State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-82

        97B.82  PURCHASE OF SERVICE CREDIT -- DIRECT ROLLOVERS
      -- DIRECT TRANSFERS.
         1.  Effective July 1, 2002, a member may, to the extent permitted
      by the internal revenue service, purchase any service credit
      permitted under this chapter by means of a direct rollover or a
      direct transfer as provided in this section pursuant to rules adopted
      by the system and consistent with applicable requirements of the
      federal Internal Revenue Code.  Purchases of service credit by means
      of a direct rollover or direct transfer under this section shall not
      exceed the amounts permitted under section 415(n) of the federal
      Internal Revenue Code and section 97B.80C as determined by the
      system.
         2. a.  A member may purchase service credit as authorized by
      this section through a direct rollover to the retirement system of an
      eligible rollover distribution from an eligible retirement plan as
      permitted by the internal revenue service under the federal Internal
      Revenue Code.  The amount of the direct rollover into the retirement
      system cannot exceed the cost of the service purchase by a member
      under this chapter.  Once a direct rollover is made, the member must
      forfeit the applicable service credit from the eligible retirement
      plan from which the eligible rollover distribution is received.
         b. (1)  For purposes of this subsection, "an eligible
      rollover distribution from an eligible retirement plan" includes
      distributions from any of the following:
         (a)  Qualified plans described in federal Internal Revenue Code
      sections 401(a) and 403(a).
         (b)  Annuity contracts described in federal Internal Revenue Code
      section 403(b).
         (c)  Eligible plans described under federal Internal Revenue Code
      section 457(b) which are maintained by a state, political subdivision
      of a state, or any agency or instrumentality of a state or political
      subdivision of a state.
         (d)  Individual retirement accounts described in federal Internal
      Revenue Code section 408(a) or 408(b).
         (2)  An eligible rollover distribution from an eligible retirement
      plan does not include any of the following:
         (a)  A distribution that is one of a series of substantially equal
      periodic payments, which occur annually or more frequently, made for
      the life or life expectancy of the distributee or the joint lives or
      joint life expectancies of the distributee and the distributee's
      designated beneficiary, or made for a specified period of ten years
      or more.
         (b)  A distribution to the extent that the distribution is
      required pursuant to section 401(a)(9) of the federal Internal
      Revenue Code.
         (c) (i)  For rollover service purchases prior to January 1, 2007,
      the portion of any distribution that is not includible in the gross
      income of the distributee, determined without regard to the exclusion
      for net unrealized appreciation with respect to employer securities.

         (ii)  For rollover service purchases on or after January 1, 2007,
      the portion of any distribution that is not includible in the gross
      income of the distributee, determined without regard to the exclusion
      for net unrealized appreciation with respect to employer securities,
      shall be treated as an eligible rollover distribution only when such
      portion is received from a qualified plan under section 401(a) or
      403(a) of the federal Internal Revenue Code.
         (d)  Any amounts that are not permitted to be treated as eligible
      rollover distributions by the internal revenue service under the
      federal Internal Revenue Code.
         3.  A member may purchase any service credit as authorized by this
      section, to the extent permitted by the internal revenue service, by
      means of a direct transfer of pretax amounts, and effective January
      1, 2007, any after-tax contributions, from an annuity contract
      qualified under federal Internal Revenue Code section 403(b), or an
      eligible plan described in federal Internal Revenue Code section
      457(b), maintained by a state, political subdivision of a state, or
      any agency or instrumentality of a state or political subdivision of
      a state.  A direct transfer is a trustee-to-trustee transfer to the
      retirement system of contributions made to annuity contracts
      qualified under federal Internal Revenue Code section 403(b) and
      eligible governmental plans qualified under federal Internal Revenue
      Code section 457(b) for purposes of purchasing service credit in the
      retirement system.  
         Section History: Recent Form
         2000 Acts, ch 1077, §72; 2002 Acts, ch 1135, §34; 2003 Acts, ch
      145, §286; 2008 Acts, ch 1171, §44, 45, 48, 49 
         Footnotes
         2008 amendments to this section take effect May 15, 2008, and
      apply retroactively on and after January 1, 2007; 2008 Acts, ch 1171,
      §49

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-82

        97B.82  PURCHASE OF SERVICE CREDIT -- DIRECT ROLLOVERS
      -- DIRECT TRANSFERS.
         1.  Effective July 1, 2002, a member may, to the extent permitted
      by the internal revenue service, purchase any service credit
      permitted under this chapter by means of a direct rollover or a
      direct transfer as provided in this section pursuant to rules adopted
      by the system and consistent with applicable requirements of the
      federal Internal Revenue Code.  Purchases of service credit by means
      of a direct rollover or direct transfer under this section shall not
      exceed the amounts permitted under section 415(n) of the federal
      Internal Revenue Code and section 97B.80C as determined by the
      system.
         2. a.  A member may purchase service credit as authorized by
      this section through a direct rollover to the retirement system of an
      eligible rollover distribution from an eligible retirement plan as
      permitted by the internal revenue service under the federal Internal
      Revenue Code.  The amount of the direct rollover into the retirement
      system cannot exceed the cost of the service purchase by a member
      under this chapter.  Once a direct rollover is made, the member must
      forfeit the applicable service credit from the eligible retirement
      plan from which the eligible rollover distribution is received.
         b. (1)  For purposes of this subsection, "an eligible
      rollover distribution from an eligible retirement plan" includes
      distributions from any of the following:
         (a)  Qualified plans described in federal Internal Revenue Code
      sections 401(a) and 403(a).
         (b)  Annuity contracts described in federal Internal Revenue Code
      section 403(b).
         (c)  Eligible plans described under federal Internal Revenue Code
      section 457(b) which are maintained by a state, political subdivision
      of a state, or any agency or instrumentality of a state or political
      subdivision of a state.
         (d)  Individual retirement accounts described in federal Internal
      Revenue Code section 408(a) or 408(b).
         (2)  An eligible rollover distribution from an eligible retirement
      plan does not include any of the following:
         (a)  A distribution that is one of a series of substantially equal
      periodic payments, which occur annually or more frequently, made for
      the life or life expectancy of the distributee or the joint lives or
      joint life expectancies of the distributee and the distributee's
      designated beneficiary, or made for a specified period of ten years
      or more.
         (b)  A distribution to the extent that the distribution is
      required pursuant to section 401(a)(9) of the federal Internal
      Revenue Code.
         (c) (i)  For rollover service purchases prior to January 1, 2007,
      the portion of any distribution that is not includible in the gross
      income of the distributee, determined without regard to the exclusion
      for net unrealized appreciation with respect to employer securities.

         (ii)  For rollover service purchases on or after January 1, 2007,
      the portion of any distribution that is not includible in the gross
      income of the distributee, determined without regard to the exclusion
      for net unrealized appreciation with respect to employer securities,
      shall be treated as an eligible rollover distribution only when such
      portion is received from a qualified plan under section 401(a) or
      403(a) of the federal Internal Revenue Code.
         (d)  Any amounts that are not permitted to be treated as eligible
      rollover distributions by the internal revenue service under the
      federal Internal Revenue Code.
         3.  A member may purchase any service credit as authorized by this
      section, to the extent permitted by the internal revenue service, by
      means of a direct transfer of pretax amounts, and effective January
      1, 2007, any after-tax contributions, from an annuity contract
      qualified under federal Internal Revenue Code section 403(b), or an
      eligible plan described in federal Internal Revenue Code section
      457(b), maintained by a state, political subdivision of a state, or
      any agency or instrumentality of a state or political subdivision of
      a state.  A direct transfer is a trustee-to-trustee transfer to the
      retirement system of contributions made to annuity contracts
      qualified under federal Internal Revenue Code section 403(b) and
      eligible governmental plans qualified under federal Internal Revenue
      Code section 457(b) for purposes of purchasing service credit in the
      retirement system.  
         Section History: Recent Form
         2000 Acts, ch 1077, §72; 2002 Acts, ch 1135, §34; 2003 Acts, ch
      145, §286; 2008 Acts, ch 1171, §44, 45, 48, 49 
         Footnotes
         2008 amendments to this section take effect May 15, 2008, and
      apply retroactively on and after January 1, 2007; 2008 Acts, ch 1171,
      §49

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-82

        97B.82  PURCHASE OF SERVICE CREDIT -- DIRECT ROLLOVERS
      -- DIRECT TRANSFERS.
         1.  Effective July 1, 2002, a member may, to the extent permitted
      by the internal revenue service, purchase any service credit
      permitted under this chapter by means of a direct rollover or a
      direct transfer as provided in this section pursuant to rules adopted
      by the system and consistent with applicable requirements of the
      federal Internal Revenue Code.  Purchases of service credit by means
      of a direct rollover or direct transfer under this section shall not
      exceed the amounts permitted under section 415(n) of the federal
      Internal Revenue Code and section 97B.80C as determined by the
      system.
         2. a.  A member may purchase service credit as authorized by
      this section through a direct rollover to the retirement system of an
      eligible rollover distribution from an eligible retirement plan as
      permitted by the internal revenue service under the federal Internal
      Revenue Code.  The amount of the direct rollover into the retirement
      system cannot exceed the cost of the service purchase by a member
      under this chapter.  Once a direct rollover is made, the member must
      forfeit the applicable service credit from the eligible retirement
      plan from which the eligible rollover distribution is received.
         b. (1)  For purposes of this subsection, "an eligible
      rollover distribution from an eligible retirement plan" includes
      distributions from any of the following:
         (a)  Qualified plans described in federal Internal Revenue Code
      sections 401(a) and 403(a).
         (b)  Annuity contracts described in federal Internal Revenue Code
      section 403(b).
         (c)  Eligible plans described under federal Internal Revenue Code
      section 457(b) which are maintained by a state, political subdivision
      of a state, or any agency or instrumentality of a state or political
      subdivision of a state.
         (d)  Individual retirement accounts described in federal Internal
      Revenue Code section 408(a) or 408(b).
         (2)  An eligible rollover distribution from an eligible retirement
      plan does not include any of the following:
         (a)  A distribution that is one of a series of substantially equal
      periodic payments, which occur annually or more frequently, made for
      the life or life expectancy of the distributee or the joint lives or
      joint life expectancies of the distributee and the distributee's
      designated beneficiary, or made for a specified period of ten years
      or more.
         (b)  A distribution to the extent that the distribution is
      required pursuant to section 401(a)(9) of the federal Internal
      Revenue Code.
         (c) (i)  For rollover service purchases prior to January 1, 2007,
      the portion of any distribution that is not includible in the gross
      income of the distributee, determined without regard to the exclusion
      for net unrealized appreciation with respect to employer securities.

         (ii)  For rollover service purchases on or after January 1, 2007,
      the portion of any distribution that is not includible in the gross
      income of the distributee, determined without regard to the exclusion
      for net unrealized appreciation with respect to employer securities,
      shall be treated as an eligible rollover distribution only when such
      portion is received from a qualified plan under section 401(a) or
      403(a) of the federal Internal Revenue Code.
         (d)  Any amounts that are not permitted to be treated as eligible
      rollover distributions by the internal revenue service under the
      federal Internal Revenue Code.
         3.  A member may purchase any service credit as authorized by this
      section, to the extent permitted by the internal revenue service, by
      means of a direct transfer of pretax amounts, and effective January
      1, 2007, any after-tax contributions, from an annuity contract
      qualified under federal Internal Revenue Code section 403(b), or an
      eligible plan described in federal Internal Revenue Code section
      457(b), maintained by a state, political subdivision of a state, or
      any agency or instrumentality of a state or political subdivision of
      a state.  A direct transfer is a trustee-to-trustee transfer to the
      retirement system of contributions made to annuity contracts
      qualified under federal Internal Revenue Code section 403(b) and
      eligible governmental plans qualified under federal Internal Revenue
      Code section 457(b) for purposes of purchasing service credit in the
      retirement system.  
         Section History: Recent Form
         2000 Acts, ch 1077, §72; 2002 Acts, ch 1135, §34; 2003 Acts, ch
      145, §286; 2008 Acts, ch 1171, §44, 45, 48, 49 
         Footnotes
         2008 amendments to this section take effect May 15, 2008, and
      apply retroactively on and after January 1, 2007; 2008 Acts, ch 1171,
      §49