State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-42b

        97B.42B  TRANSFER TO CHAPTER 97A -- OPTIONS FOR
      CERTAIN PUBLIC SAFETY EMPLOYEES.
         1.  Commencing July 1, 1994, a person who is newly hired in the
      following positions in the department of public safety shall be a
      member of the Iowa department of public safety peace officers'
      retirement, accident, and disability system established in chapter
      97A:
         a.  Gaming enforcement officers employed by the division of
      criminal investigation for excursion boat and gambling structure
      gambling enforcement activities.
         b.  Fire prevention inspector peace officers.
         2.  Commencing July 1, 1994, notwithstanding any other provision
      of law to the contrary, a member who is employed in a position
      specified in subsection 1 prior to July 1, 1994, may elect coverage
      under the Iowa department of public safety peace officers'
      retirement, accident, and disability system established in chapter
      97A, in lieu of continuing contributions to the Iowa public
      employees' retirement system, or may remain a member of the Iowa
      public employees' retirement system.  A member who is employed in a
      position specified in subsection 1 prior to July 1, 1994, must file
      an election for coverage under the Iowa department of public safety
      peace officers' retirement, accident, and disability system with the
      board of trustees established in section 97A.5 on or before July 1,
      1995, or the employee shall remain a member under this chapter and
      shall not be eligible to elect to participate in the system
      established pursuant to chapter 97A at a later date pursuant to this
      section.  The board of trustees established in section 97A.5 shall
      notify the system of elections received pursuant to this section, and
      the board of trustees and the system shall cooperate to facilitate
      the implementation of this section.  Coverage under chapter 97A shall
      commence, and coverage as an active member under this chapter shall
      cease, when the election has been approved by the board of trustees
      established in section 97A.5.
         3.  If an employee elects coverage under chapter 97A as provided
      in subsection 2 and the election is approved by the board of trustees
      established in section 97A.5, membership in the Iowa public
      employees' retirement system shall cease, and the employee shall be
      transferred to membership in the Iowa department of public safety
      peace officers' retirement, accident, and disability system.  The
      system shall transfer the accumulated contributions of these
      employees to the treasurer of state for deposit in the pension
      accumulation fund established in section 97A.8.  However, employer
      contributions which were made with respect to the employees while the
      employees were members of the Iowa public employees' retirement
      system shall remain in the fund established in section 97B.7, and any
      costs pertaining to the payment of employer contributions to the
      system established in chapter 97A with respect to the period of time
      during which the employees were members of the Iowa public employees'
      retirement system, or any other costs related to the transfer, shall
      be borne by the system established in chapter 97A, notwithstanding
      any other provision of law to the contrary.
         4.  Notwithstanding any other provision of law to the contrary, if
      the board of trustees established in section 97A.5 approves an
      election pursuant to subsection 2, the employees transferred from
      coverage under this chapter to coverage under the system established
      in chapter 97A shall receive credit for years of service under
      chapter 97A for those years of service during which the employees
      were members of the Iowa public employees' retirement system and
      employed in positions specified in subsection 1.  In addition,
      notwithstanding the limitation on covered wages provided in section
      97B.1A, subsection 26, compensation which was paid to an employee in
      a position specified in subsection 1 while the employee was a member
      pursuant to this chapter shall be included in determining the average
      final compensation of the employee pursuant to chapter 97A, if
      applicable.  Employees whose membership is transferred pursuant to
      this section and the employer, the department of public safety, shall
      not be required to pay the difference in the employee and employer
      contributions in effect for the period of time in which the employees
      were members pursuant to this chapter, as compared to the employee
      and employer contributions then in effect for members of the system
      established in chapter 97A.
         5.  It is the intent of the general assembly that in administering
      the provisions of this section, the board of trustees established in
      section 97A.5 and the system shall interpret this section in a manner
      which provides that the employees whose membership is transferred
      shall not lose benefits which would have otherwise accrued had the
      employees been members of the system established in chapter 97A
      during the period of time in which the employees were actually
      members of the Iowa public employees' retirement system.  
         Section History: Recent Form
         94 Acts, ch 1183, §26; 98 Acts, ch 1183, § 82; 2001 Acts, ch 68,
      §21, 24; 2003 Acts, ch 145, §286; 2005 Acts, ch 35, §24; 2007 Acts,
      ch 188, §2
         Referred to in § 97A.3, 97B.49B

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-42b

        97B.42B  TRANSFER TO CHAPTER 97A -- OPTIONS FOR
      CERTAIN PUBLIC SAFETY EMPLOYEES.
         1.  Commencing July 1, 1994, a person who is newly hired in the
      following positions in the department of public safety shall be a
      member of the Iowa department of public safety peace officers'
      retirement, accident, and disability system established in chapter
      97A:
         a.  Gaming enforcement officers employed by the division of
      criminal investigation for excursion boat and gambling structure
      gambling enforcement activities.
         b.  Fire prevention inspector peace officers.
         2.  Commencing July 1, 1994, notwithstanding any other provision
      of law to the contrary, a member who is employed in a position
      specified in subsection 1 prior to July 1, 1994, may elect coverage
      under the Iowa department of public safety peace officers'
      retirement, accident, and disability system established in chapter
      97A, in lieu of continuing contributions to the Iowa public
      employees' retirement system, or may remain a member of the Iowa
      public employees' retirement system.  A member who is employed in a
      position specified in subsection 1 prior to July 1, 1994, must file
      an election for coverage under the Iowa department of public safety
      peace officers' retirement, accident, and disability system with the
      board of trustees established in section 97A.5 on or before July 1,
      1995, or the employee shall remain a member under this chapter and
      shall not be eligible to elect to participate in the system
      established pursuant to chapter 97A at a later date pursuant to this
      section.  The board of trustees established in section 97A.5 shall
      notify the system of elections received pursuant to this section, and
      the board of trustees and the system shall cooperate to facilitate
      the implementation of this section.  Coverage under chapter 97A shall
      commence, and coverage as an active member under this chapter shall
      cease, when the election has been approved by the board of trustees
      established in section 97A.5.
         3.  If an employee elects coverage under chapter 97A as provided
      in subsection 2 and the election is approved by the board of trustees
      established in section 97A.5, membership in the Iowa public
      employees' retirement system shall cease, and the employee shall be
      transferred to membership in the Iowa department of public safety
      peace officers' retirement, accident, and disability system.  The
      system shall transfer the accumulated contributions of these
      employees to the treasurer of state for deposit in the pension
      accumulation fund established in section 97A.8.  However, employer
      contributions which were made with respect to the employees while the
      employees were members of the Iowa public employees' retirement
      system shall remain in the fund established in section 97B.7, and any
      costs pertaining to the payment of employer contributions to the
      system established in chapter 97A with respect to the period of time
      during which the employees were members of the Iowa public employees'
      retirement system, or any other costs related to the transfer, shall
      be borne by the system established in chapter 97A, notwithstanding
      any other provision of law to the contrary.
         4.  Notwithstanding any other provision of law to the contrary, if
      the board of trustees established in section 97A.5 approves an
      election pursuant to subsection 2, the employees transferred from
      coverage under this chapter to coverage under the system established
      in chapter 97A shall receive credit for years of service under
      chapter 97A for those years of service during which the employees
      were members of the Iowa public employees' retirement system and
      employed in positions specified in subsection 1.  In addition,
      notwithstanding the limitation on covered wages provided in section
      97B.1A, subsection 26, compensation which was paid to an employee in
      a position specified in subsection 1 while the employee was a member
      pursuant to this chapter shall be included in determining the average
      final compensation of the employee pursuant to chapter 97A, if
      applicable.  Employees whose membership is transferred pursuant to
      this section and the employer, the department of public safety, shall
      not be required to pay the difference in the employee and employer
      contributions in effect for the period of time in which the employees
      were members pursuant to this chapter, as compared to the employee
      and employer contributions then in effect for members of the system
      established in chapter 97A.
         5.  It is the intent of the general assembly that in administering
      the provisions of this section, the board of trustees established in
      section 97A.5 and the system shall interpret this section in a manner
      which provides that the employees whose membership is transferred
      shall not lose benefits which would have otherwise accrued had the
      employees been members of the system established in chapter 97A
      during the period of time in which the employees were actually
      members of the Iowa public employees' retirement system.  
         Section History: Recent Form
         94 Acts, ch 1183, §26; 98 Acts, ch 1183, § 82; 2001 Acts, ch 68,
      §21, 24; 2003 Acts, ch 145, §286; 2005 Acts, ch 35, §24; 2007 Acts,
      ch 188, §2
         Referred to in § 97A.3, 97B.49B

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-42b

        97B.42B  TRANSFER TO CHAPTER 97A -- OPTIONS FOR
      CERTAIN PUBLIC SAFETY EMPLOYEES.
         1.  Commencing July 1, 1994, a person who is newly hired in the
      following positions in the department of public safety shall be a
      member of the Iowa department of public safety peace officers'
      retirement, accident, and disability system established in chapter
      97A:
         a.  Gaming enforcement officers employed by the division of
      criminal investigation for excursion boat and gambling structure
      gambling enforcement activities.
         b.  Fire prevention inspector peace officers.
         2.  Commencing July 1, 1994, notwithstanding any other provision
      of law to the contrary, a member who is employed in a position
      specified in subsection 1 prior to July 1, 1994, may elect coverage
      under the Iowa department of public safety peace officers'
      retirement, accident, and disability system established in chapter
      97A, in lieu of continuing contributions to the Iowa public
      employees' retirement system, or may remain a member of the Iowa
      public employees' retirement system.  A member who is employed in a
      position specified in subsection 1 prior to July 1, 1994, must file
      an election for coverage under the Iowa department of public safety
      peace officers' retirement, accident, and disability system with the
      board of trustees established in section 97A.5 on or before July 1,
      1995, or the employee shall remain a member under this chapter and
      shall not be eligible to elect to participate in the system
      established pursuant to chapter 97A at a later date pursuant to this
      section.  The board of trustees established in section 97A.5 shall
      notify the system of elections received pursuant to this section, and
      the board of trustees and the system shall cooperate to facilitate
      the implementation of this section.  Coverage under chapter 97A shall
      commence, and coverage as an active member under this chapter shall
      cease, when the election has been approved by the board of trustees
      established in section 97A.5.
         3.  If an employee elects coverage under chapter 97A as provided
      in subsection 2 and the election is approved by the board of trustees
      established in section 97A.5, membership in the Iowa public
      employees' retirement system shall cease, and the employee shall be
      transferred to membership in the Iowa department of public safety
      peace officers' retirement, accident, and disability system.  The
      system shall transfer the accumulated contributions of these
      employees to the treasurer of state for deposit in the pension
      accumulation fund established in section 97A.8.  However, employer
      contributions which were made with respect to the employees while the
      employees were members of the Iowa public employees' retirement
      system shall remain in the fund established in section 97B.7, and any
      costs pertaining to the payment of employer contributions to the
      system established in chapter 97A with respect to the period of time
      during which the employees were members of the Iowa public employees'
      retirement system, or any other costs related to the transfer, shall
      be borne by the system established in chapter 97A, notwithstanding
      any other provision of law to the contrary.
         4.  Notwithstanding any other provision of law to the contrary, if
      the board of trustees established in section 97A.5 approves an
      election pursuant to subsection 2, the employees transferred from
      coverage under this chapter to coverage under the system established
      in chapter 97A shall receive credit for years of service under
      chapter 97A for those years of service during which the employees
      were members of the Iowa public employees' retirement system and
      employed in positions specified in subsection 1.  In addition,
      notwithstanding the limitation on covered wages provided in section
      97B.1A, subsection 26, compensation which was paid to an employee in
      a position specified in subsection 1 while the employee was a member
      pursuant to this chapter shall be included in determining the average
      final compensation of the employee pursuant to chapter 97A, if
      applicable.  Employees whose membership is transferred pursuant to
      this section and the employer, the department of public safety, shall
      not be required to pay the difference in the employee and employer
      contributions in effect for the period of time in which the employees
      were members pursuant to this chapter, as compared to the employee
      and employer contributions then in effect for members of the system
      established in chapter 97A.
         5.  It is the intent of the general assembly that in administering
      the provisions of this section, the board of trustees established in
      section 97A.5 and the system shall interpret this section in a manner
      which provides that the employees whose membership is transferred
      shall not lose benefits which would have otherwise accrued had the
      employees been members of the system established in chapter 97A
      during the period of time in which the employees were actually
      members of the Iowa public employees' retirement system.  
         Section History: Recent Form
         94 Acts, ch 1183, §26; 98 Acts, ch 1183, § 82; 2001 Acts, ch 68,
      §21, 24; 2003 Acts, ch 145, §286; 2005 Acts, ch 35, §24; 2007 Acts,
      ch 188, §2
         Referred to in § 97A.3, 97B.49B