State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-50

        97B.50  EARLY RETIREMENT.
         1.  Except as otherwise provided in this section, a vested member
      who is at least fifty-five years of age, upon retirement prior to the
      normal retirement date for that member, is entitled to receive a
      monthly retirement allowance determined in the same manner as
      provided for normal retirement in sections 97B.49A, 97B.49E, and
      97B.49G, reduced as follows:
         a.  For a member who is less than sixty-two years of age, by
      twenty-five hundredths of one percent per month for each month that
      the early retirement date precedes the normal retirement date.
         b.  For a member who is at least sixty-two years of age and
      who has not completed twenty years of membership service and prior
      service, by twenty-five hundredths of one percent per month for each
      month that the early retirement date precedes the normal retirement
      date.
         2. a.  A vested member who retires from the retirement system
      due to disability and commences receiving disability benefits
      pursuant to the federal Social Security Act, 42 U.S.C. § 423 et seq.,
      and who has not reached the normal retirement date, shall receive
      benefits as selected under section 97B.51, and shall not have
      benefits reduced upon retirement as required under subsection 1
      regardless of whether the member has completed thirty or more years
      of membership service.  However, the benefits shall be suspended
      during any period in which the member returns to covered employment.
      This section takes effect July 1, 1990, for a member meeting the
      requirements of this paragraph who retired from the retirement system
      at any time after July 4, 1953.  Eligible members retiring on or
      after July 1, 2000, are entitled to the receipt of retroactive
      adjustment payments for no more than thirty-six months immediately
      preceding the month in which written application for retirement due
      to disability was received by the system.
         b.  A vested member who retires from the retirement system due
      to disability and commences receiving disability benefits pursuant to
      the federal Railroad Retirement Act, 45 U.S.C. § 231 et seq., and who
      has not reached the normal retirement date, shall receive benefits as
      selected under section 97B.51, and shall not have benefits reduced
      upon retirement as required under subsection 1 regardless of whether
      the member has completed thirty or more years of membership service.
      However, the benefits shall be suspended during any period in which
      the member returns to covered employment.  This section takes effect
      July 1, 1990, for a member meeting the requirements of this paragraph
      who retired from the retirement system at any time since July 4,
      1953.  Eligible members retiring on or after July 1, 2000, are
      entitled to the receipt of retroactive adjustment payments for no
      more than thirty-six months immediately preceding the month in which
      written application for retirement due to disability was received by
      the system.
         c.  A vested member who terminated service due to a
      disability, who has been issued payment for a refund pursuant to
      section 97B.53, and who subsequently commences receiving disability
      benefits as a result of that disability pursuant to the federal
      Social Security Act, 42 U.S.C. § 423 et seq. or the federal Railroad
      Retirement Act, 45 U.S.C. § 231 et seq., may receive credit for
      membership service for the period covered by the refund payment, upon
      repayment to the system of the actuarial cost of receiving service
      credit for the period covered by the refund payment, as determined by
      the system.  For purposes of this paragraph, the actuarial cost of
      the service purchase shall be determined as provided in section
      97B.80C.  The payment to the system as provided in this paragraph
      shall be made within ninety days after July 1, 2000, or the date
      federal disability payments commenced, whichever occurs later.  For
      purposes of this paragraph, the date federal disability payments
      commence shall be the date that the member actually receives the
      first such payment, regardless of any retroactive payments included
      in that payment.  A member who repurchases service credit under this
      paragraph and applies for retirement benefits shall have the member's
      monthly allowance, including retroactive adjustment payments,
      determined in the same manner as provided in paragraph "a" or
      "b", as applicable.
         d.  For a vested member who retires from the retirement system
      due to disability on or after July 1, 2009, and commences receiving
      disability benefits pursuant to the federal Railroad Retirement Act,
      45 U.S.C. § 231 et seq., or the federal Social Security Act, 42
      U.S.C. § 423 et seq., the system may require the vested member to
      certify on an annual basis continued eligibility for disability
      payments under the federal Railroad Retirement Act or the federal
      Social Security Act.  If the vested member is under the age at which
      disability benefits are converted under the federal Social Security
      Act or the federal Railroad Retirement Act to retirement benefits and
      is no longer eligible for disability payments under either the
      federal Railroad Retirement Act or the federal Social Security Act,
      the vested member shall no longer be eligible to receive retirement
      benefits as provided by this subsection.  If the system has paid
      retirement benefits to the member between the month the member was no
      longer eligible for payment pursuant to the federal Railroad
      Retirement Act or the federal Social Security Act and the month the
      system terminated retirement benefits under this paragraph, the
      member shall return all retirement benefits paid by the system
      following the termination of such federal disability benefits, plus
      interest.  The system shall adopt rules pursuant to chapter 17A to
      implement this paragraph.
         3.  A member who is at least sixty-two years of age and less than
      sixty-five years of age, and who has completed twenty or more years
      of membership service and prior service, shall receive benefits under
      sections 97B.49A through 97B.49G, as applicable, determined as if the
      member had attained sixty-five years of age.  
         Section History: Early Form
         [C46, 50, § 97.13, 97.45; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.50] 
         Section History: Recent Form
         84 Acts, ch 1285, § 11, 12; 86 Acts, ch 1243, § 19--21; 87 Acts,
      ch 227, § 19, 20; 88 Acts, ch 1242, § 45--47; 90 Acts, ch 1240, § 37;
      91 Acts, ch 105, §1; 92 Acts, ch 1201, §48, 49; 94 Acts, ch 1183,
      §43, 44; 96 Acts, ch 1187, § 41; 98 Acts, ch 1183, § 45, 77; 2000
      Acts, ch 1077, §48--50; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145,
      §179, 286; 2004 Acts, ch 1101, §16; 2004 Acts, ch 1103, §39, 40; 2008
      Acts, ch 1171, §36, 48
         Referred to in § 97B.48A, 97B.49A, 97B.49E, 97B.49G, 97B.50A,
      97B.53

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-50

        97B.50  EARLY RETIREMENT.
         1.  Except as otherwise provided in this section, a vested member
      who is at least fifty-five years of age, upon retirement prior to the
      normal retirement date for that member, is entitled to receive a
      monthly retirement allowance determined in the same manner as
      provided for normal retirement in sections 97B.49A, 97B.49E, and
      97B.49G, reduced as follows:
         a.  For a member who is less than sixty-two years of age, by
      twenty-five hundredths of one percent per month for each month that
      the early retirement date precedes the normal retirement date.
         b.  For a member who is at least sixty-two years of age and
      who has not completed twenty years of membership service and prior
      service, by twenty-five hundredths of one percent per month for each
      month that the early retirement date precedes the normal retirement
      date.
         2. a.  A vested member who retires from the retirement system
      due to disability and commences receiving disability benefits
      pursuant to the federal Social Security Act, 42 U.S.C. § 423 et seq.,
      and who has not reached the normal retirement date, shall receive
      benefits as selected under section 97B.51, and shall not have
      benefits reduced upon retirement as required under subsection 1
      regardless of whether the member has completed thirty or more years
      of membership service.  However, the benefits shall be suspended
      during any period in which the member returns to covered employment.
      This section takes effect July 1, 1990, for a member meeting the
      requirements of this paragraph who retired from the retirement system
      at any time after July 4, 1953.  Eligible members retiring on or
      after July 1, 2000, are entitled to the receipt of retroactive
      adjustment payments for no more than thirty-six months immediately
      preceding the month in which written application for retirement due
      to disability was received by the system.
         b.  A vested member who retires from the retirement system due
      to disability and commences receiving disability benefits pursuant to
      the federal Railroad Retirement Act, 45 U.S.C. § 231 et seq., and who
      has not reached the normal retirement date, shall receive benefits as
      selected under section 97B.51, and shall not have benefits reduced
      upon retirement as required under subsection 1 regardless of whether
      the member has completed thirty or more years of membership service.
      However, the benefits shall be suspended during any period in which
      the member returns to covered employment.  This section takes effect
      July 1, 1990, for a member meeting the requirements of this paragraph
      who retired from the retirement system at any time since July 4,
      1953.  Eligible members retiring on or after July 1, 2000, are
      entitled to the receipt of retroactive adjustment payments for no
      more than thirty-six months immediately preceding the month in which
      written application for retirement due to disability was received by
      the system.
         c.  A vested member who terminated service due to a
      disability, who has been issued payment for a refund pursuant to
      section 97B.53, and who subsequently commences receiving disability
      benefits as a result of that disability pursuant to the federal
      Social Security Act, 42 U.S.C. § 423 et seq. or the federal Railroad
      Retirement Act, 45 U.S.C. § 231 et seq., may receive credit for
      membership service for the period covered by the refund payment, upon
      repayment to the system of the actuarial cost of receiving service
      credit for the period covered by the refund payment, as determined by
      the system.  For purposes of this paragraph, the actuarial cost of
      the service purchase shall be determined as provided in section
      97B.80C.  The payment to the system as provided in this paragraph
      shall be made within ninety days after July 1, 2000, or the date
      federal disability payments commenced, whichever occurs later.  For
      purposes of this paragraph, the date federal disability payments
      commence shall be the date that the member actually receives the
      first such payment, regardless of any retroactive payments included
      in that payment.  A member who repurchases service credit under this
      paragraph and applies for retirement benefits shall have the member's
      monthly allowance, including retroactive adjustment payments,
      determined in the same manner as provided in paragraph "a" or
      "b", as applicable.
         d.  For a vested member who retires from the retirement system
      due to disability on or after July 1, 2009, and commences receiving
      disability benefits pursuant to the federal Railroad Retirement Act,
      45 U.S.C. § 231 et seq., or the federal Social Security Act, 42
      U.S.C. § 423 et seq., the system may require the vested member to
      certify on an annual basis continued eligibility for disability
      payments under the federal Railroad Retirement Act or the federal
      Social Security Act.  If the vested member is under the age at which
      disability benefits are converted under the federal Social Security
      Act or the federal Railroad Retirement Act to retirement benefits and
      is no longer eligible for disability payments under either the
      federal Railroad Retirement Act or the federal Social Security Act,
      the vested member shall no longer be eligible to receive retirement
      benefits as provided by this subsection.  If the system has paid
      retirement benefits to the member between the month the member was no
      longer eligible for payment pursuant to the federal Railroad
      Retirement Act or the federal Social Security Act and the month the
      system terminated retirement benefits under this paragraph, the
      member shall return all retirement benefits paid by the system
      following the termination of such federal disability benefits, plus
      interest.  The system shall adopt rules pursuant to chapter 17A to
      implement this paragraph.
         3.  A member who is at least sixty-two years of age and less than
      sixty-five years of age, and who has completed twenty or more years
      of membership service and prior service, shall receive benefits under
      sections 97B.49A through 97B.49G, as applicable, determined as if the
      member had attained sixty-five years of age.  
         Section History: Early Form
         [C46, 50, § 97.13, 97.45; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.50] 
         Section History: Recent Form
         84 Acts, ch 1285, § 11, 12; 86 Acts, ch 1243, § 19--21; 87 Acts,
      ch 227, § 19, 20; 88 Acts, ch 1242, § 45--47; 90 Acts, ch 1240, § 37;
      91 Acts, ch 105, §1; 92 Acts, ch 1201, §48, 49; 94 Acts, ch 1183,
      §43, 44; 96 Acts, ch 1187, § 41; 98 Acts, ch 1183, § 45, 77; 2000
      Acts, ch 1077, §48--50; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145,
      §179, 286; 2004 Acts, ch 1101, §16; 2004 Acts, ch 1103, §39, 40; 2008
      Acts, ch 1171, §36, 48
         Referred to in § 97B.48A, 97B.49A, 97B.49E, 97B.49G, 97B.50A,
      97B.53

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-50

        97B.50  EARLY RETIREMENT.
         1.  Except as otherwise provided in this section, a vested member
      who is at least fifty-five years of age, upon retirement prior to the
      normal retirement date for that member, is entitled to receive a
      monthly retirement allowance determined in the same manner as
      provided for normal retirement in sections 97B.49A, 97B.49E, and
      97B.49G, reduced as follows:
         a.  For a member who is less than sixty-two years of age, by
      twenty-five hundredths of one percent per month for each month that
      the early retirement date precedes the normal retirement date.
         b.  For a member who is at least sixty-two years of age and
      who has not completed twenty years of membership service and prior
      service, by twenty-five hundredths of one percent per month for each
      month that the early retirement date precedes the normal retirement
      date.
         2. a.  A vested member who retires from the retirement system
      due to disability and commences receiving disability benefits
      pursuant to the federal Social Security Act, 42 U.S.C. § 423 et seq.,
      and who has not reached the normal retirement date, shall receive
      benefits as selected under section 97B.51, and shall not have
      benefits reduced upon retirement as required under subsection 1
      regardless of whether the member has completed thirty or more years
      of membership service.  However, the benefits shall be suspended
      during any period in which the member returns to covered employment.
      This section takes effect July 1, 1990, for a member meeting the
      requirements of this paragraph who retired from the retirement system
      at any time after July 4, 1953.  Eligible members retiring on or
      after July 1, 2000, are entitled to the receipt of retroactive
      adjustment payments for no more than thirty-six months immediately
      preceding the month in which written application for retirement due
      to disability was received by the system.
         b.  A vested member who retires from the retirement system due
      to disability and commences receiving disability benefits pursuant to
      the federal Railroad Retirement Act, 45 U.S.C. § 231 et seq., and who
      has not reached the normal retirement date, shall receive benefits as
      selected under section 97B.51, and shall not have benefits reduced
      upon retirement as required under subsection 1 regardless of whether
      the member has completed thirty or more years of membership service.
      However, the benefits shall be suspended during any period in which
      the member returns to covered employment.  This section takes effect
      July 1, 1990, for a member meeting the requirements of this paragraph
      who retired from the retirement system at any time since July 4,
      1953.  Eligible members retiring on or after July 1, 2000, are
      entitled to the receipt of retroactive adjustment payments for no
      more than thirty-six months immediately preceding the month in which
      written application for retirement due to disability was received by
      the system.
         c.  A vested member who terminated service due to a
      disability, who has been issued payment for a refund pursuant to
      section 97B.53, and who subsequently commences receiving disability
      benefits as a result of that disability pursuant to the federal
      Social Security Act, 42 U.S.C. § 423 et seq. or the federal Railroad
      Retirement Act, 45 U.S.C. § 231 et seq., may receive credit for
      membership service for the period covered by the refund payment, upon
      repayment to the system of the actuarial cost of receiving service
      credit for the period covered by the refund payment, as determined by
      the system.  For purposes of this paragraph, the actuarial cost of
      the service purchase shall be determined as provided in section
      97B.80C.  The payment to the system as provided in this paragraph
      shall be made within ninety days after July 1, 2000, or the date
      federal disability payments commenced, whichever occurs later.  For
      purposes of this paragraph, the date federal disability payments
      commence shall be the date that the member actually receives the
      first such payment, regardless of any retroactive payments included
      in that payment.  A member who repurchases service credit under this
      paragraph and applies for retirement benefits shall have the member's
      monthly allowance, including retroactive adjustment payments,
      determined in the same manner as provided in paragraph "a" or
      "b", as applicable.
         d.  For a vested member who retires from the retirement system
      due to disability on or after July 1, 2009, and commences receiving
      disability benefits pursuant to the federal Railroad Retirement Act,
      45 U.S.C. § 231 et seq., or the federal Social Security Act, 42
      U.S.C. § 423 et seq., the system may require the vested member to
      certify on an annual basis continued eligibility for disability
      payments under the federal Railroad Retirement Act or the federal
      Social Security Act.  If the vested member is under the age at which
      disability benefits are converted under the federal Social Security
      Act or the federal Railroad Retirement Act to retirement benefits and
      is no longer eligible for disability payments under either the
      federal Railroad Retirement Act or the federal Social Security Act,
      the vested member shall no longer be eligible to receive retirement
      benefits as provided by this subsection.  If the system has paid
      retirement benefits to the member between the month the member was no
      longer eligible for payment pursuant to the federal Railroad
      Retirement Act or the federal Social Security Act and the month the
      system terminated retirement benefits under this paragraph, the
      member shall return all retirement benefits paid by the system
      following the termination of such federal disability benefits, plus
      interest.  The system shall adopt rules pursuant to chapter 17A to
      implement this paragraph.
         3.  A member who is at least sixty-two years of age and less than
      sixty-five years of age, and who has completed twenty or more years
      of membership service and prior service, shall receive benefits under
      sections 97B.49A through 97B.49G, as applicable, determined as if the
      member had attained sixty-five years of age.  
         Section History: Early Form
         [C46, 50, § 97.13, 97.45; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 97B.50] 
         Section History: Recent Form
         84 Acts, ch 1285, § 11, 12; 86 Acts, ch 1243, § 19--21; 87 Acts,
      ch 227, § 19, 20; 88 Acts, ch 1242, § 45--47; 90 Acts, ch 1240, § 37;
      91 Acts, ch 105, §1; 92 Acts, ch 1201, §48, 49; 94 Acts, ch 1183,
      §43, 44; 96 Acts, ch 1187, § 41; 98 Acts, ch 1183, § 45, 77; 2000
      Acts, ch 1077, §48--50; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145,
      §179, 286; 2004 Acts, ch 1101, §16; 2004 Acts, ch 1103, §39, 40; 2008
      Acts, ch 1171, §36, 48
         Referred to in § 97B.48A, 97B.49A, 97B.49E, 97B.49G, 97B.50A,
      97B.53