State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-48

        97B.48  PAYMENT OF ALLOWANCES.
         1.  Retirement allowances shall be paid monthly, except that, if
      an allowance of less than six hundred dollars a year is payable
      pursuant to section 97B.51, subsection 1, paragraph "b", the
      member's retirement benefit shall be paid as a lump sum in an amount
      equal to the sum of the member's and employer's accumulated
      contributions and the retirement dividends standing to the member's
      credit before December 31, 1966.  Receipt of the lump sum payment by
      a member shall terminate any and all entitlement for the period of
      service covered of the member under this chapter and the member shall
      not be eligible to buy back the period of service.
         2.  The first monthly payment of a retirement allowance shall be
      paid as of the member's first month of entitlement.  The payments
      shall be continued thereafter for the lifetime of the retired member
      except as provided in section 97B.48A.
         3.  On or before the first of the month in which a member attains
      the age of seventy years, the system shall provide written
      notification to each member for whom the system has an address that
      the member may commence receiving a retirement allowance regardless
      of the member's employment status.  Prior to receiving a retirement
      allowance pursuant to this subsection, a member shall acknowledge in
      writing that the member was informed by the system of the
      consequences of electing to receive a retirement allowance pursuant
      to this subsection and that receipt of a retirement allowance under
      this subsection is optional.  Upon termination from employment of a
      member receiving a retirement allowance pursuant to this subsection,
      the member is entitled to have the member's monthly retirement
      allowance recalculated using the applicable formula for determining a
      retirement allowance pursuant to sections 97B.49A through 97B.49G, as
      applicable, in place at the time of the member's first month of
      entitlement.
         4.  Payment of a member's retirement allowance pursuant to
      sections 97B.49A through 97B.49H shall commence no later than the
      required beginning date specified under section 401(a)(9) of the
      federal Internal Revenue Code regardless of whether the member has
      submitted the appropriate notice to receive an allowance.  If the
      lump sum actuarial equivalent under subsection 1 could have been
      selected by the member, payments shall be made in a lump sum rather
      than as a monthly allowance.
         5.  Effective on such date as the system determines by rule, but
      in no event later than July 1, 2006, if the system determines that
      the lump sum amount payable to a living member who has had a break in
      service or to a beneficiary of a deceased member is less than the
      current maximum amount prescribed by the internal revenue service
      that may be distributed without triggering automatic rollover rights,
      the lump sum amount payable under this chapter shall be paid to the
      living member or beneficiary in full satisfaction of all rights of
      the member or beneficiary to receive any payments under the system.
      For purposes of this section, a "break in service" means twenty
      consecutive calendar quarters in which no wages are reported to the
      system.  The lump sum payment shall be made within one hundred eighty
      days after the calendar quarter in which the member completes a break
      in service or dies, whichever is applicable.  A member or beneficiary
      who receives a mandatory distribution under this subsection shall
      have sixty days to return the distribution to the system and restore
      the member's or beneficiary's account.
         6.  Effective July 1, 2005, monthly retirement allowance payments
      shall be directly deposited without charge to a retired member's
      account via electronic funds transfer.  A retired member may elect to
      receive monthly allowance payments as paper warrants in lieu of
      electronic funds transfers, but the system shall charge an
      administrative fee for processing such paper warrants.  However, the
      system may, for good cause shown, waive the administrative fee.  The
      fee may be automatically deducted from the monthly retirement
      allowance before the warrant is issued to the retired member.  
         Section History: Early Form
         [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 97B.48; 82 Acts, ch
      1261, § 18] 
         Section History: Recent Form
         88 Acts, ch 1242, § 35; 90 Acts, ch 1240, § 26, 27; 92 Acts, ch
      1201, § 40, 41; 94 Acts, ch 1183, §29; 96 Acts, ch 1187, § 27; 98
      Acts, ch 1183, § 30, 31; 2000 Acts, ch 1077, §31, 32; 2001 Acts, ch
      68, §21, 24; 2002 Acts, ch 1135, §18; 2003 Acts, ch 145, §286; 2004
      Acts, ch 1103, §26--28; 2006 Acts, ch 1092, §4, 8
         Referred to in § 97B.48A, 97B.52, 97B.52A 
         Footnotes
         2006 amendments to subsection 5 take effect April 26, 2006, and
      apply retroactively on and after January 1, 2006; 2006 Acts, ch 1092,
      §8

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-48

        97B.48  PAYMENT OF ALLOWANCES.
         1.  Retirement allowances shall be paid monthly, except that, if
      an allowance of less than six hundred dollars a year is payable
      pursuant to section 97B.51, subsection 1, paragraph "b", the
      member's retirement benefit shall be paid as a lump sum in an amount
      equal to the sum of the member's and employer's accumulated
      contributions and the retirement dividends standing to the member's
      credit before December 31, 1966.  Receipt of the lump sum payment by
      a member shall terminate any and all entitlement for the period of
      service covered of the member under this chapter and the member shall
      not be eligible to buy back the period of service.
         2.  The first monthly payment of a retirement allowance shall be
      paid as of the member's first month of entitlement.  The payments
      shall be continued thereafter for the lifetime of the retired member
      except as provided in section 97B.48A.
         3.  On or before the first of the month in which a member attains
      the age of seventy years, the system shall provide written
      notification to each member for whom the system has an address that
      the member may commence receiving a retirement allowance regardless
      of the member's employment status.  Prior to receiving a retirement
      allowance pursuant to this subsection, a member shall acknowledge in
      writing that the member was informed by the system of the
      consequences of electing to receive a retirement allowance pursuant
      to this subsection and that receipt of a retirement allowance under
      this subsection is optional.  Upon termination from employment of a
      member receiving a retirement allowance pursuant to this subsection,
      the member is entitled to have the member's monthly retirement
      allowance recalculated using the applicable formula for determining a
      retirement allowance pursuant to sections 97B.49A through 97B.49G, as
      applicable, in place at the time of the member's first month of
      entitlement.
         4.  Payment of a member's retirement allowance pursuant to
      sections 97B.49A through 97B.49H shall commence no later than the
      required beginning date specified under section 401(a)(9) of the
      federal Internal Revenue Code regardless of whether the member has
      submitted the appropriate notice to receive an allowance.  If the
      lump sum actuarial equivalent under subsection 1 could have been
      selected by the member, payments shall be made in a lump sum rather
      than as a monthly allowance.
         5.  Effective on such date as the system determines by rule, but
      in no event later than July 1, 2006, if the system determines that
      the lump sum amount payable to a living member who has had a break in
      service or to a beneficiary of a deceased member is less than the
      current maximum amount prescribed by the internal revenue service
      that may be distributed without triggering automatic rollover rights,
      the lump sum amount payable under this chapter shall be paid to the
      living member or beneficiary in full satisfaction of all rights of
      the member or beneficiary to receive any payments under the system.
      For purposes of this section, a "break in service" means twenty
      consecutive calendar quarters in which no wages are reported to the
      system.  The lump sum payment shall be made within one hundred eighty
      days after the calendar quarter in which the member completes a break
      in service or dies, whichever is applicable.  A member or beneficiary
      who receives a mandatory distribution under this subsection shall
      have sixty days to return the distribution to the system and restore
      the member's or beneficiary's account.
         6.  Effective July 1, 2005, monthly retirement allowance payments
      shall be directly deposited without charge to a retired member's
      account via electronic funds transfer.  A retired member may elect to
      receive monthly allowance payments as paper warrants in lieu of
      electronic funds transfers, but the system shall charge an
      administrative fee for processing such paper warrants.  However, the
      system may, for good cause shown, waive the administrative fee.  The
      fee may be automatically deducted from the monthly retirement
      allowance before the warrant is issued to the retired member.  
         Section History: Early Form
         [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 97B.48; 82 Acts, ch
      1261, § 18] 
         Section History: Recent Form
         88 Acts, ch 1242, § 35; 90 Acts, ch 1240, § 26, 27; 92 Acts, ch
      1201, § 40, 41; 94 Acts, ch 1183, §29; 96 Acts, ch 1187, § 27; 98
      Acts, ch 1183, § 30, 31; 2000 Acts, ch 1077, §31, 32; 2001 Acts, ch
      68, §21, 24; 2002 Acts, ch 1135, §18; 2003 Acts, ch 145, §286; 2004
      Acts, ch 1103, §26--28; 2006 Acts, ch 1092, §4, 8
         Referred to in § 97B.48A, 97B.52, 97B.52A 
         Footnotes
         2006 amendments to subsection 5 take effect April 26, 2006, and
      apply retroactively on and after January 1, 2006; 2006 Acts, ch 1092,
      §8

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-48

        97B.48  PAYMENT OF ALLOWANCES.
         1.  Retirement allowances shall be paid monthly, except that, if
      an allowance of less than six hundred dollars a year is payable
      pursuant to section 97B.51, subsection 1, paragraph "b", the
      member's retirement benefit shall be paid as a lump sum in an amount
      equal to the sum of the member's and employer's accumulated
      contributions and the retirement dividends standing to the member's
      credit before December 31, 1966.  Receipt of the lump sum payment by
      a member shall terminate any and all entitlement for the period of
      service covered of the member under this chapter and the member shall
      not be eligible to buy back the period of service.
         2.  The first monthly payment of a retirement allowance shall be
      paid as of the member's first month of entitlement.  The payments
      shall be continued thereafter for the lifetime of the retired member
      except as provided in section 97B.48A.
         3.  On or before the first of the month in which a member attains
      the age of seventy years, the system shall provide written
      notification to each member for whom the system has an address that
      the member may commence receiving a retirement allowance regardless
      of the member's employment status.  Prior to receiving a retirement
      allowance pursuant to this subsection, a member shall acknowledge in
      writing that the member was informed by the system of the
      consequences of electing to receive a retirement allowance pursuant
      to this subsection and that receipt of a retirement allowance under
      this subsection is optional.  Upon termination from employment of a
      member receiving a retirement allowance pursuant to this subsection,
      the member is entitled to have the member's monthly retirement
      allowance recalculated using the applicable formula for determining a
      retirement allowance pursuant to sections 97B.49A through 97B.49G, as
      applicable, in place at the time of the member's first month of
      entitlement.
         4.  Payment of a member's retirement allowance pursuant to
      sections 97B.49A through 97B.49H shall commence no later than the
      required beginning date specified under section 401(a)(9) of the
      federal Internal Revenue Code regardless of whether the member has
      submitted the appropriate notice to receive an allowance.  If the
      lump sum actuarial equivalent under subsection 1 could have been
      selected by the member, payments shall be made in a lump sum rather
      than as a monthly allowance.
         5.  Effective on such date as the system determines by rule, but
      in no event later than July 1, 2006, if the system determines that
      the lump sum amount payable to a living member who has had a break in
      service or to a beneficiary of a deceased member is less than the
      current maximum amount prescribed by the internal revenue service
      that may be distributed without triggering automatic rollover rights,
      the lump sum amount payable under this chapter shall be paid to the
      living member or beneficiary in full satisfaction of all rights of
      the member or beneficiary to receive any payments under the system.
      For purposes of this section, a "break in service" means twenty
      consecutive calendar quarters in which no wages are reported to the
      system.  The lump sum payment shall be made within one hundred eighty
      days after the calendar quarter in which the member completes a break
      in service or dies, whichever is applicable.  A member or beneficiary
      who receives a mandatory distribution under this subsection shall
      have sixty days to return the distribution to the system and restore
      the member's or beneficiary's account.
         6.  Effective July 1, 2005, monthly retirement allowance payments
      shall be directly deposited without charge to a retired member's
      account via electronic funds transfer.  A retired member may elect to
      receive monthly allowance payments as paper warrants in lieu of
      electronic funds transfers, but the system shall charge an
      administrative fee for processing such paper warrants.  However, the
      system may, for good cause shown, waive the administrative fee.  The
      fee may be automatically deducted from the monthly retirement
      allowance before the warrant is issued to the retired member.  
         Section History: Early Form
         [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 97B.48; 82 Acts, ch
      1261, § 18] 
         Section History: Recent Form
         88 Acts, ch 1242, § 35; 90 Acts, ch 1240, § 26, 27; 92 Acts, ch
      1201, § 40, 41; 94 Acts, ch 1183, §29; 96 Acts, ch 1187, § 27; 98
      Acts, ch 1183, § 30, 31; 2000 Acts, ch 1077, §31, 32; 2001 Acts, ch
      68, §21, 24; 2002 Acts, ch 1135, §18; 2003 Acts, ch 145, §286; 2004
      Acts, ch 1103, §26--28; 2006 Acts, ch 1092, §4, 8
         Referred to in § 97B.48A, 97B.52, 97B.52A 
         Footnotes
         2006 amendments to subsection 5 take effect April 26, 2006, and
      apply retroactively on and after January 1, 2006; 2006 Acts, ch 1092,
      §8