97B.42A Optional exclusion from membership.
1. Commencing January 1, 1999, a person who is newly hired in a position as an employee, as defined in section 97B.1A, subsection 8, paragraph “a”, shall be covered under this chapter unless the person files an application with appropriate documentation to the system within sixty days of employment in the position to affirmatively elect out of coverage. A decision to elect out of coverage under this chapter is irrevocable upon approval from the system.
2. If a person elects out of coverage pursuant to this section, the period of time from the date on which the person was newly hired until the date the person’s election out of coverage is effective shall not constitute service for purposes of coverage under this chapter. In addition, a wage adjustment shall be processed for the person based on any contributions collected pursuant to this chapter during that period of time and shall be credited pursuant to section 97B.10.
3. A person who is employed in a position as an employee as defined in section 97B.1A, subsection 8, paragraph “a”, on January 1, 1999, and who has not elected coverage under this chapter prior to that date and is not an active member of another retirement system in the state which is maintained in whole or in part by public contributions or payments, shall begin coverage under the retirement system on January 1, 1999, unless the person files an application with appropriate documentation with the system to elect out of coverage on or before January 1, 2000. If a person elects out of coverage, the period of time from January 1, 1999, until the date the person’s election out of coverage is effective shall not constitute service for purposes of coverage under this chapter and a wage adjustment shall be processed for the person based on any contributions collected pursuant to this chapter during that period of time and shall be credited pursuant to section 97B.10. A decision to elect out of coverage under this chapter pursuant to this section is irrevocable upon approval from the system.
4. A person who becomes a member of the retirement system pursuant to subsection 3, or who is a member of the retirement system, and who has one or more years of covered wages, may purchase credit, pursuant to section 97B.73, Code 2003, for one or more quarters of service prior to January 1, 1999, in which the person was employed in a position as described in section 97B.1A, subsection 8, paragraph “a”, but was not a member of the retirement system.
5. a. A person who is employed in a position as an employee as defined in section 97B.1A, subsection 8, paragraph “a”, subparagraph (11), on July 1, 2000, and who has not elected out of coverage under this chapter prior to that date, shall begin coverage under the retirement system on July 1, 2000, unless, on or before August 31, 2000, the person files an application with appropriate documentation to elect coverage under an alternative pension and annuity retirement system established pursuant to chapter 412. If a person elects coverage under the alternative pension and annuity retirement system, the period of time from July 1, 2000, until the date the person’s election of coverage is effective shall not constitute service for purposes of coverage under this chapter and a wage adjustment shall be processed for the person based on any contributions collected pursuant to this chapter during that period of time and shall be credited pursuant to section 97B.10. A decision to elect coverage under an alternative pension and annuity retirement system established pursuant to chapter 412 under this subsection is irrevocable upon approval from the system.
b. A person who becomes a member of the Iowa public employees’ retirement system pursuant to this subsection, and who has one or more years of covered wages, may purchase credit, pursuant to section 97B.73, Code 2003, for one or more quarters of service prior to August 1, 2000, in which the person was employed in a position as described by section 97B.1A, subsection 8, paragraph “a”, subparagraph (11), but was not a member of the retirement system.
94 Acts, ch 1183, §25; 98 Acts, ch 1183, §25; 2000 Acts, ch 1077, §28, 29; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286; 2004 Acts, ch 1103, §19, 20; 2008 Acts, ch 1032, §201
Referred to in §97B.1A, 97B.10, 602.1611
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 97B - IOWA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (IPERS)
Section 97B.1 - System created — organizational definitions.
Section 97B.2 - Purpose of chapter.
Section 97B.3 - Chief executive officer — appointment and qualifications.
Section 97B.4 - Administration of chapter — powers and duties of system — immunity.
Section 97B.7 - Fund created — exclusive benefit — standing appropriations.
Section 97B.7A - Investment and management of retirement fund — standards — immunity.
Section 97B.8A - Investment board.
Section 97B.8B - Benefits advisory committee.
Section 97B.9 - Contributions — payment and interest.
Section 97B.9A - Collections — waiver.
Section 97B.10 - Crediting of erroneous contributions.
Section 97B.11 - Contributions by employer and employee.
Section 97B.11A - Pickup of employee contributions.
Section 97B.14 - Contributions forwarded.
Section 97B.14A - Wage reporting.
Section 97B.15 - Rules, policies, and procedures.
Section 97B.16 - Procedure of system.
Section 97B.17 - Records maintained.
Section 97B.18 - Statement of accumulated credit.
Section 97B.19 - Revision for error.
Section 97B.20A - Appeal procedure.
Section 97B.20B - Hearing by administrative law judge.
Section 97B.22 - Witnesses and evidence.
Section 97B.23 - Penalty for noncompliance.
Section 97B.24 - Production of books and papers.
Section 97B.25 - Applications for benefits.
Section 97B.27 - Review of decision.
Section 97B.28 - System deemed party to action.
Section 97B.29 - Judicial review.
Section 97B.32 - Appeal to supreme court.
Section 97B.33 - Payment to individuals.
Section 97B.34 - Payment to representatives.
Section 97B.34A - Payment to minors.
Section 97B.35 - Finality of such payments.
Section 97B.36 - Representatives of system.
Section 97B.37 - Recognition of agents.
Section 97B.38 - Fees for services.
Section 97B.39 - Rights not transferable or subject to legal process — exceptions.
Section 97B.42 - Mandatory membership — membership in other systems.
Section 97B.42A - Optional exclusion from membership.
Section 97B.42B - Transfer to chapter 97A — options for certain public safety employees.
Section 97B.42C - Retirement system merger.
Section 97B.43 - Prior service credit.
Section 97B.45 - Normal retirement date.
Section 97B.46 - Service after age sixty-five.
Section 97B.47 - Early retirement date.
Section 97B.48 - Payment of allowances.
Section 97B.48A - Reemployment.
Section 97B.49 - Dormant accounts.
Section 97B.49A - Monthly payments of allowance — general calculation.
Section 97B.49B - Protection occupation.
Section 97B.49C - Sheriffs and deputy sheriffs.
Section 97B.49D - Hybrid formula.
Section 97B.49E - Minimum benefits.
Section 97B.49F - Retirement dividends.
Section 97B.49G - Monthly payments of allowance — miscellaneous provisions.
Section 97B.49H - Active member supplemental accounts.
Section 97B.49I - Qualified benefits arrangement.
Section 97B.50 - Early retirement.
Section 97B.50A - Disability benefits for special service members.
Section 97B.51 - Allowance upon retirement.
Section 97B.52 - Payment to beneficiary.
Section 97B.52A - Eligibility for benefits — bona fide retirement.
Section 97B.53 - Termination of employment — refund options.
Section 97B.53A - Duty of system.
Section 97B.53B - Rollovers of members’ accounts.
Section 97B.56 - Abolished system — liquidation fund.
Section 97B.58 - Information furnished by employer.
Section 97B.62 - Accepting employment deemed consent.
Section 97B.64 - Insurance laws not applicable.
Section 97B.66 - Former members.
Section 97B.68 - Employees under federal civil service.
Section 97B.70 - Interest and dividends to members.
Section 97B.73B - Patient advocates — unpaid contributions — service purchase.
Section 97B.74 - Reinstatement as a vested member (buy-back).
Section 97B.75 - Prior service credit before January 1, 1946.
Section 97B.80 - Veteran’s credit.
Section 97B.80C - Purchases of permissive service credit.
Section 97B.81 - Leaves of absence.
Section 97B.82 - Purchase of service credit — direct rollovers — direct transfers.