State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-4

        97B.4  ADMINISTRATION OF CHAPTER -- POWERS AND DUTIES
      OF SYSTEM -- IMMUNITY.
         1.  Chief executive officer.  The system, through the chief
      executive officer, shall administer this chapter.  The chief
      executive officer shall also be the system's statutory designee with
      respect to the rulemaking power.
         2.  General authority.
         a.  The system may adopt, amend, waive, or rescind rules,
      employ persons, execute contracts with outside parties, make
      expenditures, require reports, make investigations, and take other
      action it deems necessary for the administration of the retirement
      system in conformity with the requirements of this chapter, the
      applicable provisions of the Internal Revenue Code, and all other
      applicable federal and state laws.  The rules shall be effective upon
      compliance with chapter 17A.
         b.  The system may delegate to any person such authority as it
      deems reasonable and proper for the effective administration of this
      chapter, and may bond any person handling moneys or signing checks
      under this chapter.
         c.  In administering this chapter, the system may enter into a
      biennial agreement with the department of administrative services
      concerning the sharing of resources between the system and department
      which are of benefit to each and which are consistent with the
      mission of the system and the department.  The budget program for the
      system shall be established by the chief executive officer in
      consultation with the board and other staff of the system and shall
      be compiled and submitted by the system pursuant to section 8.23.
         d.  In administering this chapter, the system shall not be a
      participating agency for purposes of chapter 8A, subchapter II.
         3.  Personnel.
         a.  Chief investment officer.  The chief executive officer,
      following consultation with the board, shall employ a chief
      investment officer who shall be appointed pursuant to chapter 8A,
      subchapter IV, and shall be responsible for administering the
      investment program for the retirement fund pursuant to the investment
      policies of the board.
         b.  Chief benefits officer.  The chief executive officer,
      following consultation with the benefits advisory committee, shall
      employ a chief benefits officer who shall be appointed pursuant to
      chapter 8A, subchapter IV, and shall be responsible for administering
      the benefits and other services provided under the retirement system.

         c.  Actuary.  The system shall employ an actuary who shall be
      selected by the board and shall serve at the pleasure of the board.
      The actuary shall be the technical advisor for the system on matters
      regarding the operation of the retirement fund.
         d.  System employees.  Subject to other provisions of this
      chapter, the system may employ all other personnel as necessary for
      the administration of the retirement system.  The maximum number of
      full-time equivalent employees specified by the general assembly for
      the system for administration of the retirement system for a fiscal
      year shall not be reduced by any authority other than the general
      assembly.  The personnel of the system shall be appointed pursuant to
      chapter 8A, subchapter IV.  The system shall not appoint or employ a
      person who is an officer or committee member of a political party
      organization or who holds or is a candidate for a partisan elective
      public office.
         e.  Legal advisors.  The system may employ attorneys and
      contract with attorneys and legal firms for the provision of legal
      counsel and advice in the administration of this chapter and chapter
      97C.
         f.  Outside advisors.  The system may execute contracts with
      persons outside state government, including investment advisors,
      consultants, and managers, in the administration of this chapter.
      However, a contract with an investment manager or investment
      consultant shall not be executed by the system pursuant to this
      paragraph without the prior approval by the board of the hiring of
      the investment manager or investment consultant.
         4.  Reports.
         a.  Annual report to governor.  Not later than the
      thirty-first day of December of each year, the system shall submit to
      the governor a report covering the administration and operation of
      this chapter during the preceding fiscal year and shall make
      recommendations for amendments to this chapter.  The report shall
      include a balance sheet of the moneys in the retirement fund.  The
      report shall also include information concerning the investment
      management expenses for the retirement fund for each fiscal year
      expressed as a percent of the market value of the retirement fund
      investment assets, including the information described in section
      97B.7, subsection 3, paragraph "d".  The information provided
      under this paragraph shall also include information on the investment
      policies and investment performance of the retirement fund.  In
      providing this information, to the extent possible, the system shall
      include the total investment return for the entire fund, for portions
      of the fund managed by investment managers, and for internally
      managed portions of the fund, and the cost of managing the fund per
      thousand dollars of assets.  The performance shall be based upon
      market value, and shall be contrasted with relevant market indices
      and with performances of pension funds of similar asset size.
         b.  Annual statement to members.  The system shall prepare and
      distribute to the members, at the expense of the retirement fund, an
      annual statement of the member's account and, in such a manner as the
      system deems appropriate, other information concerning the retirement
      system.
         c.  Actuarial investigation.  During calendar year 2002, and
      every four years thereafter, the system shall cause an actuarial
      investigation to be made of all experience under the retirement
      system.  Pursuant to such an investigation, the system shall, from
      time to time, determine upon an actuarial basis the condition of the
      retirement system and shall report to the general assembly its
      findings and recommendations.
         d.  Annual valuation of assets.  The system shall cause an
      annual actuarial valuation to be made of the assets and liabilities
      of the retirement system and shall prepare an annual statement of the
      amounts to be contributed under this chapter, and shall publish
      annually such valuation of the assets and liabilities and the
      statement of receipts and disbursements of the retirement system.
      Based upon the actuarial methods and assumptions adopted by the board
      for the annual actuarial valuation, the system shall certify to the
      governor the contribution rates determined thereby as the rates
      necessary and sufficient for members and employers to fully fund the
      benefits and retirement allowances being credited.  Effective with
      the fiscal year beginning July 1, 2008, the annual actuarial
      valuation required by this paragraph shall include information as
      required by section 97D.5 for each membership group which separately
      determines contribution rates under this chapter.
         5.  Investments.  The system, through the chief investment
      officer, shall invest, subject to chapter 12F and in accordance with
      the investment policy and goal statement established by the board,
      the portion of the retirement fund which, in the judgment of the
      system, is not needed for current payment of benefits under this
      chapter subject to the requirements of section 97B.7A.
         6.  Old records.  The system may destroy or dispose of such
      original reports or records as have been properly recorded or
      summarized in the permanent records of the system and are deemed by
      the chief executive officer to be no longer necessary to the proper
      administration of this chapter.  The destruction or disposition shall
      be made only by order of the chief executive officer.  Records of
      deceased members of the retirement system may be destroyed ten years
      after the later of the final payment made to a third party on behalf
      of the member or the death of the member.  Any moneys received from
      the disposition of these records shall be deposited to the credit of
      the retirement fund subject to rules adopted by the system.
         7.  Immunity.  The system, employees of the system, the board,
      the members of the board, and the treasurer of state are not
      personally liable for actions or omissions under this chapter that do
      not involve malicious or wanton misconduct even if those actions or
      omissions violate the standards established in section 97B.7A.  
         Section History: Early Form
         [C46, 50, § 97.4, 97.23; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.4] 
         Section History: Recent Form
         86 Acts, ch 1245, § 251; 88 Acts, ch 1242, § 9, 10; 92 Acts, ch
      1201, §7; 96 Acts, ch 1187, §1; 2001 Acts, ch 68, §9, 24; 2003 Acts,
      ch 145, §172, 173, 286; 2006 Acts, ch 1092, §3; 2007 Acts, ch 39,
      §10; 2008 Acts, ch 1171, §21, 22, 48
         Referred to in § 97B.7A, 97B.8A

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-4

        97B.4  ADMINISTRATION OF CHAPTER -- POWERS AND DUTIES
      OF SYSTEM -- IMMUNITY.
         1.  Chief executive officer.  The system, through the chief
      executive officer, shall administer this chapter.  The chief
      executive officer shall also be the system's statutory designee with
      respect to the rulemaking power.
         2.  General authority.
         a.  The system may adopt, amend, waive, or rescind rules,
      employ persons, execute contracts with outside parties, make
      expenditures, require reports, make investigations, and take other
      action it deems necessary for the administration of the retirement
      system in conformity with the requirements of this chapter, the
      applicable provisions of the Internal Revenue Code, and all other
      applicable federal and state laws.  The rules shall be effective upon
      compliance with chapter 17A.
         b.  The system may delegate to any person such authority as it
      deems reasonable and proper for the effective administration of this
      chapter, and may bond any person handling moneys or signing checks
      under this chapter.
         c.  In administering this chapter, the system may enter into a
      biennial agreement with the department of administrative services
      concerning the sharing of resources between the system and department
      which are of benefit to each and which are consistent with the
      mission of the system and the department.  The budget program for the
      system shall be established by the chief executive officer in
      consultation with the board and other staff of the system and shall
      be compiled and submitted by the system pursuant to section 8.23.
         d.  In administering this chapter, the system shall not be a
      participating agency for purposes of chapter 8A, subchapter II.
         3.  Personnel.
         a.  Chief investment officer.  The chief executive officer,
      following consultation with the board, shall employ a chief
      investment officer who shall be appointed pursuant to chapter 8A,
      subchapter IV, and shall be responsible for administering the
      investment program for the retirement fund pursuant to the investment
      policies of the board.
         b.  Chief benefits officer.  The chief executive officer,
      following consultation with the benefits advisory committee, shall
      employ a chief benefits officer who shall be appointed pursuant to
      chapter 8A, subchapter IV, and shall be responsible for administering
      the benefits and other services provided under the retirement system.

         c.  Actuary.  The system shall employ an actuary who shall be
      selected by the board and shall serve at the pleasure of the board.
      The actuary shall be the technical advisor for the system on matters
      regarding the operation of the retirement fund.
         d.  System employees.  Subject to other provisions of this
      chapter, the system may employ all other personnel as necessary for
      the administration of the retirement system.  The maximum number of
      full-time equivalent employees specified by the general assembly for
      the system for administration of the retirement system for a fiscal
      year shall not be reduced by any authority other than the general
      assembly.  The personnel of the system shall be appointed pursuant to
      chapter 8A, subchapter IV.  The system shall not appoint or employ a
      person who is an officer or committee member of a political party
      organization or who holds or is a candidate for a partisan elective
      public office.
         e.  Legal advisors.  The system may employ attorneys and
      contract with attorneys and legal firms for the provision of legal
      counsel and advice in the administration of this chapter and chapter
      97C.
         f.  Outside advisors.  The system may execute contracts with
      persons outside state government, including investment advisors,
      consultants, and managers, in the administration of this chapter.
      However, a contract with an investment manager or investment
      consultant shall not be executed by the system pursuant to this
      paragraph without the prior approval by the board of the hiring of
      the investment manager or investment consultant.
         4.  Reports.
         a.  Annual report to governor.  Not later than the
      thirty-first day of December of each year, the system shall submit to
      the governor a report covering the administration and operation of
      this chapter during the preceding fiscal year and shall make
      recommendations for amendments to this chapter.  The report shall
      include a balance sheet of the moneys in the retirement fund.  The
      report shall also include information concerning the investment
      management expenses for the retirement fund for each fiscal year
      expressed as a percent of the market value of the retirement fund
      investment assets, including the information described in section
      97B.7, subsection 3, paragraph "d".  The information provided
      under this paragraph shall also include information on the investment
      policies and investment performance of the retirement fund.  In
      providing this information, to the extent possible, the system shall
      include the total investment return for the entire fund, for portions
      of the fund managed by investment managers, and for internally
      managed portions of the fund, and the cost of managing the fund per
      thousand dollars of assets.  The performance shall be based upon
      market value, and shall be contrasted with relevant market indices
      and with performances of pension funds of similar asset size.
         b.  Annual statement to members.  The system shall prepare and
      distribute to the members, at the expense of the retirement fund, an
      annual statement of the member's account and, in such a manner as the
      system deems appropriate, other information concerning the retirement
      system.
         c.  Actuarial investigation.  During calendar year 2002, and
      every four years thereafter, the system shall cause an actuarial
      investigation to be made of all experience under the retirement
      system.  Pursuant to such an investigation, the system shall, from
      time to time, determine upon an actuarial basis the condition of the
      retirement system and shall report to the general assembly its
      findings and recommendations.
         d.  Annual valuation of assets.  The system shall cause an
      annual actuarial valuation to be made of the assets and liabilities
      of the retirement system and shall prepare an annual statement of the
      amounts to be contributed under this chapter, and shall publish
      annually such valuation of the assets and liabilities and the
      statement of receipts and disbursements of the retirement system.
      Based upon the actuarial methods and assumptions adopted by the board
      for the annual actuarial valuation, the system shall certify to the
      governor the contribution rates determined thereby as the rates
      necessary and sufficient for members and employers to fully fund the
      benefits and retirement allowances being credited.  Effective with
      the fiscal year beginning July 1, 2008, the annual actuarial
      valuation required by this paragraph shall include information as
      required by section 97D.5 for each membership group which separately
      determines contribution rates under this chapter.
         5.  Investments.  The system, through the chief investment
      officer, shall invest, subject to chapter 12F and in accordance with
      the investment policy and goal statement established by the board,
      the portion of the retirement fund which, in the judgment of the
      system, is not needed for current payment of benefits under this
      chapter subject to the requirements of section 97B.7A.
         6.  Old records.  The system may destroy or dispose of such
      original reports or records as have been properly recorded or
      summarized in the permanent records of the system and are deemed by
      the chief executive officer to be no longer necessary to the proper
      administration of this chapter.  The destruction or disposition shall
      be made only by order of the chief executive officer.  Records of
      deceased members of the retirement system may be destroyed ten years
      after the later of the final payment made to a third party on behalf
      of the member or the death of the member.  Any moneys received from
      the disposition of these records shall be deposited to the credit of
      the retirement fund subject to rules adopted by the system.
         7.  Immunity.  The system, employees of the system, the board,
      the members of the board, and the treasurer of state are not
      personally liable for actions or omissions under this chapter that do
      not involve malicious or wanton misconduct even if those actions or
      omissions violate the standards established in section 97B.7A.  
         Section History: Early Form
         [C46, 50, § 97.4, 97.23; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.4] 
         Section History: Recent Form
         86 Acts, ch 1245, § 251; 88 Acts, ch 1242, § 9, 10; 92 Acts, ch
      1201, §7; 96 Acts, ch 1187, §1; 2001 Acts, ch 68, §9, 24; 2003 Acts,
      ch 145, §172, 173, 286; 2006 Acts, ch 1092, §3; 2007 Acts, ch 39,
      §10; 2008 Acts, ch 1171, §21, 22, 48
         Referred to in § 97B.7A, 97B.8A

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-4

        97B.4  ADMINISTRATION OF CHAPTER -- POWERS AND DUTIES
      OF SYSTEM -- IMMUNITY.
         1.  Chief executive officer.  The system, through the chief
      executive officer, shall administer this chapter.  The chief
      executive officer shall also be the system's statutory designee with
      respect to the rulemaking power.
         2.  General authority.
         a.  The system may adopt, amend, waive, or rescind rules,
      employ persons, execute contracts with outside parties, make
      expenditures, require reports, make investigations, and take other
      action it deems necessary for the administration of the retirement
      system in conformity with the requirements of this chapter, the
      applicable provisions of the Internal Revenue Code, and all other
      applicable federal and state laws.  The rules shall be effective upon
      compliance with chapter 17A.
         b.  The system may delegate to any person such authority as it
      deems reasonable and proper for the effective administration of this
      chapter, and may bond any person handling moneys or signing checks
      under this chapter.
         c.  In administering this chapter, the system may enter into a
      biennial agreement with the department of administrative services
      concerning the sharing of resources between the system and department
      which are of benefit to each and which are consistent with the
      mission of the system and the department.  The budget program for the
      system shall be established by the chief executive officer in
      consultation with the board and other staff of the system and shall
      be compiled and submitted by the system pursuant to section 8.23.
         d.  In administering this chapter, the system shall not be a
      participating agency for purposes of chapter 8A, subchapter II.
         3.  Personnel.
         a.  Chief investment officer.  The chief executive officer,
      following consultation with the board, shall employ a chief
      investment officer who shall be appointed pursuant to chapter 8A,
      subchapter IV, and shall be responsible for administering the
      investment program for the retirement fund pursuant to the investment
      policies of the board.
         b.  Chief benefits officer.  The chief executive officer,
      following consultation with the benefits advisory committee, shall
      employ a chief benefits officer who shall be appointed pursuant to
      chapter 8A, subchapter IV, and shall be responsible for administering
      the benefits and other services provided under the retirement system.

         c.  Actuary.  The system shall employ an actuary who shall be
      selected by the board and shall serve at the pleasure of the board.
      The actuary shall be the technical advisor for the system on matters
      regarding the operation of the retirement fund.
         d.  System employees.  Subject to other provisions of this
      chapter, the system may employ all other personnel as necessary for
      the administration of the retirement system.  The maximum number of
      full-time equivalent employees specified by the general assembly for
      the system for administration of the retirement system for a fiscal
      year shall not be reduced by any authority other than the general
      assembly.  The personnel of the system shall be appointed pursuant to
      chapter 8A, subchapter IV.  The system shall not appoint or employ a
      person who is an officer or committee member of a political party
      organization or who holds or is a candidate for a partisan elective
      public office.
         e.  Legal advisors.  The system may employ attorneys and
      contract with attorneys and legal firms for the provision of legal
      counsel and advice in the administration of this chapter and chapter
      97C.
         f.  Outside advisors.  The system may execute contracts with
      persons outside state government, including investment advisors,
      consultants, and managers, in the administration of this chapter.
      However, a contract with an investment manager or investment
      consultant shall not be executed by the system pursuant to this
      paragraph without the prior approval by the board of the hiring of
      the investment manager or investment consultant.
         4.  Reports.
         a.  Annual report to governor.  Not later than the
      thirty-first day of December of each year, the system shall submit to
      the governor a report covering the administration and operation of
      this chapter during the preceding fiscal year and shall make
      recommendations for amendments to this chapter.  The report shall
      include a balance sheet of the moneys in the retirement fund.  The
      report shall also include information concerning the investment
      management expenses for the retirement fund for each fiscal year
      expressed as a percent of the market value of the retirement fund
      investment assets, including the information described in section
      97B.7, subsection 3, paragraph "d".  The information provided
      under this paragraph shall also include information on the investment
      policies and investment performance of the retirement fund.  In
      providing this information, to the extent possible, the system shall
      include the total investment return for the entire fund, for portions
      of the fund managed by investment managers, and for internally
      managed portions of the fund, and the cost of managing the fund per
      thousand dollars of assets.  The performance shall be based upon
      market value, and shall be contrasted with relevant market indices
      and with performances of pension funds of similar asset size.
         b.  Annual statement to members.  The system shall prepare and
      distribute to the members, at the expense of the retirement fund, an
      annual statement of the member's account and, in such a manner as the
      system deems appropriate, other information concerning the retirement
      system.
         c.  Actuarial investigation.  During calendar year 2002, and
      every four years thereafter, the system shall cause an actuarial
      investigation to be made of all experience under the retirement
      system.  Pursuant to such an investigation, the system shall, from
      time to time, determine upon an actuarial basis the condition of the
      retirement system and shall report to the general assembly its
      findings and recommendations.
         d.  Annual valuation of assets.  The system shall cause an
      annual actuarial valuation to be made of the assets and liabilities
      of the retirement system and shall prepare an annual statement of the
      amounts to be contributed under this chapter, and shall publish
      annually such valuation of the assets and liabilities and the
      statement of receipts and disbursements of the retirement system.
      Based upon the actuarial methods and assumptions adopted by the board
      for the annual actuarial valuation, the system shall certify to the
      governor the contribution rates determined thereby as the rates
      necessary and sufficient for members and employers to fully fund the
      benefits and retirement allowances being credited.  Effective with
      the fiscal year beginning July 1, 2008, the annual actuarial
      valuation required by this paragraph shall include information as
      required by section 97D.5 for each membership group which separately
      determines contribution rates under this chapter.
         5.  Investments.  The system, through the chief investment
      officer, shall invest, subject to chapter 12F and in accordance with
      the investment policy and goal statement established by the board,
      the portion of the retirement fund which, in the judgment of the
      system, is not needed for current payment of benefits under this
      chapter subject to the requirements of section 97B.7A.
         6.  Old records.  The system may destroy or dispose of such
      original reports or records as have been properly recorded or
      summarized in the permanent records of the system and are deemed by
      the chief executive officer to be no longer necessary to the proper
      administration of this chapter.  The destruction or disposition shall
      be made only by order of the chief executive officer.  Records of
      deceased members of the retirement system may be destroyed ten years
      after the later of the final payment made to a third party on behalf
      of the member or the death of the member.  Any moneys received from
      the disposition of these records shall be deposited to the credit of
      the retirement fund subject to rules adopted by the system.
         7.  Immunity.  The system, employees of the system, the board,
      the members of the board, and the treasurer of state are not
      personally liable for actions or omissions under this chapter that do
      not involve malicious or wanton misconduct even if those actions or
      omissions violate the standards established in section 97B.7A.  
         Section History: Early Form
         [C46, 50, § 97.4, 97.23; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.4] 
         Section History: Recent Form
         86 Acts, ch 1245, § 251; 88 Acts, ch 1242, § 9, 10; 92 Acts, ch
      1201, §7; 96 Acts, ch 1187, §1; 2001 Acts, ch 68, §9, 24; 2003 Acts,
      ch 145, §172, 173, 286; 2006 Acts, ch 1092, §3; 2007 Acts, ch 39,
      §10; 2008 Acts, ch 1171, §21, 22, 48
         Referred to in § 97B.7A, 97B.8A