411.11 Contributions by the city.
1. On or before January 1 of each year the system shall certify to the superintendent of public safety of each participating city the amounts which will become due and payable during the year next following to the fire and police retirement fund. The amounts so certified shall be included by the superintendent of public safety in the annual budget estimate. The amounts so certified shall be appropriated by the respective cities and transferred to the retirement system for the ensuing year. The cities shall annually levy a tax sufficient in amount to cover the appropriations.
2. Amounts paid by a city to a member as back pay that would have constituted earnable compensation if paid when earned shall be allocated by the system as earnable compensation to the period or periods for which paid and employer and employee contributions shall be paid to the system for the amounts. The contribution rate to be applied to such amounts shall be determined pursuant to section 411.8 based on the rates in effect for the period or periods to which the amounts are allocated. Interest on the contributions required to be paid shall be calculated pursuant to this section as if the contributions were unpaid as of the date the contributions would have been due if the back pay had been paid to the member during the period in which it was due. The requirements of this subsection apply regardless of whether the back pay is made under a covenant not to sue, compromise settlement, denial of liability, or other agreement between the member and the employer.
3. Contributions unpaid on the date on which they are due and payable as prescribed by the system shall bear interest at the greater of the interest rate assumption adopted by the board of trustees or the rate of interest on the short-term investment fund account of the system’s custodial bank for the period the contributions remain unpaid. Interest due pursuant to this section may be waived by the system pursuant to rules adopted by the board. Interest collected pursuant to this section shall be paid into the retirement fund created in section 411.8.
4. If an employer fails to pay contributions or interest as required by this chapter after receiving thirty days’ notice of the employer’s obligation, the system may maintain a civil action to collect the unpaid contributions and interest from the employer, which action shall be heard as expeditiously as possible. If the system prevails in the civil action to recover unpaid contributions and interest, the court shall require the employer to pay the costs of the action.
[C35, §6326-f9; C39, §6326.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §411.11; 82 Acts, ch 1261, §42]
90 Acts, ch 1240, §78; 2000 Acts, ch 1077, §108, 110
Structure Iowa Code
Chapter 411 - RETIREMENT SYSTEM FOR POLICE OFFICERS AND FIRE FIGHTERS
Section 411.1A - Purpose of chapter.
Section 411.2 - Participation in retirement system.
Section 411.3 - Membership — reemployment.
Section 411.4 - Service creditable.
Section 411.5 - Administration.
Section 411.6A - Optional retirement benefits.
Section 411.6B - Rollovers of members’ accounts.
Section 411.6C - Deferred retirement option plan.
Section 411.7 - Management of fund.
Section 411.8 - Method of financing.
Section 411.9 - Military service exceptions.
Section 411.10 - Purchase of service credit for military service.
Section 411.10A - Purchase of service credit for prior service.
Section 411.11 - Contributions by the city.
Section 411.12 - City obligations.
Section 411.13 - Exemption from execution and other process or assignment — exceptions.
Section 411.14 - Fraudulent practice — correction of errors.
Section 411.15 - Hospitalization and medical attention.
Section 411.16 - Hours of service.
Section 411.17 - Provisions not applicable.
Section 411.20 - State appropriation.
Section 411.22 - Liability of third parties — subrogation.
Section 411.23 - Withdrawal of contributions — repayment — automatic refund.
Section 411.24 - Payment to representative payee.
Section 411.30 - Transfer of membership.
Section 411.31 - Optional transfers with chapter 97A.
Section 411.35 - Statewide system established — city systems terminated.
Section 411.36 - Board of trustees for statewide system.
Section 411.37 - Board responsible for transition.
Section 411.38 - Obligations of participating cities.
Section 411.39 - Benefits for employees of the board of trustees for the statewide system.