dollars where the member's retirement date was less
than five years prior to the effective date of the adjustment.
(ii) Twenty dollars where the member's retirement date was at
least five years, but less than ten years, prior to the effective
date of the adjustment.
(iii) Twenty-five dollars where the member's retirement date was
at least ten years, but less than fifteen years, prior to the
effective date of the adjustment.
(iv) Thirty dollars where the member's retirement date was at
least fifteen years, but less than twenty years, prior to the
effective date of the adjustment.
(v) Thirty-five dollars where the member's retirement date was at
least twenty years prior to the effective date of the adjustment.
(b) As of July 1 and January 1 of each year, the monthly pension
payable to each surviving child under the provisions of subsections
8, 9, and 12 of this section shall be adjusted to equal six percent
of the monthly earnable compensation payable in the month for which
the adjustment is made to an active member having the rank of senior
patrol officer of the state patrol.
b. All monthly pensions adjusted as provided in this
subsection shall be payable beginning on the first of the month in
which the adjustment is made and shall continue in effect until the
next following month in which an adjustment is made pursuant to this
subsection at which time the monthly pensions shall again be adjusted
in accordance with paragraph "a" of this subsection.
c. The adjustment of pensions required by this subsection
shall recognize the retired or deceased member's position on the
salary scale within the member's rank at the time of the member's
retirement or death. In the event that the rank or position held by
the retired or deceased member at the time of retirement or death is
subsequently abolished, adjustments in the pensions of the member or
of the member's spouse or children shall be computed by the board of
trustees as though such rank or position had not been abolished and
salary increases had been granted to such rank or position on the
same basis as increases granted to other ranks and positions in the
department.
d. A retired member eligible for benefits under the
provisions of subsection 1 is not eligible for the annual
readjustment of pensions provided in this subsection unless the
member served at least twenty-two years prior to the member's
termination of employment.
15. Remarriage of surviving spouse. Effective July 1, 1990,
for a member who died prior to July 1, 1988, if the member's
surviving spouse remarried prior to July 1, 1988, the remarriage does
not make the spouse ineligible under subsection 8, paragraph "c",
subparagraphs (1) and (2), to receive benefits under subsections 8,
9, 12, and 14.
16. Line of duty death benefit.a. If, upon the receipt of evidence and proof that the death
of a member in service was the direct and proximate result of a
traumatic personal injury incurred in the line of duty, the board of
trustees decides that death was so caused, there shall be paid, to a
person authorized to receive an accidental death benefit as provided
in subsection 9, the amount of one hundred thousand dollars, which
shall be payable in a lump sum.
b. A line of duty death benefit shall not be payable under
this subsection if any of the following applies:
(1) The death resulted from stress, strain, occupational illness,
or a chronic, progressive, or congenital illness, including, but not
limited to, a disease of the heart, lungs, or respiratory system,
unless a traumatic personal injury was a substantial contributing
factor to the member's death.
(2) The death was caused by the intentional misconduct of the
member or by the member's intent to cause the member's own death.
(3) The member was voluntarily intoxicated at the time of death.
(4) The member was performing the member's duties in a grossly
negligent manner at the time of death.
(5) An individual who would otherwise be entitled to a benefit
under this subsection was, through the individual's actions, a
substantial contributing factor to the member's death.
(6) The death qualifies for a volunteer emergency services
provider death benefit pursuant to section 100B.31.
97A.6 BENEFITS.
1. Service retirement benefit. Retirement of a member on a
service retirement allowance shall be made by the board of trustees
as follows:
a. Any member in service may retire upon the member's written
application to the board of trustees, setting forth at what time, not
less than thirty nor more than ninety days subsequent to the
execution and filing therefor, the member desires to be retired,
provided that the said member at the time so specified for retirement
shall have attained the age of fifty-five and shall have completed
twenty-two years or more of creditable service, and notwithstanding
that, during such period of notification, the member may have
separated from the service. However, a member may retire at fifty
years of age and receive a reduced retirement allowance pursuant to
subsection 2A.
b. Any member in service who has been a member of the
retirement system four or more years and whose employment is
terminated prior to the member's retirement, other than by death or
disability, shall upon attaining retirement age, receive a service
retirement allowance of four twenty-seconds of the retirement
allowance the member would receive at retirement if the member's
employment had not been terminated, and an additional one
twenty-second of such retirement allowance for each additional year
of service not exceeding twenty-two years of service. The amount of
the retirement allowance shall be calculated in the manner provided
in this paragraph using the average final compensation at the time of
termination of employment.
c. Once a person commences receiving a service retirement
allowance pursuant to this section, if the person is reemployed, as
defined in section 97A.3, the service retirement allowance shall not
be recalculated based upon the person's reemployment.
2. Allowance on service retirement.a. Upon retirement from service prior to July 1, 1990, a
member shall receive a service retirement allowance which shall
consist of a pension which equals fifty percent of the member's
average final compensation.
b. Upon retirement from service on or after July 1, 1990, but
before July 1, 1992, a member shall receive a service retirement
allowance which shall consist of a pension which equals fifty-four
percent of the member's average final compensation.
c. Commencing July 1, 1992, but before July 1, 2000, the
board of trustees shall increase the percentage multiplier of the
member's average final compensation by an additional two percent each
July 1 until reaching sixty percent of the member's average final
compensation.
d. Upon retirement from service on or after July 1, 2000, a
member shall receive a service retirement allowance which shall
consist of a pension which equals sixty and one-half percent of the
member's average final compensation.
e. Commencing July 1, 1990, if the member has completed more
than twenty-two years of creditable service, the service retirement
allowance shall consist of a pension which equals the amount provided
in paragraph "b", "c", or "d", plus an additional
percentage as set forth below:
(1) For a member who terminates service, other than by death or
disability, on or after July 1, 1990, but before July 1, 1991, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added
three-tenths percent of the member's average final compensation for
each year of service over twenty-two years, excluding years of
service after the member's fifty-fifth birthday. However, this
subparagraph does not apply to more than eight additional years of
service.
(2) For a member who terminates service, other than by death or
disability, on or after July 1, 1991, but before October 16, 1992,
and who does not withdraw the member's contributions pursuant to
section 97A.16, upon the member's retirement there shall be added
six-tenths percent of the member's average final compensation for
each year of service over twenty-two years, excluding years of
service after the member's fifty-fifth birthday. However, this
subparagraph does not apply to more than eight additional years of
service.
(3) For a member who terminates service, other than by death or
disability, on or after October 16, 1992, but before July 1, 1996,
and who does not withdraw the member's contributions pursuant to
section 97A.16, upon the member's retirement there shall be added
six-tenths percent of the member's average final compensation for
each year of service over twenty-two years. However, this
subparagraph does not apply to more than eight additional years of
service.
(4) For a member who terminates service, other than by death or
disability, on or after July 1, 1996, but before July 1, 1998, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added one and
one-half percent of the member's average final compensation for each
year of service over twenty-two years. However, this subparagraph
does not apply to more than eight additional years of service.
(5) For a member who terminates service, other than by death or
disability, on or after July 1, 1998, but before July 1, 2000, and
who does not withdraw the member's contributions pursuant to section
97A.16, upon the member's retirement there shall be added one and
one-half percent of the member's average final compensation for each
year of service over twenty-two years. However, this subparagraph
does not apply to more than ten additional years of service.
(6) For a member who terminates service, other than by death or
disability, on or after July 1, 2000, and who does not withdraw the
member's contributions pursuant to section 97A.16, upon the member's
retirement there shall be added two and three-fourths percent of the
member's average final compensation for each year of service over
twenty-two years. However, this subparagraph does not apply to more
than ten additional years of service.
2A. Early retirement benefits.a. Notwithstanding the calculation of the service retirement
allowance under subsection 2, beginning July 1, 1996, a member who
has completed twenty-two years or more of creditable service and is
at least fifty years of age, but less than fifty-five years of age,
who has otherwise completed the requirements for retirement under
subsection 1, may retire and receive a reduced service retirement
allowance pursuant to this subsection. The service retirement
allowance for a member less than fifty-five years of age shall be
calculated in the manner prescribed in subsection 2, except that the
percentage multiplier of the member's average final compensation used
in the determination of the service retirement allowance shall be
reduced by the board of trustees pursuant to paragraph "b".
b. On July 1, 1996, and on each July 1 thereafter, the board
of trustees shall determine for the respective fiscal year the
percent by which the percentage multiplier under subsection 2 shall
be reduced for each month that a member's retirement date precedes
the member's fifty-fifth birthday. The board of trustees shall make
this determination based upon the most recent actuarial valuation of
the system, the calculation of the actuarial cost for each month of
retirement of a member prior to age fifty-five, and the premise that
the provision of a service retirement allowance to a member who is
less than fifty-five years of age will not result in any increase in
cost to the system.
3. Ordinary disability retirement benefit. Upon the
application of a member in service or of the commissioner of public
safety, any member shall be retired by the board of trustees, not
less than thirty and not more than ninety days next following the
date of filing such application, on an ordinary disability retirement
allowance, provided that the medical board after a medical
examination of such member shall certify that said member is mentally
or physically incapacitated for further performance of duty, that
such incapacity is likely to be permanent, and that such member
should be retired. However, if a person's membership in the system
first commenced on or after July 1, 1992, the member shall not be
eligible for benefits with respect to a disability which would not
exist, but for a medical condition that was known to exist on the
date that membership commenced. A member who is denied a benefit
under this subsection, by reason of a finding by the medical board
that the member is not mentally or physically incapacitated for the
further performance of duty, shall be entitled to be restored to
active service in the same position held immediately prior to the
application for disability benefits.
4. Allowance on ordinary disability retirement.a. Upon retirement for ordinary disability prior to July 1,
1998, a member shall receive an ordinary disability retirement
allowance which shall consist of a pension which shall equal fifty
percent of the member's average final compensation unless either of
the following conditions exist:
(1) If the member has not had five or more years of membership
service, the member shall receive a disability pension equal to
one-fourth of the member's average final compensation.
(2) If the member has had twenty-two or more years of membership
service, the member shall receive a disability retirement allowance
that is equal to the greater of the benefit that the member would
receive under subsection 2 if the member were fifty-five years of age
or the disability pension otherwise calculated under this subsection.
b. Upon retirement for ordinary disability on or after July
1, 1998, a member who has five or more years of membership service
shall receive a disability retirement allowance in an amount equal to
the greater of fifty percent of the member's average final
compensation or the retirement allowance that the member would
receive under subsection 2 if the member had attained fifty-five
years of age. A member who has less than five years of membership
service shall receive a pension equal to one-fourth of the member's
average final compensation.
5. Accidental disability benefit.a. Upon application of a member in service or of the
commissioner of public safety, any member who has become totally and
permanently incapacitated for duty as the natural and proximate
result of an injury, disease, or exposure occurring or aggravated
while in the actual performance of duty at some definite time and
place shall be retired by the board of trustees, provided that the
medical board shall certify that such member is mentally or
physically incapacitated for further performance of duty, that such
incapacity is likely to be permanent, and that such member should be
retired. However, if a person's membership in the system first
commenced on or after July 1, 1992, the member shall not be eligible
for benefits with respect to a disability which would not exist, but
for a medical condition that was known to exist on the date that
membership commenced. A member who is denied a benefit under this
subsection, by reason of a finding by the medical board that the
member is not mentally or physically incapacitated for the further
performance of duty, shall be entitled to be restored to active
service in the same position held immediately prior to the
application for disability benefits.
b. Should a member in service become incapacitated for duty
as a natural and proximate result of an injury, disease, or exposure
incurred or aggravated while in the actual performance of duty at
some definite time or place, the member shall, upon being found to be
temporarily incapacitated following an examination by the board of
trustees, be entitled to receive the member's fixed pay and
allowances, without using the member's sick leave, until reexamined
by the board and found to be fully recovered or permanently disabled.
In addition, a member found to be temporarily incapacitated under
this paragraph shall be credited with any sick leave used prior to
the determination that the member was temporarily incapacitated under
this paragraph for the period of time sick leave was used.
c. Disease under this section shall mean heart disease or any
disease of the lungs or respiratory tract and shall be presumed to
have been contracted while on active duty as a result of strain,
exposure, or the inhalation of noxious fumes, poison, or gases.
However, if a person's membership in the system first commenced on or
after July 1, 1992, and the heart disease or disease of the lungs or
respiratory tract would not exist, but for a medical condition that
was known to exist on the date that membership commenced, the
presumption established in this paragraph shall not apply.
6. Retirement after accident.
a. Upon retirement for accidental disability prior to July 1,
1990, a member shall receive an accidental disability retirement
allowance which shall consist of a pension equal to sixty-six and
two-thirds percent of the member's average final compensation.
b. Upon retirement for accidental disability on or after July
1, 1990, but before July 1, 1998, a member shall receive an
accidental disability retirement allowance which shall consist of a
pension equal to sixty percent of the member's average final
compensation. However, if the member has had twenty-two or more
years of membership service, the member shall receive a disability
retirement allowance that is equal to the greater of the retirement
allowance that the member would receive under subsection 2 if the
member were fifty-five years of age or the disability retirement
allowance calculated under this paragraph.
c. Upon retirement for accidental disability on or after July
1, 1998, a member shall receive an accidental disability retirement
allowance which shall consist of a pension in an amount equal to the
greater of sixty percent of the member's average final compensation
or the retirement allowance that the member would receive under
subsection 2 if the member had attained fifty-five years of age.
7. Reexamination of beneficiaries retired on account of
disability. Once each year during the first five years following
the retirement of a member on a disability retirement allowance, and
once in every three-year period thereafter, the board of trustees
may, and upon the member's application shall, require any disability
beneficiary who has not yet attained age fifty-five to undergo a
medical examination at a place designated by the medical board. Such
examination shall be made by the medical board or in special cases,
by an additional physician or physicians designated by such board.
Should any disability beneficiary who has not attained the age of
fifty-five refuse to submit to such medical examination, the
beneficiary's allowance may be discontinued until the beneficiary's
withdrawal of such refusal, and should the beneficiary's refusal
continue for one year all rights in and to the beneficiary's pension
may be revoked by the board of trustees.
a. (1) Should any beneficiary for either ordinary or
accidental disability, except a beneficiary who is fifty-five years
of age or over and would have completed twenty-two years of service
if the beneficiary had remained in active service, be engaged in a
gainful occupation paying more than the difference between the
member's net retirement allowance and one and one-half times the
current earnable compensation of an active member at the same
position on the salary scale within the member's rank as the member
held at retirement, then the amount of the retirement allowance shall
be reduced to an amount such that the member's net retirement
allowance plus the amount earned by the member shall equal one and
one-half times the amount of the current earnable compensation of an
active member at the same position on the salary scale within the
member's rank as the member held at retirement. Should the member's
earning capacity be later changed, the amount of the retirement
allowance may be further modified, provided that the new retirement
allowance shall not exceed the amount of the retirement allowance
originally granted adjusted by annual readjustments of pensions
pursuant to subsection 14 of this section nor an amount which would
cause the member's net retirement allowance, when added to the amount
earned by the beneficiary, to equal one and one-half times the amount
of the current earnable compensation of an active member at the same
position on the salary scale within the member's rank as the member
held at retirement. A beneficiary restored to active service at a
salary less than the average final compensation upon the basis of
which the member was retired at age fifty-five or greater, shall not
again become a member of the retirement system and shall have the
member's retirement allowance suspended while in active service. If
the rank or position held by the retired member is subsequently
abolished, adjustments to the allowable limit on the amount of income
which can be earned in a gainful occupation shall be computed in the
same manner as provided in subsection 14, paragraph "c", of this
section for readjustment of pensions when a rank or position has been
abolished. If the salary scale associated with a member's rank at
retirement is changed after the member retires, earnable compensation
for purposes of this section shall be based upon the salary an active
member currently would receive at the same rank and with seniority
equal to that of the retired member at the time of retirement. For
purposes of this paragraph, "net retirement allowance" means the
amount determined by subtracting the amount paid during the previous
calendar year by the beneficiary for health insurance or similar
health care coverage for the beneficiary and the beneficiary's
dependents from the amount of the member's retirement allowance paid
for that year pursuant to this chapter. The beneficiary shall submit
sufficient documentation to the board of trustees to permit the
system to determine the member's net retirement allowance for the
applicable year.
(2) A beneficiary retired under the provisions of this paragraph
in order to be eligible for continued receipt of retirement benefits
shall no later than May 15 of each year submit to the board of
trustees a copy of the beneficiary's state income tax return for the
preceding year.
(3) Retroactive to July 1, 1976, the limitations on pay of a
member engaged in a gainful occupation who is retired under
accidental disability prescribed in this paragraph shall not apply to
a member who retired before July 1, 1976.
b. Should a disability beneficiary under age fifty-five be
restored to active service at a compensation not less than the
disability beneficiary's average final compensation, the disability
beneficiary's retirement allowance shall cease, the disability
beneficiary shall again become a member and shall contribute
thereafter at the same rate payable by other members of comparable
rank, seniority, and age, and former service on the basis of which
the disability beneficiary's service was computed at the time of
retirement shall be restored to full force and effect. Upon
subsequent retirement the disability beneficiary shall be credited
with all service as a member, and also with the period of disability
retirement.
c. The commissioner of public safety may, subject to approval
of the medical board, assign any former member of the division of
state patrol or the division of criminal investigation or an arson
investigator who is retired and drawing a pension for disability
under the provisions of this chapter, to the performance of light
duties in such division.
d. Should a disability beneficiary under age fifty-five be
employed in a public safety occupation, the disability beneficiary's
retirement allowance shall cease. Notwithstanding any provision of
this chapter to the contrary, if a disability beneficiary is employed
in a public safety occupation that would otherwise constitute
membership service, the disability beneficiary shall not become a
member of the system. For purposes of this paragraph, "public
safety occupation" means a peace officer, as defined in section
97A.1; a protection occupation, as defined in section 97B.49B; a
sheriff or deputy sheriff as defined in section 97B.49C; and a police
officer or fire fighter as defined in section 411.1, who was not
restored to active service as provided by this subsection.
8. Ordinary death benefit.a. Upon the receipt of proof of the death of a member in
service, or a member not in service who has completed four or more
years of service as provided in subsection 1, paragraph "b",
there shall be paid to the person designated by the member to the
board of trustees as the member's beneficiary if the member has had
one or more years of membership service and no pension is payable
under subsection 9, an amount equal to fifty percent of the
compensation earned by the member during the year immediately
preceding the member's death if the member is in service, or an
amount equal to fifty percent of the compensation earned by the
member during the member's last year of service if the member is not
in service.
b. (1) In lieu of the payment specified in paragraph "a",
a beneficiary meeting the qualifications of paragraph "c" may
elect to receive a monthly pension equal to one-twelfth of forty
percent of the average final compensation of the member, but not less
than an amount equal to twenty-five percent of the monthly earnable
compensation paid to an active member having the rank of senior
patrol officer of the state patrol if the member was in service at
the time of death. For a member not in service at the time of death,
the pension shall be reduced as provided in subsection 1, paragraph
"b".
(2) For a member not in service at the time of death, the pension
shall be paid commencing when the member would have attained the age
of fifty-five except that if there is a child of the member, the
pension shall be paid commencing with the member's death until the
children reach the age of eighteen, or twenty-two if applicable. The
pension shall resume commencing when the member would have attained
the age of fifty-five.
(3) For a member in service at the time of death, the pension
shall be paid commencing with the member's death. In addition to the
pension, there shall also be paid for each child of a member, a
monthly pension equal to six percent of the monthly earnable
compensation payable to an active member having the rank of senior
patrol officer of the state patrol.
(4) For the purpose of this chapter, a senior patrol officer is a
person who has completed ten years of service in the state patrol.
(5) Notwithstanding section 97A.6, subsection 8, Code 1985,
effective July 1, 1990, for a member's surviving spouse who, prior to
July 1, 1986, elected to receive pension benefits under this
paragraph, the monthly pension benefit shall be equal to the higher
of one-twelfth of forty percent of the average final compensation of
the member, or the amount the surviving spouse was receiving on July
1, 1990.
c. The pension under paragraph "b" may be selected only
by the following beneficiaries:
(1) The spouse.
(2) If there is no spouse, or if the spouse dies and there is a
child of a member, then the guardian of the member's child or
children, divided as the board of trustees determines, to continue as
a joint and survivor pension until every child of the member dies or
attains the age of eighteen, or twenty-two if applicable.
(3) If there is no surviving spouse or child, then the member's
dependent father or mother, or both, as the board of trustees
determines, to continue until remarriage or death.
d. If there is no nomination of beneficiary, the benefits
provided in this subsection shall be paid to the member's estate.
9. Accidental death benefit. If, upon the receipt of
evidence and proof that the death of a member in service was the
natural and proximate result of an accident, disease, or exposure
occurring or aggravated at some definite time and place while the
member was in the actual performance of duty, the board of trustees
shall decide that death was so caused in the performance of duty
there shall be paid, in lieu of the ordinary death benefit provided
in subsection 8 of this section, to the member's estate or to such
person having an insurable interest in the member's life as the
member shall have nominated by written designation duly executed and
filed with the board of trustees:
a. A pension equal to one-half of the average final
compensation of such member shall be paid to the surviving spouse,
children or dependent parents as provided in paragraphs "c",
"d", and "e" of subsection 8 of this section.
b. If there is no surviving spouse, child, or dependent
parent surviving a deceased member, the death shall be treated as an
ordinary death case and the benefit payable under subsection 8,
paragraph "a" of this section, in lieu of the pension provided in
paragraph "a" of this subsection, shall be paid to the member's
estate.
c. In addition to the benefits for the surviving spouse
enumerated in this subsection, there shall also be paid for each
child of a member a monthly pension equal to six percent of the
monthly earnable compensation payable to an active member having the
rank of senior patrol officer of the state patrol.
10. Optional allowance. With the provision that no optional
selection shall be effective in case a beneficiary dies within thirty
days after retirement, in which event such a beneficiary shall be
considered as an active member at the time of death, until the first
payment on account of any benefit becomes normally due, any
beneficiary may elect to receive the beneficiary's benefit in a
retirement allowance payable throughout life, or may elect to receive
the actuarial equivalent at that time of the beneficiary's retirement
allowance in a lesser retirement allowance payable throughout life
with the provision that an amount in money not exceeding the amount
of the beneficiary's accumulated contributions shall be immediately
paid in cash to such member or some other benefit or benefits shall
be paid either to the member or to such person or persons as the
member shall nominate, provided such cash payment or other benefit or
benefits, together with the lesser retirement allowance, shall be
certified by the actuary to be of equivalent actuarial value to the
member's retirement allowance and shall be approved by the board of
trustees; provided, that a cash payment to such member or beneficiary
at the time of retirement of an amount not exceeding fifty percent of
the member's or beneficiary's accumulated contributions shall be made
by the board of trustees upon said member's or beneficiary's
election.
11. Pensions offset by compensation benefits. Any amounts
which may be paid or payable by the state under the provisions of any
workers' compensation or similar law to a member or to the dependents
of a member on account of any disability or death, shall be offset
against and payable in lieu of any benefits payable out of the
retirement fund provided by the state under the provisions of this
chapter on account of the same disability or death. In case the
present value of the total commuted benefits under said workers'
compensation or similar law is less than the present value of the
benefits otherwise payable from the retirement fund provided by the
state under this chapter, then the present value of the commuted
payments shall be deducted from the pension payable and such benefits
as may be provided by the system so reduced shall be payable under
the provisions of this chapter.
12. Pension to surviving spouse and children of deceased
pensioned members. In the event of the death of any member
receiving a retirement allowance under the provisions of subsections
2, 2A, 4, or 6 of this section there shall be paid a pension:
a. To the member's surviving spouse, equal to one-half the
amount received by the deceased beneficiary, but in no instance less
than an amount equal to twenty-five percent of the monthly earnable
compensation paid to an active member having the rank of senior
patrol officer of the state patrol, and in addition a monthly pension
equal to the monthly pension payable under subsection 9, paragraph
"c", of this section for each child under eighteen years of age
or twenty-two years of age if applicable; or
b. If the spouse dies either prior or subsequent to the death
of the member, to the guardian of each surviving child, a monthly
pension equal to the monthly pension payable under subsection 9,
paragraph "c", of this section for the support of the child.
13. Judicial review of action of the board of trustees.
Judicial review of any action of the board of trustees may be sought
in accordance with the terms of the Iowa administrative procedure
Act, chapter 17A. Notwithstanding the terms of the Iowa
administrative procedure Act, chapter 17A, the petition for judicial
review must be filed within thirty days after the member receives
written notice of the trustees' action. The board of trustees shall
be represented by the attorney general. An appeal may be taken by
the petitioner or the board of trustees to the supreme court of this
state irrespective of the amount involved.
14. Pensions payable. Pensions payable under this section
shall be adjusted as follows:
a. On each July 1 and January 1, the monthly pensions
authorized in this section payable to retired members and to
beneficiaries, except children of a deceased member, shall be
adjusted as provided in this paragraph. The monthly pension of each
retired member and each beneficiary shall be adjusted by adding to
that monthly pension an amount equal to the amounts determined in
subparagraphs (1) and (2). The adjusted monthly pension of a retired
member shall not be less than the amount which was paid at the time
of the member's retirement.
(1) (a) An amount equal to the difference between the monthly
earnable compensation payable to an active member of the department,
of the same rank and position on the salary scale as was held by the
retired or deceased member at the time of the member's retirement or
death, for the month for which the last preceding adjustment was made
and the monthly earnable compensation payable to an active member of
the department of the same rank and position on the salary scale for
the month for which the adjustment is made shall be multiplied by the
following applicable percentage:
(i) Forty percent for members receiving a service retirement
allowance and for beneficiaries receiving a pension under subsection
9 of this section.
(ii) Forty percent for members with five or more years of
membership service who are receiving an ordinary disability
retirement allowance.
(iii) Twenty-four percent for members with less than five years
of membership service who are receiving an ordinary disability
retirement allowance, and for beneficiaries receiving a pension under
subsection 8 of this section.
(iv) Forty percent for members receiving an accidental disability
allowance.
(b) The amount added to the monthly pension of a surviving spouse
receiving a pension under subsection 12, paragraph "a", of this
section shall be equal to one-half the amount that would have been
added to the monthly pension of the retired member under this
subparagraph.
(2) (a) For each adjustment occurring on July 1, the following
applicable amount determined as follows:
(i) Fifteen dollars where the member's retirement date was less
than five years prior to the effective date of the adjustment.
(ii) Twenty dollars where the member's retirement date was at
least five years, but less than ten years, prior to the effective
date of the adjustment.
(iii) Twenty-five dollars where the member's retirement date was
at least ten years, but less than fifteen years, prior to the
effective date of the adjustment.
(iv) Thirty dollars where the member's retirement date was at
least fifteen years, but less than twenty years, prior to the
effective date of the adjustment.
(v) Thirty-five dollars where the member's retirement date was at
least twenty years prior to the effective date of the adjustment.
(b) As of July 1 and January 1 of each year, the monthly pension
payable to each surviving child under the provisions of subsections
8, 9, and 12 of this section shall be adjusted to equal six percent
of the monthly earnable compensation payable in the month for which
the adjustment is made to an active member having the rank of senior
patrol officer of the state patrol.
b. All monthly pensions adjusted as provided in this
subsection shall be payable beginning on the first of the month in
which the adjustment is made and shall continue in effect until the
next following month in which an adjustment is made pursuant to this
subsection at which time the monthly pensions shall again be adjusted
in accordance with paragraph "a" of this subsection.
c. The adjustment of pensions required by this subsection
shall recognize the retired or deceased member's position on the
salary scale within the member's rank at the time of the member's
retirement or death. In the event that the rank or position held by
the retired or deceased member at the time of retirement or death is
subsequently abolished, adjustments in the pensions of the member or
of the member's spouse or children shall be computed by the board of
trustees as though such rank or position had not been abolished and
salary increases had been granted to such rank or position on the
same basis as increases granted to other ranks and positions in the
department.
d. A retired member eligible for benefits under the
provisions of subsection 1 is not eligible for the annual
readjustment of pensions provided in this subsection unless the
member served at least twenty-two years prior to the member's
termination of employment.
15. Remarriage of surviving spouse. Effective July 1, 1990,
for a member who died prior to July 1, 1988, if the member's
surviving spouse remarried prior to July 1, 1988, the remarriage does
not make the spouse ineligible under subsection 8, paragraph "c",
subparagraphs (1) and (2), to receive benefits under subsections 8,
9, 12, and 14.
16. Line of duty death benefit.a. If, upon the receipt of evidence and proof that the death
of a member in service was the direct and proximate result of a
traumatic personal injury incurred in the line of duty, the board of
trustees decides that death was so caused, there shall be paid, to a
person authorized to receive an accidental death benefit as provided
in subsection 9, the amount of one hundred thousand dollars, which
shall be payable in a lump sum.
b. A line of duty death benefit shall not be payable under
this subsection if any of the following applies:
(1) The death resulted from stress, strain, occupational illness,
or a chronic, progressive, or congenital illness, including, but not
limited to, a disease of the heart, lungs, or respiratory system,
unless a traumatic personal injury was a substantial contributing
factor to the member's death.
(2) The death was caused by the intentional misconduct of the
member or by the member's intent to cause the member's own death.
(3) The member was voluntarily intoxicated at the time of death.
(4) The member was performing the member's duties in a grossly
negligent manner at the time of death.
(5) An individual who would otherwise be entitled to a benefit
under this subsection was, through the individual's actions, a
substantial contributing factor to the member's death.
(6) The death qualifies for a volunteer emergency services
provider death benefit pursuant to section 100B.31.
