97B.42 MANDATORY MEMBERSHIP -- MEMBERSHIP IN OTHER
SYSTEMS.
Each employee whose employment commences after July 4, 1953, or
who has not qualified for credit for prior service rendered prior to
July 4, 1953, or any publicly elected official of the state or any of
its political subdivisions shall become a member upon the first day
in which such employee is employed. The employee shall continue to
be an active member so long as the employee continues in covered
employment. The employee shall cease to be an active member if the
employee joins another retirement system in the state which is
maintained in whole or in part by public contributions or payments
and receives retirement credit for service in that other system for
the same position previously covered under this chapter. If an
employee joins another publicly maintained retirement system and
ceases to be an active member under this chapter, the employee may
elect to leave the employee's accumulated contributions in the
retirement fund or receive a refund of the employee's accumulated
contributions in the manner provided for members who are terminating
covered employment pursuant to section 97B.53. However, if an
employee joins another publicly maintained retirement system and
leaves the employee's accumulated contributions in the retirement
fund, the employee shall not be eligible to receive retirement
benefits until the employee has a bona fide retirement from
employment with a covered employer as provided in section 97B.52A, or
until the employee would otherwise be eligible to receive benefits
upon attaining the age of seventy years as provided in section
97B.46.
Employment shall not be covered under this chapter until the
employment is covered under the federal Social Security Act and any
agreements which are required pursuant to chapter 97C are effective.
Nothing in this chapter shall be deemed to exclude from coverage,
under the provisions of this chapter, any public employee who was not
on or as of July 4, 1953, a member of another retirement system
supported by public funds. All such employees and their employers
shall be required to make contributions as specified as to other
public employees and employers. Nothing in this chapter shall be
deemed to prohibit the reestablishment of a retirement system
supported by public funds which had been in operation prior to July
4, 1953, and was subsequently liquidated.
Persons who are members of any other retirement system in the
state which is maintained in whole or in part by public contributions
other than persons who are covered under the provisions of chapter
97, Code 1950, as amended by the Fifty- fourth General Assembly on
the date of the repeal of said chapter, under the provisions of
sections 97.50 through 97.53 shall not become members under this
chapter while still actively participating in that other retirement
system unless the persons do not receive retirement credit for
service in that other system for the position to be covered under
this chapter.
Nothing herein contained shall be construed to permit any employer
to make any public contributions or payments on behalf of an employee
in the same position for the same period of time to both the Iowa
public employees' retirement system and any other retirement system
in the state which is supported in whole or in part by public
contributions or payments.
Notwithstanding any other provision of this section, commencing
July 1, 1994, a member who is employed by a community college may
elect coverage under an eligible alternative retirement benefits
system as provided in section 260C.14, subsection 17, in lieu of
continuing or commencing contributions to the Iowa public employees'
retirement system. However, the employer's annual contribution in
dollars to the eligible alternative retirement benefits system shall
not exceed the annual contribution in dollars which the employer
would contribute if the employee had elected to remain an active
member under this chapter, as set forth in section 97B.11. A member
employed by a community college who elects coverage under an eligible
alternative retirement benefits system may withdraw the member's
accumulated contributions effective when coverage under the eligible
alternative retirement benefits system commences. A member who is
employed by a community college prior to July 1, 1994, must file an
election for coverage under the eligible alternative retirement
benefits system described in section 260C.14, subsection 17,
paragraph "a", with the system and the employing community
college within eighteen months of the first day on which coverage
commences under the community college's eligible alternative
retirement benefits system described in section 260C.14, subsection
17, paragraph "a", or the employee shall remain a member under
this chapter and shall not be eligible to elect to participate in
that community college's eligible alternative retirement benefits
system described in section 260C.14, subsection 17, paragraph
"a", at a later date. Employees of a community college hired on
or after July 1, 1994, must file an election for coverage under an
eligible alternative retirement benefits system with the system and
the employing community college within sixty days of commencing
employment, or the employee shall remain a member under this chapter
and shall not be eligible to elect to participate in an eligible
alternative retirement benefits system of the community college at a
later date. The system shall cooperate with the boards of directors
of the community colleges to facilitate the implementation of this
provision.
Notwithstanding any other provision of this section, a person
newly entering employment with a community college on or after July
1, 1990, may elect coverage under an eligible alternative retirement
benefits system, as defined in section 260C.14, subsection 17,
paragraph "a", in lieu of coverage under the Iowa public
employees' retirement system, but only if the person is already a
member of the alternative retirement benefits system. An election to
participate in an eligible alternative retirement benefits system as
described in section 260C.14, subsection 17, is irrevocable as to the
person's employment with that community college and any other
community college in this state.
Except as otherwise provided in this section, an employer shall
not sponsor and a member shall not participate in another retirement
system in this state supported in whole or in part by public
contributions or payments where such retirement system is in lieu of
the retirement system established by this chapter. However, in
addition to the retirement system established by this chapter, an
employer may sponsor and a member may participate in a supplemental
defined contribution plan qualified under Internal Revenue Code
section 401(a), a tax-deferred annuity qualified under Internal
Revenue Code section 403(b), or an eligible deferred compensation
plan qualified under Internal Revenue Code section 457, regardless of
whether contributions to such supplemental plans are characterized as
employer contributions or employee contributions, and subject to the
applicable limits set forth in the Internal Revenue Code for such
plans. A defined benefit plan that supplements the retirement system
established by this chapter shall not be offered by public employers
covered under this chapter.
97B.42 MANDATORY MEMBERSHIP -- MEMBERSHIP IN OTHER
SYSTEMS.
Each employee whose employment commences after July 4, 1953, or
who has not qualified for credit for prior service rendered prior to
July 4, 1953, or any publicly elected official of the state or any of
its political subdivisions shall become a member upon the first day
in which such employee is employed. The employee shall continue to
be an active member so long as the employee continues in covered
employment. The employee shall cease to be an active member if the
employee joins another retirement system in the state which is
maintained in whole or in part by public contributions or payments
and receives retirement credit for service in that other system for
the same position previously covered under this chapter. If an
employee joins another publicly maintained retirement system and
ceases to be an active member under this chapter, the employee may
elect to leave the employee's accumulated contributions in the
retirement fund or receive a refund of the employee's accumulated
contributions in the manner provided for members who are terminating
covered employment pursuant to section 97B.53. However, if an
employee joins another publicly maintained retirement system and
leaves the employee's accumulated contributions in the retirement
fund, the employee shall not be eligible to receive retirement
benefits until the employee has a bona fide retirement from
employment with a covered employer as provided in section 97B.52A, or
until the employee would otherwise be eligible to receive benefits
upon attaining the age of seventy years as provided in section
97B.46.
Employment shall not be covered under this chapter until the
employment is covered under the federal Social Security Act and any
agreements which are required pursuant to chapter 97C are effective.
Nothing in this chapter shall be deemed to exclude from coverage,
under the provisions of this chapter, any public employee who was not
on or as of July 4, 1953, a member of another retirement system
supported by public funds. All such employees and their employers
shall be required to make contributions as specified as to other
public employees and employers. Nothing in this chapter shall be
deemed to prohibit the reestablishment of a retirement system
supported by public funds which had been in operation prior to July
4, 1953, and was subsequently liquidated.
Persons who are members of any other retirement system in the
state which is maintained in whole or in part by public contributions
other than persons who are covered under the provisions of chapter
97, Code 1950, as amended by the Fifty- fourth General Assembly on
the date of the repeal of said chapter, under the provisions of
sections 97.50 through 97.53 shall not become members under this
chapter while still actively participating in that other retirement
system unless the persons do not receive retirement credit for
service in that other system for the position to be covered under
this chapter.
Nothing herein contained shall be construed to permit any employer
to make any public contributions or payments on behalf of an employee
in the same position for the same period of time to both the Iowa
public employees' retirement system and any other retirement system
in the state which is supported in whole or in part by public
contributions or payments.
Notwithstanding any other provision of this section, commencing
July 1, 1994, a member who is employed by a community college may
elect coverage under an eligible alternative retirement benefits
system as provided in section 260C.14, subsection 17, in lieu of
continuing or commencing contributions to the Iowa public employees'
retirement system. However, the employer's annual contribution in
dollars to the eligible alternative retirement benefits system shall
not exceed the annual contribution in dollars which the employer
would contribute if the employee had elected to remain an active
member under this chapter, as set forth in section 97B.11. A member
employed by a community college who elects coverage under an eligible
alternative retirement benefits system may withdraw the member's
accumulated contributions effective when coverage under the eligible
alternative retirement benefits system commences. A member who is
employed by a community college prior to July 1, 1994, must file an
election for coverage under the eligible alternative retirement
benefits system described in section 260C.14, subsection 17,
paragraph "a", with the system and the employing community
college within eighteen months of the first day on which coverage
commences under the community college's eligible alternative
retirement benefits system described in section 260C.14, subsection
17, paragraph "a", or the employee shall remain a member under
this chapter and shall not be eligible to elect to participate in
that community college's eligible alternative retirement benefits
system described in section 260C.14, subsection 17, paragraph
"a", at a later date. Employees of a community college hired on
or after July 1, 1994, must file an election for coverage under an
eligible alternative retirement benefits system with the system and
the employing community college within sixty days of commencing
employment, or the employee shall remain a member under this chapter
and shall not be eligible to elect to participate in an eligible
alternative retirement benefits system of the community college at a
later date. The system shall cooperate with the boards of directors
of the community colleges to facilitate the implementation of this
provision.
Notwithstanding any other provision of this section, a person
newly entering employment with a community college on or after July
1, 1990, may elect coverage under an eligible alternative retirement
benefits system, as defined in section 260C.14, subsection 17,
paragraph "a", in lieu of coverage under the Iowa public
employees' retirement system, but only if the person is already a
member of the alternative retirement benefits system. An election to
participate in an eligible alternative retirement benefits system as
described in section 260C.14, subsection 17, is irrevocable as to the
person's employment with that community college and any other
community college in this state.
Except as otherwise provided in this section, an employer shall
not sponsor and a member shall not participate in another retirement
system in this state supported in whole or in part by public
contributions or payments where such retirement system is in lieu of
the retirement system established by this chapter. However, in
addition to the retirement system established by this chapter, an
employer may sponsor and a member may participate in a supplemental
defined contribution plan qualified under Internal Revenue Code
section 401(a), a tax-deferred annuity qualified under Internal
Revenue Code section 403(b), or an eligible deferred compensation
plan qualified under Internal Revenue Code section 457, regardless of
whether contributions to such supplemental plans are characterized as
employer contributions or employee contributions, and subject to the
applicable limits set forth in the Internal Revenue Code for such
plans. A defined benefit plan that supplements the retirement system
established by this chapter shall not be offered by public employers
covered under this chapter.
97B.42 MANDATORY MEMBERSHIP -- MEMBERSHIP IN OTHER
SYSTEMS.
Each employee whose employment commences after July 4, 1953, or
who has not qualified for credit for prior service rendered prior to
July 4, 1953, or any publicly elected official of the state or any of
its political subdivisions shall become a member upon the first day
in which such employee is employed. The employee shall continue to
be an active member so long as the employee continues in covered
employment. The employee shall cease to be an active member if the
employee joins another retirement system in the state which is
maintained in whole or in part by public contributions or payments
and receives retirement credit for service in that other system for
the same position previously covered under this chapter. If an
employee joins another publicly maintained retirement system and
ceases to be an active member under this chapter, the employee may
elect to leave the employee's accumulated contributions in the
retirement fund or receive a refund of the employee's accumulated
contributions in the manner provided for members who are terminating
covered employment pursuant to section 97B.53. However, if an
employee joins another publicly maintained retirement system and
leaves the employee's accumulated contributions in the retirement
fund, the employee shall not be eligible to receive retirement
benefits until the employee has a bona fide retirement from
employment with a covered employer as provided in section 97B.52A, or
until the employee would otherwise be eligible to receive benefits
upon attaining the age of seventy years as provided in section
97B.46.
Employment shall not be covered under this chapter until the
employment is covered under the federal Social Security Act and any
agreements which are required pursuant to chapter 97C are effective.
Nothing in this chapter shall be deemed to exclude from coverage,
under the provisions of this chapter, any public employee who was not
on or as of July 4, 1953, a member of another retirement system
supported by public funds. All such employees and their employers
shall be required to make contributions as specified as to other
public employees and employers. Nothing in this chapter shall be
deemed to prohibit the reestablishment of a retirement system
supported by public funds which had been in operation prior to July
4, 1953, and was subsequently liquidated.
Persons who are members of any other retirement system in the
state which is maintained in whole or in part by public contributions
other than persons who are covered under the provisions of chapter
97, Code 1950, as amended by the Fifty- fourth General Assembly on
the date of the repeal of said chapter, under the provisions of
sections 97.50 through 97.53 shall not become members under this
chapter while still actively participating in that other retirement
system unless the persons do not receive retirement credit for
service in that other system for the position to be covered under
this chapter.
Nothing herein contained shall be construed to permit any employer
to make any public contributions or payments on behalf of an employee
in the same position for the same period of time to both the Iowa
public employees' retirement system and any other retirement system
in the state which is supported in whole or in part by public
contributions or payments.
Notwithstanding any other provision of this section, commencing
July 1, 1994, a member who is employed by a community college may
elect coverage under an eligible alternative retirement benefits
system as provided in section 260C.14, subsection 17, in lieu of
continuing or commencing contributions to the Iowa public employees'
retirement system. However, the employer's annual contribution in
dollars to the eligible alternative retirement benefits system shall
not exceed the annual contribution in dollars which the employer
would contribute if the employee had elected to remain an active
member under this chapter, as set forth in section 97B.11. A member
employed by a community college who elects coverage under an eligible
alternative retirement benefits system may withdraw the member's
accumulated contributions effective when coverage under the eligible
alternative retirement benefits system commences. A member who is
employed by a community college prior to July 1, 1994, must file an
election for coverage under the eligible alternative retirement
benefits system described in section 260C.14, subsection 17,
paragraph "a", with the system and the employing community
college within eighteen months of the first day on which coverage
commences under the community college's eligible alternative
retirement benefits system described in section 260C.14, subsection
17, paragraph "a", or the employee shall remain a member under
this chapter and shall not be eligible to elect to participate in
that community college's eligible alternative retirement benefits
system described in section 260C.14, subsection 17, paragraph
"a", at a later date. Employees of a community college hired on
or after July 1, 1994, must file an election for coverage under an
eligible alternative retirement benefits system with the system and
the employing community college within sixty days of commencing
employment, or the employee shall remain a member under this chapter
and shall not be eligible to elect to participate in an eligible
alternative retirement benefits system of the community college at a
later date. The system shall cooperate with the boards of directors
of the community colleges to facilitate the implementation of this
provision.
Notwithstanding any other provision of this section, a person
newly entering employment with a community college on or after July
1, 1990, may elect coverage under an eligible alternative retirement
benefits system, as defined in section 260C.14, subsection 17,
paragraph "a", in lieu of coverage under the Iowa public
employees' retirement system, but only if the person is already a
member of the alternative retirement benefits system. An election to
participate in an eligible alternative retirement benefits system as
described in section 260C.14, subsection 17, is irrevocable as to the
person's employment with that community college and any other
community college in this state.
Except as otherwise provided in this section, an employer shall
not sponsor and a member shall not participate in another retirement
system in this state supported in whole or in part by public
contributions or payments where such retirement system is in lieu of
the retirement system established by this chapter. However, in
addition to the retirement system established by this chapter, an
employer may sponsor and a member may participate in a supplemental
defined contribution plan qualified under Internal Revenue Code
section 401(a), a tax-deferred annuity qualified under Internal
Revenue Code section 403(b), or an eligible deferred compensation
plan qualified under Internal Revenue Code section 457, regardless of
whether contributions to such supplemental plans are characterized as
employer contributions or employee contributions, and subject to the
applicable limits set forth in the Internal Revenue Code for such
plans. A defined benefit plan that supplements the retirement system
established by this chapter shall not be offered by public employers
covered under this chapter.
