State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-43

        97B.43  PRIOR SERVICE CREDIT.
         Each member in service on July 4, 1953, who made contributions
      under the abolished system, and who has not applied for and qualified
      for benefit payments under the abolished system, shall receive credit
      for years of prior service in the determination of retirement
      allowance payments under this chapter, if the member elects to become
      a member on or before October 1, 1953, the member has not made
      application for a refund of the part of the member's contributions
      under the abolished system which are payable under sections 97.50 to
      97.53, and the member gives written authorization prior to October 1,
      1953, to the commission to credit to the retirement fund the amount
      of the member's contribution which would be subject to a claim for
      refund.  The amount so credited shall, after transfer, be considered
      as a contribution to the retirement system made as of July 4, 1953,
      by the member and shall be included in the determination of the
      amount of moneys payable under this chapter.  However, an employee
      who was under a contract of employment as a teacher in the public
      schools of the state of Iowa at the end of the school year 1952-1953,
      or any person covered by section 97B.1A, subsection 20, paragraph
      "c" or "d", shall be considered as in service as of July 4,
      1953, if they were members of the abolished system.
         Any person with a record of thirty years as a public employee in
      the state of Iowa prior to July 1, 1947, and who is not eligible for
      prior service credit under other provisions of this section, is
      entitled to a credit for years of prior service in the determination
      of the retirement allowance payment under this chapter, provided the
      public employee makes application to the system for credit for prior
      public service, accompanied by verification of the person's claim as
      the system may require.  The person's allowance for prior service
      credits shall be computed in the same manner as otherwise provided in
      this section, but shall not exceed the sum of four hundred fifty
      dollars nor be less than three hundred dollars per annum.  Any such
      person is entitled to receive retirement allowances computed as
      provided by this chapter, effective from the date of application to
      the system, provided such application is approved.  However,
      beginning July 1, 1975, the amount of such person's retirement
      allowance payment received during June 1975, as computed under this
      section shall be increased by two hundred percent and the allowance
      for prior service credits shall not exceed one thousand three hundred
      fifty dollars nor be less than nine hundred dollars per annum.
      Effective July 1, 1987, there is appropriated for each fiscal year
      from the Iowa public employees' retirement fund created in section
      97B.7 to the system an amount sufficient to fund the retirement
      allowance increases paid under this paragraph.  Effective July 1,
      1980, a person with a record of thirty years as a public employee in
      the state of Iowa prior to July 1, 1947, receiving retirement
      allowances under this chapter shall receive the monthly increase in
      benefits provided in section 97B.49G, subsection 3, paragraph
      "a".
         Each individual who on or after July 1, 1978, was an active,
      vested, or retired member and who (1) made application for and
      received a refund of contributions made under the abolished system or
      (2) has on deposit with the retirement fund contributions made under
      the abolished system shall be entitled to credit for years of prior
      service in the determination of retirement allowance payments by
      filing a written election with the system on or after July 1, 1978,
      and by redepositing any withdrawn contributions under the abolished
      system together with interest as stated in this paragraph.  Any
      individual who on or after July 1, 1978, is a retired member and who
      made application for and received a refund of contributions made
      under the abolished system may, by filing a written election with the
      system on or after July 1, 1978, have the system retain fifty percent
      of the monthly increase in retiree benefits that will accrue to the
      individual because of prior service.  If the monthly increase in
      retirement benefits is less than ten dollars, the system shall retain
      five dollars of the scheduled increase, and if the monthly increase
      is less than five dollars, the provisions of this paragraph shall not
      apply.  The system shall continue to retain such funds until the
      withdrawn contributions, together with interest accrued to the month
      in which the written election is filed, have been repaid.  Due notice
      of this provision shall be sent to all retired members on or after
      July 1, 1978.  However, this paragraph shall not apply to any person
      who received a refund of any membership service contributions unless
      the person repaid the membership service contributions pursuant to
      section 97B.80C; but a refund of contributions remitted for the
      calendar quarter ending September 30, 1953, which was based entirely
      upon employment which terminated prior to July 4, 1953, shall not be
      considered as a refund of membership service contributions.  The
      interest to be paid into the fund shall be compounded at the rates
      credited to member accounts from the date of payment of the refund of
      contributions under the abolished system to the date the member
      redeposits the refunded amount.  The provisions of the first
      paragraph of this section relating to the consideration given to
      credited amounts shall apply to the redeposited amounts or to amounts
      left on deposit.  Effective July 1, 1978, the provisions of this
      paragraph shall apply to each individual who on or after July 1,
      1978, was an active, vested, or retired member, but who was not in
      service on July 4, 1953.  The period for filing the written election
      with the system and redepositing any withdrawn contributions together
      with interest accrued shall commence July 1, 1978.  A member who is a
      retired member on or after July 1, 1978, may file written election
      with the system on or after July 1, 1978, to have the system retain
      fifty percent of the monthly increase as provided in this paragraph.

         Effective July 1, 2004, a member eligible for an increased
      retirement allowance because of the repayment of contributions under
      this section is entitled to receipt of adjustment payments beginning
      with the month in which payment was received by the system.  
         Section History: Early Form
         [C46, 50, § 97.13, 97.45; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.43] 
         Section History: Recent Form
         88 Acts, ch 1123, § 1; 88 Acts, ch 1242, § 31; 90 Acts, ch 1240, §
      25; 92 Acts, ch 1201, § 38; 98 Acts, ch 1183, § 26, 82; 2001 Acts, ch
      68, §21, 24; 2003 Acts, ch 145, §175, 286; 2004 Acts, ch 1103, §21,
      22
         Referred to in § 97B.49A, 97B.68

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-43

        97B.43  PRIOR SERVICE CREDIT.
         Each member in service on July 4, 1953, who made contributions
      under the abolished system, and who has not applied for and qualified
      for benefit payments under the abolished system, shall receive credit
      for years of prior service in the determination of retirement
      allowance payments under this chapter, if the member elects to become
      a member on or before October 1, 1953, the member has not made
      application for a refund of the part of the member's contributions
      under the abolished system which are payable under sections 97.50 to
      97.53, and the member gives written authorization prior to October 1,
      1953, to the commission to credit to the retirement fund the amount
      of the member's contribution which would be subject to a claim for
      refund.  The amount so credited shall, after transfer, be considered
      as a contribution to the retirement system made as of July 4, 1953,
      by the member and shall be included in the determination of the
      amount of moneys payable under this chapter.  However, an employee
      who was under a contract of employment as a teacher in the public
      schools of the state of Iowa at the end of the school year 1952-1953,
      or any person covered by section 97B.1A, subsection 20, paragraph
      "c" or "d", shall be considered as in service as of July 4,
      1953, if they were members of the abolished system.
         Any person with a record of thirty years as a public employee in
      the state of Iowa prior to July 1, 1947, and who is not eligible for
      prior service credit under other provisions of this section, is
      entitled to a credit for years of prior service in the determination
      of the retirement allowance payment under this chapter, provided the
      public employee makes application to the system for credit for prior
      public service, accompanied by verification of the person's claim as
      the system may require.  The person's allowance for prior service
      credits shall be computed in the same manner as otherwise provided in
      this section, but shall not exceed the sum of four hundred fifty
      dollars nor be less than three hundred dollars per annum.  Any such
      person is entitled to receive retirement allowances computed as
      provided by this chapter, effective from the date of application to
      the system, provided such application is approved.  However,
      beginning July 1, 1975, the amount of such person's retirement
      allowance payment received during June 1975, as computed under this
      section shall be increased by two hundred percent and the allowance
      for prior service credits shall not exceed one thousand three hundred
      fifty dollars nor be less than nine hundred dollars per annum.
      Effective July 1, 1987, there is appropriated for each fiscal year
      from the Iowa public employees' retirement fund created in section
      97B.7 to the system an amount sufficient to fund the retirement
      allowance increases paid under this paragraph.  Effective July 1,
      1980, a person with a record of thirty years as a public employee in
      the state of Iowa prior to July 1, 1947, receiving retirement
      allowances under this chapter shall receive the monthly increase in
      benefits provided in section 97B.49G, subsection 3, paragraph
      "a".
         Each individual who on or after July 1, 1978, was an active,
      vested, or retired member and who (1) made application for and
      received a refund of contributions made under the abolished system or
      (2) has on deposit with the retirement fund contributions made under
      the abolished system shall be entitled to credit for years of prior
      service in the determination of retirement allowance payments by
      filing a written election with the system on or after July 1, 1978,
      and by redepositing any withdrawn contributions under the abolished
      system together with interest as stated in this paragraph.  Any
      individual who on or after July 1, 1978, is a retired member and who
      made application for and received a refund of contributions made
      under the abolished system may, by filing a written election with the
      system on or after July 1, 1978, have the system retain fifty percent
      of the monthly increase in retiree benefits that will accrue to the
      individual because of prior service.  If the monthly increase in
      retirement benefits is less than ten dollars, the system shall retain
      five dollars of the scheduled increase, and if the monthly increase
      is less than five dollars, the provisions of this paragraph shall not
      apply.  The system shall continue to retain such funds until the
      withdrawn contributions, together with interest accrued to the month
      in which the written election is filed, have been repaid.  Due notice
      of this provision shall be sent to all retired members on or after
      July 1, 1978.  However, this paragraph shall not apply to any person
      who received a refund of any membership service contributions unless
      the person repaid the membership service contributions pursuant to
      section 97B.80C; but a refund of contributions remitted for the
      calendar quarter ending September 30, 1953, which was based entirely
      upon employment which terminated prior to July 4, 1953, shall not be
      considered as a refund of membership service contributions.  The
      interest to be paid into the fund shall be compounded at the rates
      credited to member accounts from the date of payment of the refund of
      contributions under the abolished system to the date the member
      redeposits the refunded amount.  The provisions of the first
      paragraph of this section relating to the consideration given to
      credited amounts shall apply to the redeposited amounts or to amounts
      left on deposit.  Effective July 1, 1978, the provisions of this
      paragraph shall apply to each individual who on or after July 1,
      1978, was an active, vested, or retired member, but who was not in
      service on July 4, 1953.  The period for filing the written election
      with the system and redepositing any withdrawn contributions together
      with interest accrued shall commence July 1, 1978.  A member who is a
      retired member on or after July 1, 1978, may file written election
      with the system on or after July 1, 1978, to have the system retain
      fifty percent of the monthly increase as provided in this paragraph.

         Effective July 1, 2004, a member eligible for an increased
      retirement allowance because of the repayment of contributions under
      this section is entitled to receipt of adjustment payments beginning
      with the month in which payment was received by the system.  
         Section History: Early Form
         [C46, 50, § 97.13, 97.45; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.43] 
         Section History: Recent Form
         88 Acts, ch 1123, § 1; 88 Acts, ch 1242, § 31; 90 Acts, ch 1240, §
      25; 92 Acts, ch 1201, § 38; 98 Acts, ch 1183, § 26, 82; 2001 Acts, ch
      68, §21, 24; 2003 Acts, ch 145, §175, 286; 2004 Acts, ch 1103, §21,
      22
         Referred to in § 97B.49A, 97B.68

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-43

        97B.43  PRIOR SERVICE CREDIT.
         Each member in service on July 4, 1953, who made contributions
      under the abolished system, and who has not applied for and qualified
      for benefit payments under the abolished system, shall receive credit
      for years of prior service in the determination of retirement
      allowance payments under this chapter, if the member elects to become
      a member on or before October 1, 1953, the member has not made
      application for a refund of the part of the member's contributions
      under the abolished system which are payable under sections 97.50 to
      97.53, and the member gives written authorization prior to October 1,
      1953, to the commission to credit to the retirement fund the amount
      of the member's contribution which would be subject to a claim for
      refund.  The amount so credited shall, after transfer, be considered
      as a contribution to the retirement system made as of July 4, 1953,
      by the member and shall be included in the determination of the
      amount of moneys payable under this chapter.  However, an employee
      who was under a contract of employment as a teacher in the public
      schools of the state of Iowa at the end of the school year 1952-1953,
      or any person covered by section 97B.1A, subsection 20, paragraph
      "c" or "d", shall be considered as in service as of July 4,
      1953, if they were members of the abolished system.
         Any person with a record of thirty years as a public employee in
      the state of Iowa prior to July 1, 1947, and who is not eligible for
      prior service credit under other provisions of this section, is
      entitled to a credit for years of prior service in the determination
      of the retirement allowance payment under this chapter, provided the
      public employee makes application to the system for credit for prior
      public service, accompanied by verification of the person's claim as
      the system may require.  The person's allowance for prior service
      credits shall be computed in the same manner as otherwise provided in
      this section, but shall not exceed the sum of four hundred fifty
      dollars nor be less than three hundred dollars per annum.  Any such
      person is entitled to receive retirement allowances computed as
      provided by this chapter, effective from the date of application to
      the system, provided such application is approved.  However,
      beginning July 1, 1975, the amount of such person's retirement
      allowance payment received during June 1975, as computed under this
      section shall be increased by two hundred percent and the allowance
      for prior service credits shall not exceed one thousand three hundred
      fifty dollars nor be less than nine hundred dollars per annum.
      Effective July 1, 1987, there is appropriated for each fiscal year
      from the Iowa public employees' retirement fund created in section
      97B.7 to the system an amount sufficient to fund the retirement
      allowance increases paid under this paragraph.  Effective July 1,
      1980, a person with a record of thirty years as a public employee in
      the state of Iowa prior to July 1, 1947, receiving retirement
      allowances under this chapter shall receive the monthly increase in
      benefits provided in section 97B.49G, subsection 3, paragraph
      "a".
         Each individual who on or after July 1, 1978, was an active,
      vested, or retired member and who (1) made application for and
      received a refund of contributions made under the abolished system or
      (2) has on deposit with the retirement fund contributions made under
      the abolished system shall be entitled to credit for years of prior
      service in the determination of retirement allowance payments by
      filing a written election with the system on or after July 1, 1978,
      and by redepositing any withdrawn contributions under the abolished
      system together with interest as stated in this paragraph.  Any
      individual who on or after July 1, 1978, is a retired member and who
      made application for and received a refund of contributions made
      under the abolished system may, by filing a written election with the
      system on or after July 1, 1978, have the system retain fifty percent
      of the monthly increase in retiree benefits that will accrue to the
      individual because of prior service.  If the monthly increase in
      retirement benefits is less than ten dollars, the system shall retain
      five dollars of the scheduled increase, and if the monthly increase
      is less than five dollars, the provisions of this paragraph shall not
      apply.  The system shall continue to retain such funds until the
      withdrawn contributions, together with interest accrued to the month
      in which the written election is filed, have been repaid.  Due notice
      of this provision shall be sent to all retired members on or after
      July 1, 1978.  However, this paragraph shall not apply to any person
      who received a refund of any membership service contributions unless
      the person repaid the membership service contributions pursuant to
      section 97B.80C; but a refund of contributions remitted for the
      calendar quarter ending September 30, 1953, which was based entirely
      upon employment which terminated prior to July 4, 1953, shall not be
      considered as a refund of membership service contributions.  The
      interest to be paid into the fund shall be compounded at the rates
      credited to member accounts from the date of payment of the refund of
      contributions under the abolished system to the date the member
      redeposits the refunded amount.  The provisions of the first
      paragraph of this section relating to the consideration given to
      credited amounts shall apply to the redeposited amounts or to amounts
      left on deposit.  Effective July 1, 1978, the provisions of this
      paragraph shall apply to each individual who on or after July 1,
      1978, was an active, vested, or retired member, but who was not in
      service on July 4, 1953.  The period for filing the written election
      with the system and redepositing any withdrawn contributions together
      with interest accrued shall commence July 1, 1978.  A member who is a
      retired member on or after July 1, 1978, may file written election
      with the system on or after July 1, 1978, to have the system retain
      fifty percent of the monthly increase as provided in this paragraph.

         Effective July 1, 2004, a member eligible for an increased
      retirement allowance because of the repayment of contributions under
      this section is entitled to receipt of adjustment payments beginning
      with the month in which payment was received by the system.  
         Section History: Early Form
         [C46, 50, § 97.13, 97.45; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.43] 
         Section History: Recent Form
         88 Acts, ch 1123, § 1; 88 Acts, ch 1242, § 31; 90 Acts, ch 1240, §
      25; 92 Acts, ch 1201, § 38; 98 Acts, ch 1183, § 26, 82; 2001 Acts, ch
      68, §21, 24; 2003 Acts, ch 145, §175, 286; 2004 Acts, ch 1103, §21,
      22
         Referred to in § 97B.49A, 97B.68