State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-9

        97B.9  CONTRIBUTIONS -- PAYMENT AND INTEREST.
         1.  An employer shall be charged the greater of twenty dollars per
      occurrence or interest at the combined interest and dividend rate
      required under section 97B.70 for the applicable calendar year for
      contributions unpaid on the date on which they are due and payable as
      prescribed by the system.  The system may adopt rules prescribing
      circumstances for which the interest or charge shall not accrue with
      respect to contributions required.  Interest or charges collected
      pursuant to this section shall be paid into the Iowa public
      employees' retirement fund.
         2.  If within thirty days after due notice the employer defaults
      in payment of contributions or interest thereon, the amount due may
      be collected by civil action in the name of the system, and the
      employer adjudged in default shall pay the costs of such action.
      Civil actions brought under this section to collect contributions or
      interest thereon shall be heard by the court at the earliest possible
      date and shall be entitled to preference upon the calendar of the
      court over all other civil actions.
         3.  The employer shall pay its contribution from funds available
      and is directed to pay same from tax money or from any other income
      of the political subdivision; provided, however, the contributions
      shall be paid from the same fund as the employee salary.
         4.  Every political subdivision is hereby authorized and directed
      to levy a tax sufficient to meet its obligations under the provisions
      of this chapter if any tax is needed.
         5.  Regardless of any potentially applicable statute of
      limitations, if the system finds that the employer or employee, or
      both, have erroneously underpaid contributions, the system shall
      notify the employer and employee in writing of the total amount of
      the underpayment, including interest, and the employer's and
      employee's share of the underpayment.  The system shall collect from
      the employer the total amount of the underpayment, including the
      employer's share, the employee's share, and the interest assessed to
      both shares of the underpayment, regardless of whether the employee
      has reimbursed the employer for the employee's share of the
      underpayment.  The employee shall be obligated to pay only the
      employee's share of the underpaid contributions, without interest, to
      the employer.  The employer may collect the employee's share of
      underpaid contributions from the employee or the employee's estate.
      The employer may collect the employee's share through a deduction
      from the employee's wages, or by maintaining a legal action against
      the employee or the employee's estate.  For purposes of section 1526
      of the federal Taxpayer Relief Act of 1997, eligible participants, as
      defined by section 1526, may make payments of contributions under
      this section without regard to the limitations of section 415(c)(1)
      of the federal Internal Revenue Code.  
         Section History: Early Form
         [C46, 50, § 97.6, 97.8, 97.9, 97.12; C54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 97B.9] 
         Section History: Recent Form
         88 Acts, ch 1242, § 15; 98 Acts, ch 1183, §10; 2000 Acts, ch 1077,
      §22, 23; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286; 2008
      Acts, ch 1171, §24, 48

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-9

        97B.9  CONTRIBUTIONS -- PAYMENT AND INTEREST.
         1.  An employer shall be charged the greater of twenty dollars per
      occurrence or interest at the combined interest and dividend rate
      required under section 97B.70 for the applicable calendar year for
      contributions unpaid on the date on which they are due and payable as
      prescribed by the system.  The system may adopt rules prescribing
      circumstances for which the interest or charge shall not accrue with
      respect to contributions required.  Interest or charges collected
      pursuant to this section shall be paid into the Iowa public
      employees' retirement fund.
         2.  If within thirty days after due notice the employer defaults
      in payment of contributions or interest thereon, the amount due may
      be collected by civil action in the name of the system, and the
      employer adjudged in default shall pay the costs of such action.
      Civil actions brought under this section to collect contributions or
      interest thereon shall be heard by the court at the earliest possible
      date and shall be entitled to preference upon the calendar of the
      court over all other civil actions.
         3.  The employer shall pay its contribution from funds available
      and is directed to pay same from tax money or from any other income
      of the political subdivision; provided, however, the contributions
      shall be paid from the same fund as the employee salary.
         4.  Every political subdivision is hereby authorized and directed
      to levy a tax sufficient to meet its obligations under the provisions
      of this chapter if any tax is needed.
         5.  Regardless of any potentially applicable statute of
      limitations, if the system finds that the employer or employee, or
      both, have erroneously underpaid contributions, the system shall
      notify the employer and employee in writing of the total amount of
      the underpayment, including interest, and the employer's and
      employee's share of the underpayment.  The system shall collect from
      the employer the total amount of the underpayment, including the
      employer's share, the employee's share, and the interest assessed to
      both shares of the underpayment, regardless of whether the employee
      has reimbursed the employer for the employee's share of the
      underpayment.  The employee shall be obligated to pay only the
      employee's share of the underpaid contributions, without interest, to
      the employer.  The employer may collect the employee's share of
      underpaid contributions from the employee or the employee's estate.
      The employer may collect the employee's share through a deduction
      from the employee's wages, or by maintaining a legal action against
      the employee or the employee's estate.  For purposes of section 1526
      of the federal Taxpayer Relief Act of 1997, eligible participants, as
      defined by section 1526, may make payments of contributions under
      this section without regard to the limitations of section 415(c)(1)
      of the federal Internal Revenue Code.  
         Section History: Early Form
         [C46, 50, § 97.6, 97.8, 97.9, 97.12; C54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 97B.9] 
         Section History: Recent Form
         88 Acts, ch 1242, § 15; 98 Acts, ch 1183, §10; 2000 Acts, ch 1077,
      §22, 23; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286; 2008
      Acts, ch 1171, §24, 48

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-9

        97B.9  CONTRIBUTIONS -- PAYMENT AND INTEREST.
         1.  An employer shall be charged the greater of twenty dollars per
      occurrence or interest at the combined interest and dividend rate
      required under section 97B.70 for the applicable calendar year for
      contributions unpaid on the date on which they are due and payable as
      prescribed by the system.  The system may adopt rules prescribing
      circumstances for which the interest or charge shall not accrue with
      respect to contributions required.  Interest or charges collected
      pursuant to this section shall be paid into the Iowa public
      employees' retirement fund.
         2.  If within thirty days after due notice the employer defaults
      in payment of contributions or interest thereon, the amount due may
      be collected by civil action in the name of the system, and the
      employer adjudged in default shall pay the costs of such action.
      Civil actions brought under this section to collect contributions or
      interest thereon shall be heard by the court at the earliest possible
      date and shall be entitled to preference upon the calendar of the
      court over all other civil actions.
         3.  The employer shall pay its contribution from funds available
      and is directed to pay same from tax money or from any other income
      of the political subdivision; provided, however, the contributions
      shall be paid from the same fund as the employee salary.
         4.  Every political subdivision is hereby authorized and directed
      to levy a tax sufficient to meet its obligations under the provisions
      of this chapter if any tax is needed.
         5.  Regardless of any potentially applicable statute of
      limitations, if the system finds that the employer or employee, or
      both, have erroneously underpaid contributions, the system shall
      notify the employer and employee in writing of the total amount of
      the underpayment, including interest, and the employer's and
      employee's share of the underpayment.  The system shall collect from
      the employer the total amount of the underpayment, including the
      employer's share, the employee's share, and the interest assessed to
      both shares of the underpayment, regardless of whether the employee
      has reimbursed the employer for the employee's share of the
      underpayment.  The employee shall be obligated to pay only the
      employee's share of the underpaid contributions, without interest, to
      the employer.  The employer may collect the employee's share of
      underpaid contributions from the employee or the employee's estate.
      The employer may collect the employee's share through a deduction
      from the employee's wages, or by maintaining a legal action against
      the employee or the employee's estate.  For purposes of section 1526
      of the federal Taxpayer Relief Act of 1997, eligible participants, as
      defined by section 1526, may make payments of contributions under
      this section without regard to the limitations of section 415(c)(1)
      of the federal Internal Revenue Code.  
         Section History: Early Form
         [C46, 50, § 97.6, 97.8, 97.9, 97.12; C54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 97B.9] 
         Section History: Recent Form
         88 Acts, ch 1242, § 15; 98 Acts, ch 1183, §10; 2000 Acts, ch 1077,
      §22, 23; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286; 2008
      Acts, ch 1171, §24, 48