97B.53 Termination of employment — refund options.
Membership in the retirement system, and all rights to the benefits under the retirement system, cease upon a member’s termination of employment with the employer prior to the member’s retirement, other than by death, and upon receipt by the member of a refund of moneys in the member’s account as provided in this section.
1. Upon the termination of employment with the employer prior to retirement other than by death of a member, the member’s account, consisting of accumulated contributions by the member and, for a member who is vested on the date an application for a refund is filed, the member’s share of the accumulated employer contributions for the vested member at the date of the termination, may be paid to the member upon application, except as provided in subsections 2, 4, and 8. For the purpose of this subsection, the “member’s share of the accumulated employer contributions” is an amount equal to the accumulated employer contributions of the member multiplied by a fraction of years of service for that member as defined in section 97B.49A, 97B.49B, or 97B.49C.
2. If a vested member’s employment is terminated prior to the member’s retirement, other than by death, the member may receive a monthly retirement allowance commencing on the first day of the month in which the member attains the age of sixty-five years, if the member is then alive, or, if the member so elects in accordance with section 97B.47, commencing on the first day of the month in which the member attains the age of fifty-five or any month thereafter prior to the date the member attains the age of sixty-five years, and continuing on the first day of each month thereafter during the member’s lifetime, provided the member does not receive prior to the date the member’s retirement allowance is to commence a refund of moneys in the member’s account as provided under any of the provisions of this chapter. The amount of each such monthly retirement allowance shall be determined as provided in either sections 97B.49A through 97B.49G, or in section 97B.50, whichever is applicable.
3. A terminated, vested member has the right, prior to the commencement of the member’s retirement allowance, to receive a refund of moneys in the member’s account, and in the event of the death of the member prior to the commencement of the member’s retirement allowance and prior to the receipt of any such refund, the benefits authorized by section 97B.52, subsections 1 and 2, shall be paid.
4. A member has not terminated employment for purposes of this section if the member commences other covered employment within thirty days after the date employment was terminated with a covered employer, or if the member begins covered employment prior to filing a request for a refund with the system.
5. Within sixty days after a member has been issued payment for a refund of moneys in the member’s account, the member may repay the moneys refunded, plus interest that would have accrued, as determined by the system, and receive credit for membership service for the period covered by the refund payment.
6. A member who does not withdraw moneys in the member’s account upon termination of employment may at any time request the return of the moneys in the member’s account, but if the member receives a return of moneys in the member’s account the member has waived all claims for any other benefits and membership rights from the fund.
7. If a member is involuntarily terminated from covered employment, has been issued payment for a refund, and is retroactively reinstated in covered employment as a remedy for an employment dispute, the member may receive credit for membership service for the period covered by the refund payment upon repayment to the system within ninety days after the date of the order or agreement requiring reinstatement of the amount of the refund plus interest that would have accrued, as determined by the system.
8. The system is under no obligation to maintain the member account of a member who terminates covered employment prior to December 31, 1998, if the member was not vested at the time of termination. A person who made contributions to the abolished system, who is entitled to a refund in accordance with the provisions of this chapter, and who has not claimed and received such a refund prior to January 1, 1964, shall, if the person makes a claim for refund after January 1, 1964, be required to submit proof satisfactory to the system of the person’s entitlement to the refund. The system is under no obligation to maintain the member accounts of such persons after January 1, 1964.
9. Any member whose employment is terminated may elect to leave the moneys in the member’s member account in the retirement fund.
10. If an employee hired to fill a permanent position terminates the employee’s employment within six months from the date of employment, the employer may file a claim with the system for a refund of the funds contributed to the system by the employer for the employee.
[C46, 50, §97.6, 97.13, 97.45; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97B.53; 82 Acts, ch 1261, §24]
84 Acts, ch 1285, §16; 92 Acts, ch 1201, §56; 94 Acts, ch 1183, §45 – 47, 97; 96 Acts, ch 1187, §49; 98 Acts, ch 1183, §57 – 60, 78; 2000 Acts, ch 1077, §63; 2001 Acts, ch 68, §21, 24; 2002 Acts, ch 1135, §29; 2003 Acts, ch 145, §286; 2004 Acts, ch 1103, §47; 2015 Acts, ch 29, §13
Referred to in §97B.1A, 97B.39, 97B.42, 97B.49A, 97B.49H, 97B.50, 97B.70, 97B.80C
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.