State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-49c

        97B.49C  SHERIFFS AND DEPUTY SHERIFFS.
         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, and before July 1, 1998, 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, not to exceed a total of five additional percentage
      points.
         (3)  For each active or inactive vested member retiring on or
      after July 1, 1998, 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, not
      to exceed a total of twelve additional percentage points.
         b.  "Deputy sheriff" means a deputy sheriff appointed pursuant
      to section 341.1 prior to July 1, 1981, or section 331.903 on or
      after July 1, 1981.
         c.  "Eligible service" means membership and prior service as a
      sheriff or deputy sheriff under this section.  In addition, eligible
      service includes membership and prior service as a member in a
      protection occupation as defined in section 97B.49B.
         d.  "Fraction of years of service" means a number, not to
      exceed one, equal to the sum of the years of eligible service under
      this section divided by twenty-two years.
         e.  "Sheriff" means a county sheriff as defined in section
      39.17.
         2.  Calculation of monthly allowance.
         a.  Notwithstanding other provisions of this chapter, a member
      who retires from employment as a sheriff, deputy sheriff, or airport
      fire fighter on or after July 1, 1994, and before July 1, 2004, 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 eligible service multiplied by a
      fraction of years of service, with benefits payable during the
      member's lifetime.
         b.  Notwithstanding other provisions of this chapter, a member
      who retires from employment as a sheriff or deputy sheriff on or
      after July 1, 2004, and at the time of retirement is either at least
      fifty-five years of age or is at least the applicable early
      retirement age with at least twenty-two years of eligible service 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 eligible service multiplied by a
      fraction of years of service, with benefits payable during the
      member's lifetime.
         c.  For purposes of this subsection, "applicable early
      retirement age" means the following:
         (1)  For each active or inactive vested member retiring on or
      after July 1, 2004, and before July 1, 2005, fifty-four years of age.

         (2)  For each active or inactive vested member retiring on or
      after July 1, 2005, and before July 1, 2006, fifty-three years of
      age.
         (3)  For each active or inactive vested member retiring on or
      after July 1, 2006, and before July 1, 2007, fifty-two years of age.

         (4)  For each active or inactive vested member retiring on or
      after July 1, 2007, and before July 1, 2008, fifty-one years of age.

         (5)  For each active or inactive vested member retiring on or
      after July 1, 2008, fifty years of age.
         3.  Additional contributions.
         a.  Annually, the system shall actuarially determine the cost
      of the benefits provided for members covered under this section as a
      percentage of the covered wages of the employees covered by this
      section.  Notwithstanding any provision of section 97B.11 to the
      contrary, fifty percent of the cost shall be paid by the employers of
      employees covered under this section and fifty percent of the cost
      shall be paid by the employees.  The employer and employee
      contributions required under this paragraph shall be treated as
      contributions paid under sections 97B.11 and 97B.11A.
         b.  Annually, during each fiscal year commencing with the
      fiscal year beginning July 1, 1988, each county shall pay to the
      system the amount necessary to pay the employer share of the cost of
      the benefits provided to sheriffs and deputy sheriffs.
         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 quarter 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.  
         Section History: Recent Form
         98 Acts, ch 1183, §37; 2001 Acts, ch 68, §21, 24; 2002 Acts, ch
      1135, §22; 2003 Acts, ch 145, §286; 2004 Acts, ch 1103, §34--38; 2005
      Acts, ch 19, §29; 2006 Acts, ch 1091, §6; 2006 Acts, ch 1092, §5
         Referred to in § 97A.6, 97B.1A, 97B.11, 97B.46, 97B.48, 97B.48A,
      97B.49B, 97B.49D, 97B.50, 97B.50A, 97B.51, 97B.52, 97B.53, 97B.80,
      97D.3, 411.6, 602.11115, 602.11116 
         Footnotes
         For future amendment striking paragraph a of subsection 3,
      effective July 1, 2011, see 2008 Acts, ch 1171, §33, 48, 49

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-49c

        97B.49C  SHERIFFS AND DEPUTY SHERIFFS.
         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, and before July 1, 1998, 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, not to exceed a total of five additional percentage
      points.
         (3)  For each active or inactive vested member retiring on or
      after July 1, 1998, 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, not
      to exceed a total of twelve additional percentage points.
         b.  "Deputy sheriff" means a deputy sheriff appointed pursuant
      to section 341.1 prior to July 1, 1981, or section 331.903 on or
      after July 1, 1981.
         c.  "Eligible service" means membership and prior service as a
      sheriff or deputy sheriff under this section.  In addition, eligible
      service includes membership and prior service as a member in a
      protection occupation as defined in section 97B.49B.
         d.  "Fraction of years of service" means a number, not to
      exceed one, equal to the sum of the years of eligible service under
      this section divided by twenty-two years.
         e.  "Sheriff" means a county sheriff as defined in section
      39.17.
         2.  Calculation of monthly allowance.
         a.  Notwithstanding other provisions of this chapter, a member
      who retires from employment as a sheriff, deputy sheriff, or airport
      fire fighter on or after July 1, 1994, and before July 1, 2004, 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 eligible service multiplied by a
      fraction of years of service, with benefits payable during the
      member's lifetime.
         b.  Notwithstanding other provisions of this chapter, a member
      who retires from employment as a sheriff or deputy sheriff on or
      after July 1, 2004, and at the time of retirement is either at least
      fifty-five years of age or is at least the applicable early
      retirement age with at least twenty-two years of eligible service 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 eligible service multiplied by a
      fraction of years of service, with benefits payable during the
      member's lifetime.
         c.  For purposes of this subsection, "applicable early
      retirement age" means the following:
         (1)  For each active or inactive vested member retiring on or
      after July 1, 2004, and before July 1, 2005, fifty-four years of age.

         (2)  For each active or inactive vested member retiring on or
      after July 1, 2005, and before July 1, 2006, fifty-three years of
      age.
         (3)  For each active or inactive vested member retiring on or
      after July 1, 2006, and before July 1, 2007, fifty-two years of age.

         (4)  For each active or inactive vested member retiring on or
      after July 1, 2007, and before July 1, 2008, fifty-one years of age.

         (5)  For each active or inactive vested member retiring on or
      after July 1, 2008, fifty years of age.
         3.  Additional contributions.
         a.  Annually, the system shall actuarially determine the cost
      of the benefits provided for members covered under this section as a
      percentage of the covered wages of the employees covered by this
      section.  Notwithstanding any provision of section 97B.11 to the
      contrary, fifty percent of the cost shall be paid by the employers of
      employees covered under this section and fifty percent of the cost
      shall be paid by the employees.  The employer and employee
      contributions required under this paragraph shall be treated as
      contributions paid under sections 97B.11 and 97B.11A.
         b.  Annually, during each fiscal year commencing with the
      fiscal year beginning July 1, 1988, each county shall pay to the
      system the amount necessary to pay the employer share of the cost of
      the benefits provided to sheriffs and deputy sheriffs.
         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 quarter 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.  
         Section History: Recent Form
         98 Acts, ch 1183, §37; 2001 Acts, ch 68, §21, 24; 2002 Acts, ch
      1135, §22; 2003 Acts, ch 145, §286; 2004 Acts, ch 1103, §34--38; 2005
      Acts, ch 19, §29; 2006 Acts, ch 1091, §6; 2006 Acts, ch 1092, §5
         Referred to in § 97A.6, 97B.1A, 97B.11, 97B.46, 97B.48, 97B.48A,
      97B.49B, 97B.49D, 97B.50, 97B.50A, 97B.51, 97B.52, 97B.53, 97B.80,
      97D.3, 411.6, 602.11115, 602.11116 
         Footnotes
         For future amendment striking paragraph a of subsection 3,
      effective July 1, 2011, see 2008 Acts, ch 1171, §33, 48, 49

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-49c

        97B.49C  SHERIFFS AND DEPUTY SHERIFFS.
         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, and before July 1, 1998, 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, not to exceed a total of five additional percentage
      points.
         (3)  For each active or inactive vested member retiring on or
      after July 1, 1998, 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, not
      to exceed a total of twelve additional percentage points.
         b.  "Deputy sheriff" means a deputy sheriff appointed pursuant
      to section 341.1 prior to July 1, 1981, or section 331.903 on or
      after July 1, 1981.
         c.  "Eligible service" means membership and prior service as a
      sheriff or deputy sheriff under this section.  In addition, eligible
      service includes membership and prior service as a member in a
      protection occupation as defined in section 97B.49B.
         d.  "Fraction of years of service" means a number, not to
      exceed one, equal to the sum of the years of eligible service under
      this section divided by twenty-two years.
         e.  "Sheriff" means a county sheriff as defined in section
      39.17.
         2.  Calculation of monthly allowance.
         a.  Notwithstanding other provisions of this chapter, a member
      who retires from employment as a sheriff, deputy sheriff, or airport
      fire fighter on or after July 1, 1994, and before July 1, 2004, 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 eligible service multiplied by a
      fraction of years of service, with benefits payable during the
      member's lifetime.
         b.  Notwithstanding other provisions of this chapter, a member
      who retires from employment as a sheriff or deputy sheriff on or
      after July 1, 2004, and at the time of retirement is either at least
      fifty-five years of age or is at least the applicable early
      retirement age with at least twenty-two years of eligible service 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 eligible service multiplied by a
      fraction of years of service, with benefits payable during the
      member's lifetime.
         c.  For purposes of this subsection, "applicable early
      retirement age" means the following:
         (1)  For each active or inactive vested member retiring on or
      after July 1, 2004, and before July 1, 2005, fifty-four years of age.

         (2)  For each active or inactive vested member retiring on or
      after July 1, 2005, and before July 1, 2006, fifty-three years of
      age.
         (3)  For each active or inactive vested member retiring on or
      after July 1, 2006, and before July 1, 2007, fifty-two years of age.

         (4)  For each active or inactive vested member retiring on or
      after July 1, 2007, and before July 1, 2008, fifty-one years of age.

         (5)  For each active or inactive vested member retiring on or
      after July 1, 2008, fifty years of age.
         3.  Additional contributions.
         a.  Annually, the system shall actuarially determine the cost
      of the benefits provided for members covered under this section as a
      percentage of the covered wages of the employees covered by this
      section.  Notwithstanding any provision of section 97B.11 to the
      contrary, fifty percent of the cost shall be paid by the employers of
      employees covered under this section and fifty percent of the cost
      shall be paid by the employees.  The employer and employee
      contributions required under this paragraph shall be treated as
      contributions paid under sections 97B.11 and 97B.11A.
         b.  Annually, during each fiscal year commencing with the
      fiscal year beginning July 1, 1988, each county shall pay to the
      system the amount necessary to pay the employer share of the cost of
      the benefits provided to sheriffs and deputy sheriffs.
         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 quarter 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.  
         Section History: Recent Form
         98 Acts, ch 1183, §37; 2001 Acts, ch 68, §21, 24; 2002 Acts, ch
      1135, §22; 2003 Acts, ch 145, §286; 2004 Acts, ch 1103, §34--38; 2005
      Acts, ch 19, §29; 2006 Acts, ch 1091, §6; 2006 Acts, ch 1092, §5
         Referred to in § 97A.6, 97B.1A, 97B.11, 97B.46, 97B.48, 97B.48A,
      97B.49B, 97B.49D, 97B.50, 97B.50A, 97B.51, 97B.52, 97B.53, 97B.80,
      97D.3, 411.6, 602.11115, 602.11116 
         Footnotes
         For future amendment striking paragraph a of subsection 3,
      effective July 1, 2011, see 2008 Acts, ch 1171, §33, 48, 49