reglab/statecodes huggingface dataset:
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 94A - EMPLOYMENT AGENCIES › Section 94A.1 - Definitions.

94A.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Applicant” means a person applying for a private employment agency license.
2. “Commissioner” means the labor commissioner, appointed pursuant to section 91.2, or the labor commissioner’s designee.
3. “Employee” means a person who seeks employment or who obtains employment through an employment agency.
4. “Employer” means a person who seeks one or more employees or who obtains one or more employees.
5. “Employment agency” means a person who brings together those desiring to employ and those desiring employment and who receives a fee, privilege, or other consideration directly or indirectly from an employee for the service. “Employment agency” does not include furnishing or procuring theatrical, stage, or platform attractions or amusement enterprises.
99 Acts, ch 130, §1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 94A - EMPLOYMENT AGENCIES › Section 94A.2 - Licensing.

94A.2 Licensing.
1. An employment agency shall obtain a license from the commissioner prior to transacting any business. Licenses expire on June 30 of each year.
2. A license application shall be in the form prescribed by the commissioner and shall be accompanied by all of the following:
a. A surety company bond in the sum of thirty thousand dollars, to be approved by the commissioner and conditioned to pay any damages that may accrue to any person due to a wrongful act or violation of law on the part of the applicant in the conduct of business.
b. The schedule of fees to be charged by the employment agency.
c. All contract forms to be signed by an employee.
d. An application fee of seventy-five dollars.
3. The commissioner shall grant or deny a license within thirty days from the filing date of a completed application.
4. The commissioner may revoke, suspend, or annul a license in accordance with chapter 17A upon good cause.
99 Acts, ch 130, §2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 94A - EMPLOYMENT AGENCIES › Section 94A.3 - General requirements.

94A.3 General requirements.
Each employment agency shall do all of the following:
1. Keep an employee record, which shall include the name of each employee signing a contract or agreement, the name and address of the employer, if employment is found, and the fee charged, paid, or refunded. Each record shall be maintained for at least two years.
2. Prior to referral to an employer, provide an employee with a copy of the contract or agreement, which specifies the fee or consideration to be paid by the employee.
99 Acts, ch 130, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 94A - EMPLOYMENT AGENCIES › Section 94A.4 - Prohibitions.

94A.4 Prohibitions.
1. A person shall not require an employee to pay a fee as a condition of application with an employer or an employment agency.
2. An employee shall not be required to pay a fee to an employer as a condition of hire.
3. An employer shall not require an employee to reimburse the employer for a fee the employer paid to an employment agency or other person or entity when the employee was hired.
4. An employment agency shall not do any of the following:
a. Send an employee or an application of an employee to an employer who has not applied to the employment agency for help or labor.
b. Through false notice, advertisement, or other means, fraudulently promise or deceive a person seeking help or employment with regard to the service to be rendered by the employment agency.
c. Divide a fee received from an employee with an employer or any member of an employer’s staff. The division of fees between one or more employment agencies that provided services is not prohibited.
d. Charge an employee any fee greater than the fee schedule on file with the commissioner without prior consent of the commissioner.
e. Charge a fee greater than fifteen percent of the employee’s annual gross earnings.
f. Require an employee to pay a fee in advance of earnings. If an employee wishes to pay a fee in advance of earnings, the contract between the employee and employment agency shall state that any advance payment by the employee is voluntary. If an employee works less than one year at the referred employment, the employment agency shall refund any amount in excess of fifteen percent of the employee’s gross earnings from the referred employment.
99 Acts, ch 130, §4
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 94A - EMPLOYMENT AGENCIES › Section 94A.5 - Powers and duties of the commissioner.

94A.5 Powers and duties of the commissioner.
1. At any time, the commissioner may examine the records, books, and any papers relating to the conduct and operation of an employment agency.
2. The commissioner shall adopt rules pursuant to chapter 17A to administer this chapter.
99 Acts, ch 130, §5
Referred to in §94A.6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 94A - EMPLOYMENT AGENCIES › Section 94A.6 - Violations.

94A.6 Violations.
1. A person who violates a provision of this chapter or who refuses the commissioner access to records, books, and papers pursuant to an examination under section 94A.5 shall be guilty of a simple misdemeanor.
2. If a person violates a provision of this chapter or refuses the commissioner access to records, books, and papers pursuant to an examination under section 94A.5, the commissioner shall assess a civil penalty against the person in an amount not greater than two thousand dollars.
99 Acts, ch 130, §6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.1 - Short title.

96.1 Short title.
This chapter shall be known and may be cited as the “Iowa Employment Security Law”.
[C39, §1551.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.1]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.1B - Additional definitions.

96.1B Additional definitions.
As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
2000 Acts, ch 1148, §1
C2001, §96.1A
2020 Acts, ch 1062, §94
C2021, §96.1B
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.2 - Guide for interpretation.

96.2 Guide for interpretation.
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment negatively impacts the health, morals, and welfare of the people of Iowa. These undesirable consequences can be reduced by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment. This chapter provides for payment of benefits to workers unemployed through no fault of their own. The policy herein is intended to encourage stabilization in employment, to provide for integrated employment and training services in support of state economic development programs, and to provide meaningful job training and employment opportunities for the unemployed, underemployed, economically disadvantaged, dislocated workers, and others with substantial barriers to employment. To further this public policy, the state, through its department of workforce development, will maintain close coordination among all federal, state, and local agencies whose missions affect the employment or employability of the unemployed and underemployed.
[C39, §1551.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.2]
2022 Acts, ch 1136, §1
Section amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.5A - Refusal of COVID-19 vaccination — no disqualification.

96.5A Refusal of COVID-19 vaccination — no disqualification.
Notwithstanding any other provision of this chapter to the contrary, an individual who is discharged from employment for refusing to receive a vaccination against COVID-19, as defined in section 686D.2, shall not be disqualified for benefits on account of such discharge.
2021 Acts, 2nd Ex, ch 1, §3, 5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.12 - State employment service.

96.12 State employment service.
1. Duties of department. The department shall establish and maintain free public employment services accessible to all Iowans for the purposes of this chapter, and for the purpose of performing the duties required by federal and state laws relating to employment and training including the Wagner-Peyser Act, 48 Stat. 113, codified at 29 U.S.C. §49. All duties and powers conferred upon any other department, agency, or officer of this state relating to the establishment, maintenance, and operation of free employment services shall be vested in the department. This state accepts and shall comply with the provisions of the Wagner-Peyser Act, as amended. The department is designated and constituted the agency of this state for the purpose of the Wagner-Peyser Act. The department may cooperate with the railroad retirement board with respect to the establishment, maintenance, and use of department facilities. The railroad retirement board shall compensate the department for the services or facilities in the amount determined by the department to be fair and reasonable.
2. Financing. For the purpose of establishing and maintaining free public employment offices, the department is authorized to enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of an employment security law, with any political subdivision of this state, or with any private, nonprofit organization, and as a part of any such agreement the department may accept moneys, services, or quarters as a contribution to the employment security administration fund.
[C39, §1551.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.12]
96 Acts, ch 1186, §19, 23; 2006 Acts, ch 1010, §46
Referred to in §96.13
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.15 - Waiver — fees — assignments — penalties.

96.15 Waiver — fees — assignments — penalties.
1. Waiver of rights void. Any agreement by an individual to waive, release, or commute the individual’s rights to benefits or any other rights under this chapter shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer’s contributions, required under this chapter from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer’s contributions required from the employer, or require or accept any waiver of any right under this chapter by any individual in the employer’s employ. Any employer or officer or agent of an employer who violates any provision of this subsection shall, for each offense, be guilty of a serious misdemeanor.
2. Prohibition against fees. An individual claiming benefits shall not be charged fees of any kind in any proceeding under this chapter by the department or its representatives or by a court or an officer of the court. An individual claiming benefits in a proceeding before the department, an appeal tribunal, or a court may be represented by counsel or other duly authorized agent. A person who violates a provision of this subsection is guilty of a serious misdemeanor for each violation.
3. No assignment of benefits — exemptions. Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void, and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts. Any waiver of any exemption provided for in this subsection shall be void.
[C39, §1551.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.15]
85 Acts, ch 54, §1; 96 Acts, ch 1186, §23; 2022 Acts, ch 1021, §37
Referred to in §96.3
Subsection 1 amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.17 - Counsel.

96.17 Counsel.
1. Legal services. In any civil action to enforce the provisions of this chapter, the department and the state may be represented by any qualified attorney who is a regular salaried employee of the department and is designated by it for this purpose or, at the department’s request, by the attorney general. In case the governor designates special counsel to defend on behalf of the state, the validity of this chapter, the expenses and compensation of such special counsel employed by the department in connection with such proceeding may be charged to the unemployment compensation administration fund.
2. County attorney. All criminal actions for violations of any provision of this chapter, or of any rules issued by the department pursuant thereto, shall be prosecuted by the prosecuting attorney of any county in which the employer has a place of business or the violator resides, or, at the request of the department, shall be prosecuted by the attorney general.
3. Indemnification. Any member of the department or any employee of the department shall be indemnified for any damages and legal expenses incurred as a result of the good faith performance of their official duties, for any claim for civil damages not specifically covered by the Iowa tort claims Act, chapter 669. Any payment described herein shall be paid from the special employment security contingency fund in section 96.13, subsection 3.
[C39, §1551.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.17]
96 Acts, ch 1186, §23; 2007 Acts, ch 22, §29
Referred to in §331.756(18)
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.18 - Nonliability of state.

96.18 Nonliability of state.
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the unemployment compensation fund, and neither the state nor the department shall be liable for any amount in excess of such sums.
[C39, §1551.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.18]
96 Acts, ch 1186, §23
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.21 - Termination.

96.21 Termination.
If at any time Tit. IX of the Social Security Act, as amended, shall be amended or repealed by Congress or held unconstitutional by the supreme court of the United States, with the result that no portion of the contributions required under this chapter may be credited against the tax imposed by said Tit. IX, in any such event the operation of the provisions of this chapter requiring the payment of contributions and benefits shall immediately cease, the department shall thereupon requisition from the unemployment trust fund all moneys therein standing to its credit, and such moneys, together with any other moneys in the unemployment compensation fund shall be refunded, without interest and under regulations prescribed by the department, to each employer by whom contributions have been paid, proportionately to the employer’s pro rata share of the total contributions paid under this chapter. Any interest or earnings of the fund shall be available to the department to pay for the costs of making such refunds. When the department shall have executed the duties prescribed in this section and performed such other acts as are incidental to the termination of its duties under this chapter, the provisions of this chapter, in their entirety, shall cease to be operative.
[C39, §1551.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.21]
96 Acts, ch 1186, §23; 2012 Acts, ch 1023, §14
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.23 - Base period exclusion.

96.23 Base period exclusion.
1. The department shall exclude three or more calendar quarters from an individual’s base period, as defined in section 96.1A, subsection 3, if the individual received workers’ compensation benefits for temporary total disability or during a healing period under section 85.33, section 85.34, subsection 1, or section 85A.17 or indemnity insurance benefits during those three or more calendar quarters, if one of the following conditions applies to the individual’s base period:
a. The individual did not receive wages from insured work for three calendar quarters.
b. The individual did not receive wages from insured work for two calendar quarters and did not receive wages from insured work for another calendar quarter equal to or greater than the amount required for a calendar quarter, other than the calendar quarter in which the individual’s wages were highest, under section 96.4, subsection 4, paragraph “a”.
2. The department shall substitute, in lieu of the three or more calendar quarters excluded from the base period, those three or more consecutive calendar quarters, immediately preceding the base period, in which the individual did not receive such workers’ compensation benefits or indemnity insurance benefits.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.23]
83 Acts, ch 190, §25, 27; 86 Acts, ch 1034, §2, 3; 96 Acts, ch 1186, §23; 2008 Acts, ch 1032, §201; 2009 Acts, ch 22, §6; 2020 Acts, ch 1062, §90
Referred to in §96.7(2)(a)
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.24 - Employer to be notified.

96.24 Employer to be notified.
Whenever an employee is separated from employment for the purpose of joining the armed forces of the United States, the employee shall notify the employer in writing of the employee’s acceptance and date of reporting for service and the employer shall, within fifteen days after said notice from the employee, notify the department of such separation and date of termination of wages on a form furnished by the department.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.24]
96 Acts, ch 1186, §23
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.25 - Office building.

96.25 Office building.
The department may acquire for and in the name of the state of Iowa by purchase, or by rental purchase agreement, such lands and buildings upon such terms and conditions as may entitle this state to grants or credits of funds under the Social Security Act or the Wagner-Peyser Act to be applied against the cost of such property, for the purpose of providing office space for the department at such places as the department finds necessary and suitable.
[C62, 66, 71, 73, 75, 77, 79, 81, §96.25]
86 Acts, ch 1245, §1979; 96 Acts, ch 1186, §23
Referred to in §96.26, 96.27, 96.28
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.26 - Moneys received.

96.26 Moneys received.
The department is authorized to accept, receive, and receipt for all moneys received from the United States for the payments authorized by section 96.25, this section, section 96.27, and section 96.28 for lands and buildings and to comply with any rules made under the Social Security Act or the Wagner-Peyser Act.
[C62, 66, 71, 73, 75, 77, 79, 81, §96.26]
96 Acts, ch 1186, §23; 2021 Acts, ch 80, §48
Referred to in §96.28
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.27 - Approval of attorney general.

96.27 Approval of attorney general.
An agreement made for the purchase or other acquisition of the premises mentioned in section 96.25 with funds granted or credited to this state for such purpose under the Social Security Act or the Wagner-Peyser Act shall be subject to the approval of the attorney general of the state of Iowa as to form and as to title thereto.
[C62, 66, 71, 73, 75, 77, 79, 81, §96.27]
2012 Acts, ch 1023, §15
Referred to in §96.26, 96.28
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.28 - Deposit of funds.

96.28 Deposit of funds.
All moneys received from the United States for the payments authorized by sections 96.25 through 96.27 for lands and buildings shall be deposited in the employment security administration fund in the state treasury and are appropriated therefrom for the purposes of this chapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §96.28]
2021 Acts, ch 80, §49
Referred to in §96.26
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.31 - Tax for benefits.

96.31 Tax for benefits.
Political subdivisions may levy a tax outside their general fund levy limits to pay the cost of unemployment benefits. For school districts the cost of unemployment benefits shall be included in the district management levy pursuant to section 298.4.
[C79, 81, §96.31]
83 Acts, ch 123, §50, 209; 89 Acts, ch 135, §51
Referred to in §298.4
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.32 - Fraud and overpayment personnel.

96.32 Fraud and overpayment personnel.
It is the declared intent of the general assembly of the state of Iowa that the department shall employ employees as full-time claims specialists in the fraud and overpayment section of the job insurance bureau of the department to the extent that federal funds are available to the department for the employment of such full-time personnel.
[C79, 81, §96.32]
96 Acts, ch 1186, §23
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.36 - Franchisor-franchisee relationship.

96.36 Franchisor-franchisee relationship.
1. For purposes of this section, “franchisee” and “franchisor” mean the same as defined in section 523H.1.
2. For purposes of this chapter, a franchisor shall not be considered to be an employer of a franchisee or of an employee of a franchisee unless any of the following conditions apply:
a. The franchisor has agreed in writing to be considered to be the employer of the franchisee or of the employees of the franchisee.
b. The franchisor has been found by the department to have exercised a type or degree of control over the franchisee or the franchisee’s employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor’s trademarks and brand.
2019 Acts, ch 21, §4, 6
Section applies to work performed on or after July 1, 2019;
2019 Acts, ch 21, §6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 96 - EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION › Section 96.51 - Field office operating fund.

96.51 Field office operating fund.
A field office operating fund is created in the state treasury under the control of the department of workforce development. The fund is separate and distinct from the unemployment compensation fund. All moneys properly credited to and deposited in the fund are annually appropriated to the department of workforce development to be used for personnel and nonpersonnel costs of operating field offices.
2005 Acts, ch 170, §20
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97 - OLD-AGE AND SURVIVORS’ INSURANCE SYSTEM › Section 97.52 - Administration agreements.

97.52 Administration agreements.
The Iowa public employees’ retirement system created in section 97B.1 may enter into agreements whereby services performed by the system and its employees under this chapter and chapters 97B and 97C shall be equitably apportioned among the funds provided for the administration of those chapters. The money spent for personnel, rentals, supplies, and equipment used by the system in administering the chapters shall be equitably apportioned and charged against the funds.
[C46, 50, §97.3 – 97.5, 97.23, 97.48; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97.52]
86 Acts, ch 1244, §19; 2003 Acts, ch 145, §167; 2007 Acts, ch 22, §30
Referred to in §97.53, 97B.1A, 97B.42, 97B.43, 97B.56
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97 - OLD-AGE AND SURVIVORS’ INSURANCE SYSTEM › Section 97.53 - Rule of construction.

97.53 Rule of construction.
As used in sections 97.50 through 97.52, unless clearly indicated by the context to the contrary, all references to employment or service refer to employment or service in Iowa public employment.
[C46, 50, §97.1, 97.2; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97.53]
2021 Acts, ch 80, §51
Referred to in §97B.1A, 97B.42, 97B.43, 97B.56
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.2 - Creation of system — purpose — name.

97A.2 Creation of system — purpose — name.
The Iowa department of public safety peace officers’ retirement, accident, and disability system is created. It is the purpose of this chapter to provide certain retirement and other benefits for the peace officers of the Iowa department of public safety named in this chapter, or benefits to their dependents, in amounts and under terms and conditions set forth in this chapter. The system shall be administered under the direction of the board of trustees, and shall transact all of its business, invest all of its funds, and hold all of its cash and security and other property in the name of the Iowa department of public safety peace officers’ retirement, accident, and disability system.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97A.2]
86 Acts, ch 1245, §244
Referred to in §97A.1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.4 - Service creditable.

97A.4 Service creditable.
1. Service for fewer than six months of a year is not creditable as service. Service of six months or more of a year is equivalent to one year of service, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall the board of trustees allow credit as service for any period of more than one month duration during which the member was absent without pay.
2. Any member of the system who has been employed continuously prior to the passage of this chapter in the division of state patrol or the division of criminal investigation in the department of public safety, or as a member of the state patrol, or as a peace officer or a member of the uniformed force in any department or division whose functions were transferred to, merged, or consolidated in the department of public safety at the time such department was created, shall receive credit for such service in determining retirement and disability benefits provided for in this chapter. Arson investigators who have contributed to this system prior to July 1, 1978, shall receive credit for such service in determining retirement and disability benefits.
3. The board of trustees shall credit as service for a member of the system a previous period of service for which the member had withdrawn the member’s accumulated contributions, as defined in section 97A.15.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97A.4]
90 Acts, ch 1240, §1; 92 Acts, ch 1232, §506; 98 Acts, ch 1074, §12; 2005 Acts, ch 35, §31; 2016 Acts, ch 1011, §121
Referred to in §97A.15
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.6A - Optional retirement benefits.

97A.6A Optional retirement benefits.
1. In lieu of the retirement benefits otherwise provided upon service retirement for members of the system and the members’ beneficiaries, members may elect to receive an optional retirement benefit during the member’s lifetime and have the optional retirement benefit, or a designated fraction of the optional retirement benefit, continued and paid to the member’s beneficiary after the member’s death and during the lifetime of the beneficiary.
2. The member shall make the election request in writing to the board of trustees at the time of the member’s service retirement. The election is subject to the approval of the board of trustees. If the member is married, the election of an option under this section requires the written acknowledgment of the member’s spouse.
3. A member’s optional retirement benefits shall be the actuarial equivalent of the amount of the retirement benefits payable to the member and the member’s beneficiaries under the service retirement provisions of this chapter. The actuarial equivalent shall be based on the mortality and interest assumptions set out in section 97A.5.
4. If the member dies without a beneficiary prior to receipt in benefits of an amount equal to the total amount remaining to the member’s credit at the time of separation from service, the election is void.
5. If the member dies with a beneficiary and the beneficiary subsequently dies prior to receipt in retirement benefits by both the member and the beneficiary of an amount equal to the total amount remaining to the member’s credit at the time of separation from service, the election remains valid.
6. For the purpose of this section, “beneficiary” means a spouse, child, or a dependent parent.
90 Acts, ch 1240, §10; 2016 Acts, ch 1011, §121
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.6B - Rollovers of members’ accounts.

97A.6B Rollovers of members’ accounts.
1. As used in this section, unless the context otherwise requires:
a. “Direct rollover” means a payment by the system to the eligible retirement plan specified by the member or the member’s surviving spouse.
b. (1) “Eligible retirement plan” means either of the following that accepts an eligible rollover distribution from a member or a member’s surviving spouse:
(a) An individual retirement account in accordance with section 408(a) of the federal Internal Revenue Code.
(b) An individual retirement annuity in accordance with section 408(b) of the federal Internal Revenue Code.
(2) In addition, an “eligible retirement plan” includes an annuity plan in accordance with section 403(a) of the federal Internal Revenue Code, or a qualified trust in accordance with section 401(a) of the federal Internal Revenue Code, that accepts an eligible rollover distribution from a member.
c. “Eligible rollover distribution” means all or any portion of a member’s account, except that an eligible rollover distribution does not include any of the following:
(1) 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.
(2) A distribution to the extent that the distribution is required pursuant to section 401(a)(9) of the federal Internal Revenue Code.
(3) 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.
(4) A distribution of less than two hundred dollars of taxable income.
2. Effective January 1, 1993, a member or a member’s surviving spouse may elect, at the time and in the manner prescribed in rules adopted by the board of trustees, to have the system pay all or a portion of an eligible rollover distribution directly to an eligible retirement plan, specified by the member or the member’s surviving spouse, in a direct rollover. If a member or a member’s surviving spouse elects a partial direct rollover, the amount of funds elected for the partial direct rollover must equal or exceed five hundred dollars.
94 Acts, ch 1183, §9; 2008 Acts, ch 1032, §201
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.7 - Management of funds.

97A.7 Management of funds.
1. The board of trustees shall be the trustees of the retirement fund created by this chapter as provided in section 97A.8 and shall have full power to invest and reinvest funds subject to the terms, conditions, limitations, and restrictions imposed by subsection 2 and chapters 12F, 12H, and 12J and subject to like terms, conditions, limitations, and restrictions said trustees shall have full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities and investments of the retirement fund which have been invested, as well as of the proceeds of said investments and any moneys belonging to the retirement fund. The board of trustees may authorize the treasurer of state to exercise any of the duties of this section. When so authorized the treasurer of state shall report any transactions to the board of trustees at its next monthly meeting.
2. The retirement fund created by this chapter may be invested in any investments authorized for the Iowa public employees’ retirement system in section 97B.7A.
3. The treasurer of state shall be the custodian of the retirement fund. All payments from the retirement fund shall be made by the treasurer only upon vouchers signed by two persons designated by the board of trustees. A duly attested copy of the resolution of the board of trustees designating such persons and bearing on its face specimen signatures of such persons shall be filed with the treasurer of state as the treasurer’s authority for making payments on such vouchers. No voucher shall be drawn unless it shall previously have been allowed by resolution of the board of trustees.
4. A member of the board of trustees or an employee of the department of public safety shall not have a direct interest in the gains or profits of any investment made by the board of trustees. A trustee shall not receive any pay or emolument for the trustee’s services. A trustee or employee of the department of public safety shall not directly or indirectly use the assets of the system except to make current and necessary payments as authorized by the board of trustees, nor shall a trustee or employee of the department of public safety become an endorser or surety or become in any manner an obligor for moneys loaned by or borrowed from the board of trustees.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97A.7]
86 Acts, ch 1245, §248; 96 Acts, ch 1187, §92; 97 Acts, ch 23, §9; 2001 Acts, ch 68, §6, 24; 2003 Acts, ch 145, §169; 2007 Acts, ch 39, §9; 2008 Acts, ch 1171, §10; 2011 Acts, ch 82, §9; 2017 Acts, ch 29, §35
Referred to in §97A.5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.9 - Military service exceptions.

97A.9 Military service exceptions.
A member who is absent from duty as a peace officer while serving in the armed services of the United States or its allies and is discharged or separated from service in the armed forces under honorable conditions shall have the period of absence while serving in the armed services on other than a voluntary basis and one period of absence, not in excess of four years, while serving in the armed forces on a voluntary basis, included as part of the member’s period of service in the department. The member is not required to continue the contributions required of the member under section 97A.8, during the period of military service, if the member, within one year after the member has been discharged or separated under honorable conditions from military service returns, and resumes the member’s duties in the department, and if the member is declared physically capable to resume those duties upon examination by the medical board.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97A.9]
88 Acts, ch 1242, §7
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.10 - Purchase of eligible service credit.

97A.10 Purchase of eligible service credit.
1. For purposes of this section:
a. (1) “Eligible qualified service” means service as a member of a city fire retirement system or police retirement system operating under chapter 411 prior to January 1, 1992, for which service was not eligible to be transferred to this system pursuant to section 97A.17.
(2) “Eligible qualified service” under this paragraph “a” does not include service if the receipt of credit for such service would result in the member receiving a retirement benefit under more than one retirement plan for the same period of service.
b. “Permissive service credit” means credit that will be recognized by the retirement system for purposes of calculating a member’s benefit, for which the member did not previously receive service credit in the retirement system, and for which the member voluntarily contributes to the retirement system the amount required by the retirement system, not in excess of the amount necessary to fund the benefit attributable to such service.
2. An active member of the system may make contributions to the system to purchase up to the maximum amount of permissive service credit for eligible qualified service as determined by the system, pursuant to Internal Revenue Code section 415(n) and the requirements of this section. A member seeking to purchase permissive service credit pursuant to this section shall file a written application along with appropriate documentation with the department by July 1, 2011.
3. A member making contributions for a purchase of permissive service credit for eligible qualified service under this section shall make contributions in an amount equal to the actuarial cost of the permissive service credit purchase, less an amount equal to the member’s contributions under chapter 411 for the period of eligible qualified service together with interest at a rate determined by the board of trustees. For purposes of this subsection, the actuarial cost of the permissive service credit purchase is an amount determined by the system in accordance with actuarial tables, as reported to the system by the system’s actuary, which reflects the actuarial cost necessary to fund an increased retirement allowance resulting from the purchase of permissive service credit.
2006 Acts, ch 1028, §1; 2008 Acts, ch 1032, §201; 2010 Acts, ch 1167, §10, 11
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.10A - Purchase of service credit for military service.

97A.10A Purchase of service credit for military service.
1. An active member of the system who has been a member of the retirement system five or more years may elect to purchase up to five years of service credit for military service, other than military service required to be recognized under Internal Revenue Code §414(u) or under the federal Uniformed Services Employment and Reemployment Rights Act, that will be recognized by the retirement system for purposes of calculating a member’s benefit, pursuant to Internal Revenue Code §415(n) and the requirements of this section.
2. a. A member seeking to purchase service credit pursuant to this section shall file a written application with the system requesting an actuarial determination of the cost of a purchase of service credit. Upon receipt of the cost estimate for the purchase of service from the system, the member may make contributions to the system in an amount equal to the actuarial cost of the service credit purchase.
b. For purposes of this subsection, the actuarial cost of the service credit purchase is an amount determined by the system in accordance with actuarial tables, as reported to the system by the system’s actuary, which reflects the actuarial cost necessary to fund an increased retirement allowance resulting from the purchase of service credit.
3. The system shall ensure that the member, in exercising an option provided in this section, does not exceed the amount of annual additions to a member’s account permitted pursuant to §415 of the Internal Revenue Code.
4. The board of trustees shall adopt rules providing for the implementation and administration of this section.
2010 Acts, ch 1171, §2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.11 - Contributions by the state.

97A.11 Contributions by the state.
On or before the first day of January in each year, the board of trustees shall certify to the director of the department of administrative services the amounts which will become due and payable during the fiscal year next following to the retirement fund. The amounts so certified shall be paid by the director of the department of administrative services out of the funds appropriated for the Iowa department of public safety, to the treasurer of state, the same to be credited to the system for the ensuing fiscal year.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97A.11]
2003 Acts, ch 145, §286; 2008 Acts, ch 1171, §12; 2010 Acts, ch 1167, §12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.11A - Supplemental state appropriation.

97A.11A Supplemental state appropriation.
1. Beginning with the fiscal year commencing July 1, 2013, and ending June 30 of the fiscal year during which the board determines that the system’s funded ratio of assets to liabilities is at least eighty-five percent, there is appropriated from the general fund of the state for each fiscal year to the retirement fund described in section 97A.8, an amount equal to five million dollars.
2. Moneys appropriated by the state pursuant to this section shall not be used to reduce the normal rate of contribution by the state below seventeen percent.
2010 Acts, ch 1167, §13; 2012 Acts, ch 1138, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.12 - Exemption from execution and other process or assignment — exceptions.

97A.12 Exemption from execution and other process or assignment — exceptions.
The right of any person to a pension, annuity, or retirement allowance, to the return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit or death benefit, any other right accrued or accruing to any person under this chapter, and the moneys in the retirement fund created under this chapter, are not subject to execution, garnishment, attachment, or any other process whatsoever, and are unassignable except for the purposes of enforcing child, spousal, or medical support obligations or marital property orders, or as otherwise specifically provided in this chapter. For the purposes of enforcing child, spousal, or medical support obligations, the garnishment or attachment of or the execution against compensation due a person under this chapter shall not exceed the amount specified in 15 U.S.C. §1673(b).
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97A.12]
89 Acts, ch 228, §1; 96 Acts, ch 1187, §97; 2008 Acts, ch 1171, §13
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.13 - Protection against fraud.

97A.13 Protection against fraud.
Any person who shall knowingly make any false statement, or shall falsify or permit to be falsified any record or records of the system in any attempt to defraud the system as a result of such act, shall be guilty of a fraudulent practice. Should any change or error in records result in any member or beneficiary receiving from the system more or less than the person would have been entitled to receive had the records been correct, the board of trustees shall correct such error, and, as far as practicable, shall adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled, shall be paid.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97A.13]
Fraudulent practices, see §714.8
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 97A - PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM › Section 97A.14 - Hospitalization and medical attention.

97A.14 Hospitalization and medical attention.
1. The board of trustees shall provide hospital, nursing, and medical attention for the members in service when injured while in the performance of their duties and shall continue to provide hospital, nursing, long-term care, and medical attention for injuries or diseases incurred while in the performance of their duties for the members but only while the members are still receiving a retirement allowance under section 97A.6, subsection 6. The cost of hospital, nursing, and medical attention shall be paid out of the retirement fund. However, any amounts received by the injured person under the workers’ compensation law of the state, or from any other source for such specific purposes, shall be deducted from the amount paid by the board of trustees under this section.
2. For purposes of this section, medical attention shall include but not be limited to services provided by licensed medical personnel to include office, hospital, nursing home care, long-term care, and prescriptions for medicine or equipment. Within twelve months of receiving treatment or incurring a cost with direct correlation to the disabling condition, the beneficiary of an accidental disability benefit shall submit a written request for reimbursement to the board. A denial of reimbursement by the board shall be subject to judicial review in the same manner as any other action by the board in accordance with section 97A.6, subsection 13.
[C73, 75, 77, 79, 81, §97A.14]
2008 Acts, ch 1171, §14; 2010 Acts, ch 1167, §14
Referred to in §97A.14A