97B.49B PROTECTION OCCUPATION.
1. Definitions. For purposes of this section:
a. "Applicable percentage" means the greater of the following
percentages:
(1) Sixty percent.
(2) For each active or inactive vested member retiring on or
after July 1, 1996, but before July 1, 2000, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-five
years of service for the member, not to exceed a total of five
additional percentage points.
(3) For each active or inactive vested member retiring on or
after July 1, 2000, but before July 1, 2001, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-four
years of service for the member, not to exceed a total of six
additional percentage points.
(4) For each active or inactive vested member retiring on or
after July 1, 2001, but before July 1, 2002, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-three
years of service for the member, not to exceed a total of seven
additional percentage points.
(5) For each active or inactive vested member retiring on or
after July 1, 2002, but before July 1, 2003, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-two
years of service for the member, not to exceed a total of eight
additional percentage points.
(6) For each active or inactive vested member retiring on or
after July 1, 2003, sixty percent plus, if applicable, an additional
three-eighths of one percentage point for each additional calendar
quarter of eligible service beyond twenty-two years of service for
the member, not to exceed a total of twelve additional percentage
points.
b. "Applicable years of service" means the following:
(1) For each active or inactive vested member retiring on or
after July 1, 1996, and before July 1, 2000, twenty-five.
(2) For each active or inactive vested member retiring on or
after July 1, 2000, and before July 1, 2001, twenty-four.
(3) For each active or inactive vested member retiring on or
after July 1, 2001, and before July 1, 2002, twenty-three.
(4) For each active or inactive vested member retiring on or
after July 1, 2002, twenty-two.
c. "Eligible service" means membership and prior service in a
protection occupation. In addition, for a member with membership and
prior service in a protection occupation described in paragraph
"e", subparagraph (2), eligible service includes membership and
prior service as a sheriff or deputy sheriff as defined in section
97B.49C.
d. "Fraction of years of service" means a number, not to
exceed one, equal to the sum of the years of eligible service in a
protection occupation divided by the applicable years of service for
the member.
e. "Protection occupation" includes all of the following:
(1) A conservation peace officer employed under section 456A.13
or as designated by a county conservation board pursuant to section
350.5.
(2) A marshal in a city not covered under chapter 400 or a fire
fighter or police officer of a city not participating in the
retirement systems established in chapter 410 or 411.
(3) A correctional officer or correctional supervisor employed by
the Iowa department of corrections, and any other employee of that
department whose primary purpose is, through ongoing direct inmate
contact, to enforce and maintain discipline, safety, and security
within a correctional facility. The Iowa department of corrections
and the department of administrative services shall jointly determine
which job classifications are covered under this subparagraph.
(4) An airport safety officer employed under chapter 400 by an
airport commission in a city of one hundred thousand population or
more.
(5) An employee of the state department of transportation who is
designated as a "peace officer" by resolution under section
321.477, but only if the employee retires on or after July 1, 1990.
For purposes of this subparagraph, service as a traffic weight
officer employed by the highway commission prior to the creation of
the state department of transportation or as a peace officer employed
by the Iowa state commerce commission prior to the creation of the
state department of transportation shall be included in computing the
employee's years of membership service.
(6) A fire prevention inspector peace officer employed by the
department of public safety prior to July 1, 1994, who does not elect
coverage under the Iowa department of public safety peace officers'
retirement, accident, and disability system, as provided in section
97B.42B.
(7) An employee covered by the merit system as provided in
chapter 8A, subchapter IV, whose primary duty is providing airport
security and who carries or is licensed to carry a firearm while
performing those duties.
(8) An airport fire fighter employed by the military division of
the department of public defense.
(9) A jailer or detention officer who performs duties as a
jailer, including but not limited to the transportation of inmates,
who is certified as having completed jailer training pursuant to
chapter 80B, and who is employed by a county as a jailer.
(10) An employee covered by the merit system as provided in
chapter 8A, subchapter IV, whose primary duty is providing security
at Iowa national guard installations and facilities and who carries
or is licensed to carry a firearm while performing those duties.
(11) An emergency medical care provider who provides emergency
medical services, as defined in section 147A.1, and who is not a
member of the retirement systems established in chapter 410 or 411.
(12) An investigator employed by a county attorney's office who
is a certified law enforcement officer and who is deputized as an
investigator for the county attorney's office by the sheriff of the
applicable county.
2. Calculation of monthly allowance. Notwithstanding other
provisions of this chapter, a member who is or has been employed in a
protection occupation who retires on or after July 1, 1994, and at
the time of retirement is at least fifty-five years of age may elect
to receive, in lieu of the receipt of any benefits as calculated
pursuant to section 97B.49A or 97B.49D, a monthly retirement
allowance equal to one-twelfth of an amount equal to the applicable
percentage of the three-year average covered wage as a member who has
been employed in a protection occupation multiplied by a fraction of
years of service, with benefits payable during the member's lifetime.
3. Additional contributions.a. Annually, the system shall actuarially determine the cost
of the additional benefits provided for members covered under this
section as a percentage of the covered wages of the employees covered
by this section. Sixty percent of the cost shall be paid by the
employers of employees covered under this section and forty percent
of the cost shall be paid by the employees. The employer and
employee contributions required under this paragraph are in addition
to the contributions paid under sections 97B.11 and 97B.11A.
b. (1) For the fiscal year commencing July 1, 1988, and each
succeeding fiscal year, there is appropriated from the state fish and
game protection fund to the system the amount necessary to pay the
employer share of the cost of the additional benefits provided to
employees covered under subsection 1, paragraph "e", subparagraph
(1).
(2) Annually, during each fiscal year commencing with the fiscal
year beginning July 1, 1988, each applicable city shall pay to the
system the amount necessary to pay the employer share of the cost of
the additional benefits provided to employees of that city covered
under subsection 1, paragraph "e", subparagraphs (2) and (4).
(3) For the fiscal year commencing July 1, 1988, and each
succeeding fiscal year, the department of corrections shall pay to
the system from funds appropriated to the Iowa department of
corrections, the amount necessary to pay the employer share of the
cost of the additional benefits provided to employees covered under
subsection 1, paragraph "e", subparagraph (3).
(4) For the fiscal year commencing July 1, 1990, and each
succeeding fiscal year, the state department of transportation shall
pay to the system, from funds appropriated to the state department of
transportation from the road use tax fund and the primary road fund,
the amount necessary to pay the employer share of the cost of the
additional benefits provided to employees covered under subsection 1,
paragraph "e", subparagraph (5).
(5) For the fiscal year commencing July 1, 1992, and each
succeeding fiscal year, the department of public safety shall pay to
the system from funds appropriated to the department of public
safety, the amount necessary to pay the employer share of the cost of
the additional benefits provided to a fire prevention inspector peace
officer pursuant to subsection 1, paragraph "e", subparagraph
(6).
(6) For the fiscal year commencing July 1, 1994, and each
succeeding fiscal year through the fiscal year ending June 30, 1998,
each judicial district department of correctional services shall pay
to the system from funds appropriated to that judicial district
department of correctional services, the amount necessary to pay the
employer share of the cost of the additional benefits provided to
employees of a judicial district department of correctional services
who are employed as a probation officer III or a parole officer III.
(7) For the fiscal year commencing July 1, 2004, and each
succeeding fiscal year, there is appropriated from the general fund
of the state to the system, from funds not otherwise appropriated, an
amount necessary to pay the employer share of the cost of the
additional benefits provided to airport fire fighters under this
section.
4. Notwithstanding any provision of this chapter to the contrary,
the three-year average covered wage for a member retiring under this
section whose years of eligible service equals or exceeds twenty-two
years of eligible service for that member shall be determined by
calculating the member's eligible combined wage for each year of
eligible service. For purposes of this subsection, "eligible
combined wage" means the wages earned by the member for each
quarter year period from eligible service and from covered employment
that is not eligible service if at least seventy-five percent of the
wages earned was from eligible service.
97B.49B PROTECTION OCCUPATION.
1. Definitions. For purposes of this section:
a. "Applicable percentage" means the greater of the following
percentages:
(1) Sixty percent.
(2) For each active or inactive vested member retiring on or
after July 1, 1996, but before July 1, 2000, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-five
years of service for the member, not to exceed a total of five
additional percentage points.
(3) For each active or inactive vested member retiring on or
after July 1, 2000, but before July 1, 2001, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-four
years of service for the member, not to exceed a total of six
additional percentage points.
(4) For each active or inactive vested member retiring on or
after July 1, 2001, but before July 1, 2002, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-three
years of service for the member, not to exceed a total of seven
additional percentage points.
(5) For each active or inactive vested member retiring on or
after July 1, 2002, but before July 1, 2003, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-two
years of service for the member, not to exceed a total of eight
additional percentage points.
(6) For each active or inactive vested member retiring on or
after July 1, 2003, sixty percent plus, if applicable, an additional
three-eighths of one percentage point for each additional calendar
quarter of eligible service beyond twenty-two years of service for
the member, not to exceed a total of twelve additional percentage
points.
b. "Applicable years of service" means the following:
(1) For each active or inactive vested member retiring on or
after July 1, 1996, and before July 1, 2000, twenty-five.
(2) For each active or inactive vested member retiring on or
after July 1, 2000, and before July 1, 2001, twenty-four.
(3) For each active or inactive vested member retiring on or
after July 1, 2001, and before July 1, 2002, twenty-three.
(4) For each active or inactive vested member retiring on or
after July 1, 2002, twenty-two.
c. "Eligible service" means membership and prior service in a
protection occupation. In addition, for a member with membership and
prior service in a protection occupation described in paragraph
"e", subparagraph (2), eligible service includes membership and
prior service as a sheriff or deputy sheriff as defined in section
97B.49C.
d. "Fraction of years of service" means a number, not to
exceed one, equal to the sum of the years of eligible service in a
protection occupation divided by the applicable years of service for
the member.
e. "Protection occupation" includes all of the following:
(1) A conservation peace officer employed under section 456A.13
or as designated by a county conservation board pursuant to section
350.5.
(2) A marshal in a city not covered under chapter 400 or a fire
fighter or police officer of a city not participating in the
retirement systems established in chapter 410 or 411.
(3) A correctional officer or correctional supervisor employed by
the Iowa department of corrections, and any other employee of that
department whose primary purpose is, through ongoing direct inmate
contact, to enforce and maintain discipline, safety, and security
within a correctional facility. The Iowa department of corrections
and the department of administrative services shall jointly determine
which job classifications are covered under this subparagraph.
(4) An airport safety officer employed under chapter 400 by an
airport commission in a city of one hundred thousand population or
more.
(5) An employee of the state department of transportation who is
designated as a "peace officer" by resolution under section
321.477, but only if the employee retires on or after July 1, 1990.
For purposes of this subparagraph, service as a traffic weight
officer employed by the highway commission prior to the creation of
the state department of transportation or as a peace officer employed
by the Iowa state commerce commission prior to the creation of the
state department of transportation shall be included in computing the
employee's years of membership service.
(6) A fire prevention inspector peace officer employed by the
department of public safety prior to July 1, 1994, who does not elect
coverage under the Iowa department of public safety peace officers'
retirement, accident, and disability system, as provided in section
97B.42B.
(7) An employee covered by the merit system as provided in
chapter 8A, subchapter IV, whose primary duty is providing airport
security and who carries or is licensed to carry a firearm while
performing those duties.
(8) An airport fire fighter employed by the military division of
the department of public defense.
(9) A jailer or detention officer who performs duties as a
jailer, including but not limited to the transportation of inmates,
who is certified as having completed jailer training pursuant to
chapter 80B, and who is employed by a county as a jailer.
(10) An employee covered by the merit system as provided in
chapter 8A, subchapter IV, whose primary duty is providing security
at Iowa national guard installations and facilities and who carries
or is licensed to carry a firearm while performing those duties.
(11) An emergency medical care provider who provides emergency
medical services, as defined in section 147A.1, and who is not a
member of the retirement systems established in chapter 410 or 411.
(12) An investigator employed by a county attorney's office who
is a certified law enforcement officer and who is deputized as an
investigator for the county attorney's office by the sheriff of the
applicable county.
2. Calculation of monthly allowance. Notwithstanding other
provisions of this chapter, a member who is or has been employed in a
protection occupation who retires on or after July 1, 1994, and at
the time of retirement is at least fifty-five years of age may elect
to receive, in lieu of the receipt of any benefits as calculated
pursuant to section 97B.49A or 97B.49D, a monthly retirement
allowance equal to one-twelfth of an amount equal to the applicable
percentage of the three-year average covered wage as a member who has
been employed in a protection occupation multiplied by a fraction of
years of service, with benefits payable during the member's lifetime.
3. Additional contributions.a. Annually, the system shall actuarially determine the cost
of the additional benefits provided for members covered under this
section as a percentage of the covered wages of the employees covered
by this section. Sixty percent of the cost shall be paid by the
employers of employees covered under this section and forty percent
of the cost shall be paid by the employees. The employer and
employee contributions required under this paragraph are in addition
to the contributions paid under sections 97B.11 and 97B.11A.
b. (1) For the fiscal year commencing July 1, 1988, and each
succeeding fiscal year, there is appropriated from the state fish and
game protection fund to the system the amount necessary to pay the
employer share of the cost of the additional benefits provided to
employees covered under subsection 1, paragraph "e", subparagraph
(1).
(2) Annually, during each fiscal year commencing with the fiscal
year beginning July 1, 1988, each applicable city shall pay to the
system the amount necessary to pay the employer share of the cost of
the additional benefits provided to employees of that city covered
under subsection 1, paragraph "e", subparagraphs (2) and (4).
(3) For the fiscal year commencing July 1, 1988, and each
succeeding fiscal year, the department of corrections shall pay to
the system from funds appropriated to the Iowa department of
corrections, the amount necessary to pay the employer share of the
cost of the additional benefits provided to employees covered under
subsection 1, paragraph "e", subparagraph (3).
(4) For the fiscal year commencing July 1, 1990, and each
succeeding fiscal year, the state department of transportation shall
pay to the system, from funds appropriated to the state department of
transportation from the road use tax fund and the primary road fund,
the amount necessary to pay the employer share of the cost of the
additional benefits provided to employees covered under subsection 1,
paragraph "e", subparagraph (5).
(5) For the fiscal year commencing July 1, 1992, and each
succeeding fiscal year, the department of public safety shall pay to
the system from funds appropriated to the department of public
safety, the amount necessary to pay the employer share of the cost of
the additional benefits provided to a fire prevention inspector peace
officer pursuant to subsection 1, paragraph "e", subparagraph
(6).
(6) For the fiscal year commencing July 1, 1994, and each
succeeding fiscal year through the fiscal year ending June 30, 1998,
each judicial district department of correctional services shall pay
to the system from funds appropriated to that judicial district
department of correctional services, the amount necessary to pay the
employer share of the cost of the additional benefits provided to
employees of a judicial district department of correctional services
who are employed as a probation officer III or a parole officer III.
(7) For the fiscal year commencing July 1, 2004, and each
succeeding fiscal year, there is appropriated from the general fund
of the state to the system, from funds not otherwise appropriated, an
amount necessary to pay the employer share of the cost of the
additional benefits provided to airport fire fighters under this
section.
4. Notwithstanding any provision of this chapter to the contrary,
the three-year average covered wage for a member retiring under this
section whose years of eligible service equals or exceeds twenty-two
years of eligible service for that member shall be determined by
calculating the member's eligible combined wage for each year of
eligible service. For purposes of this subsection, "eligible
combined wage" means the wages earned by the member for each
quarter year period from eligible service and from covered employment
that is not eligible service if at least seventy-five percent of the
wages earned was from eligible service.
97B.49B PROTECTION OCCUPATION.
1. Definitions. For purposes of this section:
a. "Applicable percentage" means the greater of the following
percentages:
(1) Sixty percent.
(2) For each active or inactive vested member retiring on or
after July 1, 1996, but before July 1, 2000, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-five
years of service for the member, not to exceed a total of five
additional percentage points.
(3) For each active or inactive vested member retiring on or
after July 1, 2000, but before July 1, 2001, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-four
years of service for the member, not to exceed a total of six
additional percentage points.
(4) For each active or inactive vested member retiring on or
after July 1, 2001, but before July 1, 2002, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-three
years of service for the member, not to exceed a total of seven
additional percentage points.
(5) For each active or inactive vested member retiring on or
after July 1, 2002, but before July 1, 2003, sixty percent plus, if
applicable, an additional one-fourth of one percentage point for each
additional calendar quarter of eligible service beyond twenty-two
years of service for the member, not to exceed a total of eight
additional percentage points.
(6) For each active or inactive vested member retiring on or
after July 1, 2003, sixty percent plus, if applicable, an additional
three-eighths of one percentage point for each additional calendar
quarter of eligible service beyond twenty-two years of service for
the member, not to exceed a total of twelve additional percentage
points.
b. "Applicable years of service" means the following:
(1) For each active or inactive vested member retiring on or
after July 1, 1996, and before July 1, 2000, twenty-five.
(2) For each active or inactive vested member retiring on or
after July 1, 2000, and before July 1, 2001, twenty-four.
(3) For each active or inactive vested member retiring on or
after July 1, 2001, and before July 1, 2002, twenty-three.
(4) For each active or inactive vested member retiring on or
after July 1, 2002, twenty-two.
c. "Eligible service" means membership and prior service in a
protection occupation. In addition, for a member with membership and
prior service in a protection occupation described in paragraph
"e", subparagraph (2), eligible service includes membership and
prior service as a sheriff or deputy sheriff as defined in section
97B.49C.
d. "Fraction of years of service" means a number, not to
exceed one, equal to the sum of the years of eligible service in a
protection occupation divided by the applicable years of service for
the member.
e. "Protection occupation" includes all of the following:
(1) A conservation peace officer employed under section 456A.13
or as designated by a county conservation board pursuant to section
350.5.
(2) A marshal in a city not covered under chapter 400 or a fire
fighter or police officer of a city not participating in the
retirement systems established in chapter 410 or 411.
(3) A correctional officer or correctional supervisor employed by
the Iowa department of corrections, and any other employee of that
department whose primary purpose is, through ongoing direct inmate
contact, to enforce and maintain discipline, safety, and security
within a correctional facility. The Iowa department of corrections
and the department of administrative services shall jointly determine
which job classifications are covered under this subparagraph.
(4) An airport safety officer employed under chapter 400 by an
airport commission in a city of one hundred thousand population or
more.
(5) An employee of the state department of transportation who is
designated as a "peace officer" by resolution under section
321.477, but only if the employee retires on or after July 1, 1990.
For purposes of this subparagraph, service as a traffic weight
officer employed by the highway commission prior to the creation of
the state department of transportation or as a peace officer employed
by the Iowa state commerce commission prior to the creation of the
state department of transportation shall be included in computing the
employee's years of membership service.
(6) A fire prevention inspector peace officer employed by the
department of public safety prior to July 1, 1994, who does not elect
coverage under the Iowa department of public safety peace officers'
retirement, accident, and disability system, as provided in section
97B.42B.
(7) An employee covered by the merit system as provided in
chapter 8A, subchapter IV, whose primary duty is providing airport
security and who carries or is licensed to carry a firearm while
performing those duties.
(8) An airport fire fighter employed by the military division of
the department of public defense.
(9) A jailer or detention officer who performs duties as a
jailer, including but not limited to the transportation of inmates,
who is certified as having completed jailer training pursuant to
chapter 80B, and who is employed by a county as a jailer.
(10) An employee covered by the merit system as provided in
chapter 8A, subchapter IV, whose primary duty is providing security
at Iowa national guard installations and facilities and who carries
or is licensed to carry a firearm while performing those duties.
(11) An emergency medical care provider who provides emergency
medical services, as defined in section 147A.1, and who is not a
member of the retirement systems established in chapter 410 or 411.
(12) An investigator employed by a county attorney's office who
is a certified law enforcement officer and who is deputized as an
investigator for the county attorney's office by the sheriff of the
applicable county.
2. Calculation of monthly allowance. Notwithstanding other
provisions of this chapter, a member who is or has been employed in a
protection occupation who retires on or after July 1, 1994, and at
the time of retirement is at least fifty-five years of age may elect
to receive, in lieu of the receipt of any benefits as calculated
pursuant to section 97B.49A or 97B.49D, a monthly retirement
allowance equal to one-twelfth of an amount equal to the applicable
percentage of the three-year average covered wage as a member who has
been employed in a protection occupation multiplied by a fraction of
years of service, with benefits payable during the member's lifetime.
3. Additional contributions.a. Annually, the system shall actuarially determine the cost
of the additional benefits provided for members covered under this
section as a percentage of the covered wages of the employees covered
by this section. Sixty percent of the cost shall be paid by the
employers of employees covered under this section and forty percent
of the cost shall be paid by the employees. The employer and
employee contributions required under this paragraph are in addition
to the contributions paid under sections 97B.11 and 97B.11A.
b. (1) For the fiscal year commencing July 1, 1988, and each
succeeding fiscal year, there is appropriated from the state fish and
game protection fund to the system the amount necessary to pay the
employer share of the cost of the additional benefits provided to
employees covered under subsection 1, paragraph "e", subparagraph
(1).
(2) Annually, during each fiscal year commencing with the fiscal
year beginning July 1, 1988, each applicable city shall pay to the
system the amount necessary to pay the employer share of the cost of
the additional benefits provided to employees of that city covered
under subsection 1, paragraph "e", subparagraphs (2) and (4).
(3) For the fiscal year commencing July 1, 1988, and each
succeeding fiscal year, the department of corrections shall pay to
the system from funds appropriated to the Iowa department of
corrections, the amount necessary to pay the employer share of the
cost of the additional benefits provided to employees covered under
subsection 1, paragraph "e", subparagraph (3).
(4) For the fiscal year commencing July 1, 1990, and each
succeeding fiscal year, the state department of transportation shall
pay to the system, from funds appropriated to the state department of
transportation from the road use tax fund and the primary road fund,
the amount necessary to pay the employer share of the cost of the
additional benefits provided to employees covered under subsection 1,
paragraph "e", subparagraph (5).
(5) For the fiscal year commencing July 1, 1992, and each
succeeding fiscal year, the department of public safety shall pay to
the system from funds appropriated to the department of public
safety, the amount necessary to pay the employer share of the cost of
the additional benefits provided to a fire prevention inspector peace
officer pursuant to subsection 1, paragraph "e", subparagraph
(6).
(6) For the fiscal year commencing July 1, 1994, and each
succeeding fiscal year through the fiscal year ending June 30, 1998,
each judicial district department of correctional services shall pay
to the system from funds appropriated to that judicial district
department of correctional services, the amount necessary to pay the
employer share of the cost of the additional benefits provided to
employees of a judicial district department of correctional services
who are employed as a probation officer III or a parole officer III.
(7) For the fiscal year commencing July 1, 2004, and each
succeeding fiscal year, there is appropriated from the general fund
of the state to the system, from funds not otherwise appropriated, an
amount necessary to pay the employer share of the cost of the
additional benefits provided to airport fire fighters under this
section.
4. Notwithstanding any provision of this chapter to the contrary,
the three-year average covered wage for a member retiring under this
section whose years of eligible service equals or exceeds twenty-two
years of eligible service for that member shall be determined by
calculating the member's eligible combined wage for each year of
eligible service. For purposes of this subsection, "eligible
combined wage" means the wages earned by the member for each
quarter year period from eligible service and from covered employment
that is not eligible service if at least seventy-five percent of the
wages earned was from eligible service.
