reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.312 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposed decision.
The decision prepared by the presiding
			 officer is a proposed decision. The proposed decision becomes the final
			 decision of the board without further proceedings unless there is an appeal to,
			 or review on motion of, the board within the time provided in subrule
			 401.312(2).
(2)
Appeals and
			 review.
a.
Appeal by
			 party.
Any adversely affected party may appeal a proposed decision to
			 the board within 30 days after issuance of the proposed decision.
b.
Review.
The board may
			 initiate review of a proposed decision on its own motion at any time within 30
			 days following the issuance of such a decision.
c.
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with the board. The notice of appeal must be signed by the appealing party or a
			 representative of that party and contain a certificate of service. The notice
			 shall specify:
(1) The parties initiating the
			 appeal;
(2) The proposed decision
			 or order appealed from;
(3) The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
(4) The relief sought;
(5) The grounds for relief.
d.
Requests to present
			 additional evidence.
A party may request the taking of additional
			 evidence only by establishing that the evidence is material, that good cause
			 existed for the failure to present the evidence at the hearing, and that the
			 party has not waived the right to present the evidence. A written request to
			 present additional evidence must be filed with the notice of appeal or, by a
			 nonappealing party, within 14 days of service of the notice of appeal. The
			 board may remand a case to the presiding officer for further hearing or may
			 itself preside at the taking of additional evidence.
e.
Scheduling.
The board
			 shall issue a schedule for consideration of the appeal.
f.
Briefs and arguments.
Unless otherwise ordered, briefs, if any, must be filed within five days of
			 meeting.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.313 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.314 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought.
(3)
Time of filing.
The
			 application shall be filed with the board within 20 days after issuance of the
			 final decision.
(4)
Notice
			 to other parties. A
copy of the application shall be timely mailed by
			 the applicant to all parties of record not joining therein.
(5)
Disposition.
The board
			 may meet telephonically to consider an application for rehearing. Any
			 application for a rehearing shall be deemed denied unless the board grants the
			 application within 20 days after its filing.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.100 - Age of Qualification

Current through Register Vol. 47, No. 3, July 24, 2024
The age of qualification for benefits under Iowa Code
				Supplement chapter 97A shall mean the age on the member's last
				birthday.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.102 - Application of Iowa Code Supplement Section 97a.6, Subsection 12

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code Supplement section
				97A.6, subsection 12,
				applies to the deceased member's spouse and children only if the spouse was
				married to the deceased member at or before the time of retirement and the
				children are the natural children of the deceased member or were legally
				adopted at or before the time of retirement of the member. If there is no
				surviving spouse of a marriage solemnized prior to retirement of a deceased
				member, then "surviving spouse" means a surviving spouse of a marriage of two
				years or more solemnized subsequent to the retirement of the
				member.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.103 - Date of Death

Current through Register Vol. 47, No. 3, July 24, 2024
In the event of the death of a member, the date of death will
				be considered to be the member's last day on the payroll for earned
				compensation or on pension, and the next day following will be the first day
				for the spouse's and children's benefits. The start of benefits shall not be
				delayed by the payout of any other compensation.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.104 - Age of Spouse

Current through Register Vol. 47, No. 3, July 24, 2024
When the spouse of a deceased active member is to receive an
				annuity payment from the member's contributions, the age of the spouse at the
				spouse's nearest birthday shall govern. The computation shall be the spouse's
				birth date subtracted from the first date that spouse's benefits begin to
				accrue.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.200 - Computation of Average Final Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
Computation of the average final compensation shall be made
				using the earnable compensation of the member during the three years of the
				member's service as a member of the department during which the member received
				the highest amount of compensation. Overtime compensation, if any, and periods
				without pay shall not be considered in this computation.
Exception: If a member retires before attaining three years of
				service, the average final compensation shall be the total of the earnable
				compensation from the date the member was sworn into service divided by the
				number of months of service and multiplied by 12.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.201 - Workers' Compensation-effect on Benefit Payment

Current through Register Vol. 47, No. 3, July 24, 2024
If workers' compensation benefits are payable because of a
				member's disability or death, the retirement or death benefit payable, other
				than a line-of-duty death benefit paid pursuant to 661-Chapter 403, from the
				system shall be reduced by the actuarial equivalent of the total workers'
				compensation.
(1) Monthly peace
			 officers' retirement system benefits shall be reduced by the monthly benefit
			 received from workers' compensation.
(2) Peace officers' retirement system
			 benefits shall be reduced in the amount of permanent partial disability
			 benefits paid by workers' compensation. Benefits will be withheld in the amount
			 of permanent partial disability benefits.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.203 - Initial Benefit for a Child

Current through Register Vol. 47, No. 3, July 24, 2024
Initial benefit for a child as specified in Iowa Code
				Supplement section
				97A.6, subsection 8,9 or
				12, shall be 6 percent of the monthly earnable compensation payable to an
				active member having the rank of senior trooper of the Iowa state patrol. A
				senior trooper, for the purposes of Iowa Code Supplement chapter 97A, is a
				peace officer having at least ten years of active service with the Iowa state
				patrol.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.204 - Computation for Partial Month

Current through Register Vol. 47, No. 3, July 24, 2024
Computation of retirement benefits for a partial month shall be
				based on the actual number of days in the month, i.e., monthly benefits divided
				by the number of days in the month multiplied by the number of days
				due.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.205 - One Year of Service

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of computing service, service for fewer than
				six months of a year is not creditable as service. Service of six months or
				more in any year shall be equivalent to one year of service; however, in no
				case shall a member receive more than one year of service credit for each
				12-month period of service.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.206 - Termination Prior to Retirement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Members who terminate covered employment
			 prior to age 55 other than by death or disability have certain rights to their
			 accumulated contributions.
a. A member with
			 fewer than four years of service is not entitled to benefits under the system.
			 A member terminating employment with less than four years of service has the
			 following options for the handling of the member's contributions to the system:
(1) The member may withdraw the member's
			 contributions along with accumulated interest.
(2) The member may have all or a part of the
			 member's qualifying contributions along with accumulated interest rolled
			 forward to a qualified retirement plan and may withdraw the balance of the
			 member's contributions.
(3) The
			 member may leave the member's contributions in the system as long as the member
			 continues to be a member of the system. A member ceases to be a member of the
			 system should the member in any period of five consecutive years after last
			 becoming a member be absent from service for more than four years. Should a
			 member cease to be a member, the member's contributions shall be paid to the
			 member as provided in this paragraph.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.207 - Optional Retirement Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
Members of the system who retire under a service retirement may
				elect to receive one of the following optional retirement benefits and have the
				optional retirement benefit or a designated fraction of the benefit paid to the
				member's beneficiary:
1. Straight life
			 annuity.
2. Straight life annuity
			 with five years certain.
3.
			 Straight life annuity with ten years certain.
4. Joint and 50 percent survivor
			 annuity.
5. Joint and 75 percent
			 survivor annuity.
6. Joint and 100
			 percent survivor annuity.
7. Single
			 life annuity with a designated lump sum.
For the purposes of this rule, a "beneficiary" means a member's
				spouse, child, or dependent parent.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.208 - Options Not Reversible Once Payments Begin-exceptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The member may change or cancel the
			 member's selected optional benefit until the first monthly benefit payment is
			 made using the selected option. After the first monthly payment to the member
			 or beneficiary, the option shall become permanent and not subject to
			 cancellation or change.
(2) If a
			 member dies without designating a beneficiary prior to receipt in benefits of
			 an amount equal to the total amount in the member's credit at the time of
			 separation from service, the election is void.
(3) If a member who has designated a
			 beneficiary dies and the beneficiary subsequently dies prior to receipt in
			 benefits of an amount equal to the total amount in the member's credit at the
			 time of separation from service, the election remains valid.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.209 - Method of Calculating Annual Adjustments When Optional Retirement Benefits Are Selected

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever an optional benefit as provided for in rule
				661-402.207
				(97A) has been selected by a member, the annual adjustments provided for in
				Iowa Code Supplement section
				97A.6, subsection 14,
				shall continue to be provided.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.210 - Termination of Benefits When Optional Retirement Benefits Are Selected

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever an optional benefit as provided for in rule
				661-402.207
				(97A) has been selected by a member, benefit payments shall terminate as
				follows, except as provided in rule
				661-402.208
				(97A):
1. Straight life annuity. Upon
			 the death of the retired member, all future retirement payments shall
			 cease.
2. Straight life annuity
			 with five years certain. Upon the death of the retired member, or five years
			 from the member's original retirement date, whichever is later, all future
			 retirement payments shall cease.
3.
			 Straight life annuity with ten years certain. Upon the death of the retired
			 member, or ten years from the member's original retirement date, whichever is
			 later, all future retirement payments shall cease.
4. Joint and 50 percent survivor annuity.
			 Upon the death of the retired member, the surviving beneficiary shall have the
			 beneficiary's annual annuity established at 50 percent of the member's amount.
			 Upon the death of both the member and the beneficiary, all future retirement
			 payments shall cease.
5. Joint and
			 75 percent survivor annuity. Upon the death of the retired member, the
			 surviving beneficiary shall have the beneficiary's annual annuity established
			 at 75 percent of the member's amount. Upon the death of both the member and the
			 beneficiary, all future retirement payments shall cease.
6. Joint and 100 percent survivor annuity.
			 Upon the death of the retired member, the surviving beneficiary shall have the
			 annual annuity continue at the member's amount. Upon the death of both the
			 member and the beneficiary, all future retirement payments shall
			 cease.
7. Single life annuity with
			 a designated lump sum. Upon the death of the retired member, the beneficiary
			 shall receive the single lump-sum payment, and all future retirement payments
			 shall cease.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.211 - Impact of Optional Benefit Selections on Child Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
The selection of an optional retirement benefit by a member
				shall not change the benefit that a child of a deceased member would otherwise
				be eligible to receive.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.212 - Method of Calculating Annual Adjustment for Members Who Retire on or After July 1, 2010

Current through Register Vol. 47, No. 3, July 24, 2024
For members retiring on or after July 1, 2010, there shall be
				an adjustment occurring on July 1 for which the following applicable amount
				shall be added to the member's monthly allowance:
(1) On the first July 1 following the
			 retirement of a member, there shall be added to the monthly allowance the
			 amount of $15. There shall be no other adjustment to the monthly allowance
			 under the provisions of this rule until the adjustment provided in subrule
			 402.212(2) applies.
(2) An
			 additional $5 shall be added to the member's monthly allowance when the
			 member's retirement date was at least five years, but less than ten years,
			 prior to the effective date of the adjustment, the total adjustment to the
			 member's monthly allowance then being $20. There shall be no other adjustment
			 to the monthly allowance under the provisions of this rule until the adjustment
			 provided in subrule 402.212(3) applies.
(3) An additional $5 shall be added to the
			 member's monthly allowance when the member's retirement date was at least 10
			 years, but less than 15 years, prior to the effective date of the adjustment,
			 the total adjustment to the member's monthly allowance then being $25. There
			 shall be no other adjustment to the monthly allowance under the provisions of
			 this rule until the adjustment provided in subrule 402.212(4)
			 applies.
(4) An additional $5 shall
			 be added to the member's monthly allowance when the member's retirement date
			 was at least 15 years, but less than 20 years, prior to the effective date of
			 the adjustment, the total adjustment to the member's monthly allowance then
			 being $30. There shall be no other adjustment to the monthly allowance under
			 the provisions of this rule until the adjustment provided in subrule 402.212(5)
			 applies.
(5) An additional $5 shall
			 be added to the member's monthly allowance when the member's retirement date
			 was at least 20 years prior to the effective date of the adjustment, the total
			 adjustment to the member's monthly allowance then being $35.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.213 - Method of Calculating Annual Adjustment for Members Who Retired Prior to July 1, 2010

Current through Register Vol. 47, No. 3, July 24, 2024
For members having retired before July 1,2010, there shall be
				an adjustment occurring on July 1 for which the following applicable amount
				shall be added to the member's monthly allowance:
(1) For members having retired on or after
			 July 2, 2009, but before July 1, 2010, there shall be added to the monthly
			 pension allowance the amount of $ 15. There shall be no other adjustment to the
			 monthly allowance under the provisions of this rule until the adjustment
			 provided in subrule 402.212(2) applies.
(2) For members having retired on or after
			 July 2, 2008, but before July 2, 2009, no adjustment to the monthly allowance
			 shall be made until the adjustment provided in subrule 402.212(2)
			 applies.
(3) For members having
			 retired on or after July 2, 2007, but before July 2, 2008, no adjustment to the
			 monthly allowance shall be made until the adjustment provided in subrule
			 402.212(5) applies.
(4) For those
			 members having retired on or before July 1, 2007, thus having received more
			 than a total of $35 added to the monthly allowance, there shall be no
			 additional adjustments made to monthly allowances. Adjustments having resulted
			 in more than $35 added to the monthly allowance prior to July 1, 2010, shall
			 not be considered overpayments, and the monthly allowances of members so
			 affected shall not be reduced, nor shall members be required to repay any
			 amount to the system.
Note: The following table summarizes the adjustments provided
				for in this rule.
Retirement Date
July 1 Monthly Allowance Adjustment
Adjustment Date
July 2, 2009 - June 30, 2010
$15.00
July 1, 2010
July 2, 2008 -July 1,2009
$5.00
July 1, 2013
July 2, 2007 -July 1,2008
$5.00
July 1, 2028
Retired before July 2, 2007
$0.00
Not applicable
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.214 - Determination of Survivor's Pension

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of determining a survivor's pension, the
				adjustments to monthly allowance provided in rules
				661-402.212
				(97A) and
				661-402.213
				(97A) shall be reduced in the same manner as is provided for the member's
				optional retirement benefit election made under rule
				661-402.207
				(97A) or as provided in Iowa Code section
				97A.6(12).
Note: Section 17 of 2010 Iowa Acts, House File 2518, reads as
				follows:
Sec. 17. PUBLIC SAFETY PEACE
			 OFFICERS' RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM-ADJUSTMENT OF PENSIONS
			 PAYABLE. It is the intent of the general assembly that the applicable amount
			 for each adjustment occurring on July 1 as provided in section
			 97A.6, subsection 14,
			 paragraph "a", subparagraph (2), subparagraph division (a), shall be the exact
			 dollar amount listed in each subparagraph subdivision of subparagraph division
			 (a) for each July 1 in which that particular subparagraph subdivision applies
			 and shall not be increased above the amount listed in that subparagraph
			 subdivision for each year that the subparagraph subdivision applies. However,
			 the applicable amount for each adjustment occurring on or after July 1, 2010,
			 as provided by this section, shall not be less than the applicable amount for
			 the adjustment for the previous July 1.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.300 - Purchase of Eligible Service Credit

Current through Register Vol. 47, No. 3, July 24, 2024
Effective July 1, 2010, and no later than July 1, 2011, an
				active member may make application to the system to purchase up to the maximum
				amount of permissive service credit for eligible qualified
				service.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.301 - Determination of Eligible Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible qualified
			 service.
"Eligible qualified service" means service as a member of a
			 city fire retirement system or police retirement system operating under Iowa
			 Code chapter 411 prior to January 1, 1992, for which service has not previously
			 been credited. Eligible qualified service does not include service if the
			 receipt of credit for such service would result in the member's receiving a
			 retirement benefit under more than one retirement plan for the same period of
			 service.
(2)
Permissive
			 service credit.
a. Permissive
			 service credit is credit that will be recognized by the system for purposes of
			 calculating a member's benefit, for which the member did not previously receive
			 service credit in the system, and for which the member voluntarily contributes
			 to the system the amount required by the system, not in excess of the amount
			 necessary to fund the benefit attributable to such service.
b. Permissive service credit shall be
			 calculated in years at the rate of one year of service for six months or more
			 of a year actually worked with no more than one year of service to be credited
			 for all service in one calendar year.
c. An active member 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).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.302 - Determination of Cost to Member

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Determination of service credit.
			 A
member may determine the amount of permissive service credit, which
			 shall be documented on a form provided by the secretary. Such documentation
			 shall include the notarized certification by an official of the city or agency
			 that employed the member and shall include periods of service and member
			 retirement contributions to the former system during the indicated time of
			 service. In the event member contribution information is not available from the
			 employing city or agency, documentation may be provided in another form
			 acceptable to the board. Acceptable documentation may include, but is not
			 limited to, IRS form W-2, Social Security earnings statements, pay stubs or
			 Iowa tax form 1040 or 1040A.
(2)
Actuarial cost quote of permissive service credit.
a. A member may submit certification of
			 service credit to the secretary to obtain a cost quote of permissive
			 service.
b. The secretary shall
			 review and verify the submitted certification of service credit to ensure that
			 the requirements of subrule 402.302(1) have been met.
c. When service credit has been verified, the
			 secretary shall submit a request to the actuary contracted by the system to
			 determine the cost to purchase permissive service credit.
d. A member may request cost quotes to
			 purchase permissive service credit for a maximum of two time periods at no cost
			 to the member.
e. If a member
			 requests a third or subsequent cost quote, the member shall be required to pay
			 for the cost of the quote.
f. A
			 second or subsequent cost quote for the same period of permissive service
			 credit shall replace all previous cost quotes for that time period.
g. If the requirements of subrule 402.302(1)
			 cannot be verified, the request for a cost quote shall not be submitted to the
			 actuary but rather shall be referred to the board for review at the next
			 regularly scheduled meeting.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.303 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Actuarial cost quote of permissive service credit.
When made
			 available to the secretary by the actuary, the cost quote shall be forwarded to
			 the member promptly. Such delivery may be made through electronic mail,
			 facsimile transmission, regular mail, or personal service. The cost quote of
			 permissive service credit shall remain valid for six months from the date of
			 the cost quote unless replaced by a subsequent cost quote for the same time
			 period of permissive service credit.
(2)
Submission of application to
			 purchase permissive service credit.
The member may submit to the
			 secretary an application to purchase years of permissive service credit in an
			 amount no greater than the maximum certified years of permissive service credit
			 at a rate quoted by the actuary less an amount equal to the member's
			 contributions pursuant to Iowa Code chapter 411 for the period of eligible
			 qualified service together with interest at a rate determined by the board.
			 Full payment in the form of a check or money order payable to the Peace
			 Officers' Retirement, Accident, and Disability System, or certification of
			 intent to pay through a qualified plan, or a combination thereof, shall
			 accompany the application to purchase permissive service credit. Contributions
			 shall be made by the member within the six-month period the quote is
			 valid.
(3)
Acceptance of
			 application to purchase permissive service credit.
If the application
			 is accepted, the secretary shall deposit the full payment into the system's
			 account and shall adjust the member's years of service and contributions to
			 reflect the purchase of service. Prior to the receipt of full payment, the
			 secretary shall make no adjustment to the member's years of service or
			 contributions.
(4)
Rejection of application to purchase permissive service
			 credit.
If the application is rejected, the secretary shall refer the
			 rejected application to the board for review at the next regularly scheduled
			 meeting.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.304 - Service Adjustment Irrevocable

Current through Register Vol. 47, No. 3, July 24, 2024
An adjustment of a member's years of service which has been
				completed pursuant to subrule 402.303(3) is irrevocable. However, this rule
				shall not be interpreted to limit the system's ability to refund service credit
				purchase amounts when required in order to meet the provisions of the Internal
				Revenue Code.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.305 - Board Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review of rejection of certification of service credit.
The
			 board shall review a rejected certification of service credit. If the board
			 overrules the rejection, the secretary shall submit the certification of
			 service credit to the actuary to determine the member's cost to purchase
			 permissive service credit. If the board sustains the rejection, the member may
			 appeal the action pursuant to 661-subrule 401.2(2).
(2)
Review of rejection of
			 application to purchase service credit.
The board shall review any
			 application to purchase service credit which has been rejected. If the board
			 overrules the action, the secretary shall process the application pursuant to
			 subrule 402.303(3). If the board sustains the rejection, the secretary shall
			 return the payment to the member. The member may appeal the action pursuant to
			 661-subrule 401.2(2).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.306 - Other Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
			 60 days following the entry of an adjustment to a member's years of service
			 based on a purchase of permissive service credit, the secretary shall report
			 the purchase to the system under which the service credit was originally
			 earned.
NOTE: This notification is intended to meet the requirement
				that a member not receive a retirement benefit under more than one retirement
				plan for the same period of service.
(2) The average final compensation of the
			 member shall not be affected by the purchase of permissive service
			 credit.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 402 - Peace Officers- Retirement, Accident, and Disability System- Eligibility, Benefits, and Payments › Rule 661-402.307 - Purchase of Service Credit for Military Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility.
Effective
			 July 1, 2010, an active member of the system who has been a member of the
			 retirement system five or more years may purchase service credit for military
			 service under this chapter.
Note: Determination of length of active membership will be made
				pursuant to Iowa Code section 97A.3.
(2)
Service eligible for
			 purchase.
An eligible member may elect to purchase up to five years of
			 service for military service that is not already recognized by the system or
			 required to be recognized by the system under Internal Revenue Code Section
			 414(u) or the federal Uniformed Services Employment and Reemployment Rights Act
			 (USERRA).
a. Permissive service credit shall
			 be calculated in years at the rate of one year of service for six months or
			 more of a year actually worked with no more than one year of service to be
			 credited for all service in one calendar year.
b. A member may elect to purchase service
			 credit for all or part of the member's eligible service up to the five-year
			 limitation and limitations of Internal Revenue Code Section 415(n).
c. For purposes of this rule, "military
			 service" means active duty service in any of the following:
(1) The United States Army, Navy, Marine
			 Corps, Air Force or Coast Guard;
(2) The United States Army Reserves, Naval
			 Reserves, Marine Corps Reserves, Air Force Reserves or Coast Guard
			 Reserves;
(3) The Army National
			 Guard or Air National Guard;
(4)
			 The Commissioned Corps of the Public Health Service; or
(5) Any other category of persons designated
			 by the President in a time of war or emergency.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 403 - Peace Officers- Retirement, Accident, and Disability System- Line-of-duty Death Benefit › Rule 661-403.1 - Member Death Benefit Program

Current through Register Vol. 47, No. 3, July 24, 2024
As provided in Iowa Code Supplement section
				97A.6, subsection 16,
				the board will administer the payment of line-of-duty death benefits to
				beneficiaries of members who die in the line of duty.
Information about the program may be obtained by mail from the
				Secretary of the Board of Trustees, Iowa Department of Public Safety, Peace
				Officers' Retirement System, State Public Safety Headquarters Building, 215
				East 7th Street, Des Moines, Iowa 50319, by telephone at (515)725-6248, or by
				electronic mail to
asdinfo@dps.state.ia.us
.
[Editorial change: IAC Supplement 6/17/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 403 - Peace Officers- Retirement, Accident, and Disability System- Line-of-duty Death Benefit › Rule 661-403.2 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
Application forms for the line-of-duty death benefit program
				may be obtained on request from the secretary. The board may accept a legible
				copy of a completed application for the federal Public Safety Officer Benefits
				Program as an application for payment of benefits from the member death benefit
				program. Completed application forms shall be mailed or delivered to the
				Secretary of the Board of Trustees, Iowa Department of Public Safety, Peace
				Officers' Retirement System, State Public Safety Headquarters Building, 215
				East 7th Street, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 403 - Peace Officers- Retirement, Accident, and Disability System- Line-of-duty Death Benefit › Rule 661-403.3 - Determination

Current through Register Vol. 47, No. 3, July 24, 2024
After receiving a completed application for benefits from the
				member death benefit program, the board shall make a determination as to
				whether or not the application meets the requirements for payment of benefits.
				Prior to making a determination, the board may require the beneficiary or
				responsible supervisory official who has certified that the death is a
				line-of-duty death to submit any additional information that the board deems
				material to making the determination. If the determination is that the
				requirements for payment of benefits have been met, the board shall so notify
				the beneficiary or cobeneficiaries and shall instruct the secretary to prepare
				documents to cause the department of administrative services to issue a warrant
				payable to the beneficiary in the amount of the lump-sum payment provided or,
				if there are cobeneficiaries, to issue warrants in equal shares of the lump-sum
				amount payable to each of the cobeneficiaries. Payments pursuant to this rule
				shall come from the system's funds.
(1)
Denial and notification.
If the board determines that the eligibility criteria have not been met, the
			 board shall notify in writing the beneficiary or cobeneficiaries and the
			 responsible supervisory official who certified that the death occurred in the
			 line of duty of the determination and of the reason or reasons for the
			 denial.
(2)
Appeals.
If an application for benefits is denied, the
			 beneficiary or any cobeneficiary may appeal that decision to the board by
			 filing an appeal in writing to the secretary within 30 days of the date of the
			 denial of the application by the board. Appeals shall be processed in
			 accordance with contested case procedures specified in 661-Chapter
			 401.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 500 - Electrician and Electrical Contractor Licensing Program- Organization and Administration › Rule 661-500.1 - Establishment of Program

Current through Register Vol. 47, No. 3, July 24, 2024
The electrician and electrical contractor licensing program is
				established in the department of inspections, appeals, and licensing. The
				program is under the direction of the electrical examining board. Contact
				information of the board office can be found on the department's
				website.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 502 - Electrician and Electrical Contractor Licensing Program-licensing Requirements, Procedures, and Fees › Rule 661-502.1 - License Categories and Authority

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following license categories are
			 established:
a. Electrical
			 contractor.
b. Residential
			 electrical contractor.
c. Master
			 electrician, class A.
d. Master
			 electrician, class B.
e.
			 Residential master electrician.
f.
			 Journeyman electrician, class A.
g.
			 Journeyman electrician, class B.
h.
			 Residential electrician.
i.
			 Apprentice electrician.
j. Special
			 electrician.
k. Unclassified
			 person.
l. Inactive master
			 electrician.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 502 - Electrician and Electrical Contractor Licensing Program-licensing Requirements, Procedures, and Fees › Rule 661-502.2 - License Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 An electrical contractor license may be issued to a person who submits an
			 application with the applicable fee, who holds or employs a person who holds an
			 active master electrician license, who is registered as a contractor with the
			 labor services division of Iowa workforce development. An electrical contractor
			 license issued to a person who holds a class B master electrician license is
			 subject to the same restriction of use as is the class B master electrician
			 license.
(2) A residential
			 electrical contractor license may be issued to a person who is licensed as a
			 class A master electrician, a class B master electrician, or a residential
			 master electrician and who is registered with the state of Iowa as a contractor
			 pursuant to Iowa Code chapter 91C.
(3) A class A master electrician license may
			 be issued to a person who submits to the board a completed application with the
			 applicable fee and who meets one of the following:
a. Has completed one year of experience as a
			 licensed journeyman electrician, and has passed a supervised written
			 examination for master electrician approved by the board with a score of 70 or
			 higher within 24 months of submission of a new application; or
b. As of December 31, 2007, held a current
			 valid license as a master electrician issued by a political subdivision in
			 Iowa, the issuance of which required passing a supervised written examination
			 approved by the board, and one year of experience as a journeyman electrician;
			 or
c. Holds a current class B
			 master electrician license and has passed a supervised written examination for
			 master electrician approved by the board with a score of 70 or higher within 24
			 months of submission of a new application.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 502 - Electrician and Electrical Contractor Licensing Program-licensing Requirements, Procedures, and Fees › Rule 661-502.3 - License Terms and Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The following table sets out the length of term of each license
				and the fee for the license.
License Type
Term
Fee
Electrical Contractor
3 years
$375
Residential Electrical Contractor
3 years
$375
Master Electrician, Class A
3 years
$375
Master Electrician, Class B
3 years
$375
Residential Master Electrician
3 years
$375
Journeyman Electrician, Class A
3 years
$75
Journeyman Electrician, Class B
3 years
$75
Residential Electrician
3 years
$75
Special Electrician
3 years
$75
Apprentice Electrician
1 year
$20
Unclassified Person
1 year
$20
Inactive Master Electrician
3 years
$75
(1) If a license
			 is issued for less than the period of time specified in the table above, the
			 fee will be prorated according to the number of months for which the license is
			 issued.
(2) A licensee who is on
			 active military deployment for 91 or more consecutive calendar days during the
			 term of a license may have the license period tolled as follows. "Tolled" means
			 that the expiration date of the license will be delayed for that period of
			 time.
a. A licensee who is on active military
			 deployment for 91 or more consecutive calendar days during a licensing period
			 may have the license terms tolled for one year.
b. A licensee who is on active military
			 deployment for 366 or more consecutive calendar days during a licensing period
			 may have the license terms tolled for two years.
c. A licensee who is on active military
			 deployment for 91 or more consecutive calendar days but fewer than 366
			 consecutive calendar days may petition the board to have the license tolled for
			 two years upon a showing of a special hardship which would not be alleviated by
			 tolling the license term for only one year.
d. A licensee who requests that the term of a
			 license be tolled pursuant to this subrule will provide a copy of military
			 orders showing the beginning and ending dates of the deployment or deployments
			 which are the basis for the request.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 502 - Electrician and Electrical Contractor Licensing Program-licensing Requirements, Procedures, and Fees › Rule 661-502.4 - Disqualifications for Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
An application for a license can be denied if any of the
				following apply:
(1) The applicant
			 fails to meet the requirements for the license for which the applicant has
			 applied or the applicant fails to provide adequate documentation of any
			 requirement.
(2) The applicant has
			 previously had a license revoked or suspended by the board, and the
			 circumstances which formed the basis of the revocation or suspension have not
			 been corrected. If a license was revoked or suspended and conditions were
			 imposed for the restoration of the license, licensure will be denied unless
			 those conditions have been met.
(3)
			 The applicant has been denied, for cause, a license to work, or a license as an
			 electrician has been revoked, for cause, in any other state or political
			 subdivision and the applicant has not subsequently received a license from the
			 state or political subdivision which denied or revoked the license. An
			 applicant who has been denied a license pursuant to this provision may apply to
			 the board for a license and, upon a showing of evidence satisfactory to the
			 board that the condition or conditions which led to the denial or revocation no
			 longer apply, the board may grant the license to the applicant.
(4) The applicant falsifies or fails to
			 provide any information requested in connection with the application or
			 falsifies any other information provided to the board in support of the
			 application.
(5) The applicant has
			 been convicted of a disqualifying offense in the courts of this state or
			 another state, territory, or country. A file-stamped copy of the final order or
			 judgment of conviction or plea of guilty in this state or another state
			 constitutes conclusive evidence of the conviction.
(6) The applicant has unpaid fees due to the
			 board which are 120 days or more past due. The license for which the applicant
			 applied may be issued after the fees are paid if the applicant is not otherwise
			 disqualified from obtaining the license.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 502 - Electrician and Electrical Contractor Licensing Program-licensing Requirements, Procedures, and Fees › Rule 661-502.5 - License Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 person seeking a license from the board is to submit a completed application to
			 the board accompanied by the applicable fee payable by check, money order, or
			 warrant to the Iowa Department of Inspections, Appeals, and Licensing. The memo
			 area of the check should read "Electrician Licensing Fees." The application is
			 to be submitted on the form prescribed by the board, which may be obtained from
			 the board office.
(2) Upon receipt
			 of a completed application, the board executive secretary or designee has
			 discretion to:
a. Authorize the issuance of a
			 license, certification, or examination application.
b. Refer the application to a committee of
			 the board for review and consideration when the board executive secretary
			 determines that matters raised in or revealed by the application, including but
			 not limited to prior criminal history, chemical dependence, competency,
			 physical or psychological illness, professional liability claims or
			 settlements, professional disciplinary history, education or experience, are
			 relevant in determining the applicant's qualifications for a license,
			 certification, or examination. Matters that may justify referral to a committee
			 of the board include, but are not limited to:
(1) Prior criminal history, which is reviewed
			 and considered in accordance with Iowa Code chapter 272C and rule
			 661-502.8 (272C).
(2) Chemical dependence.
(3) Competency.
(4) Physical or psychological illness or
			 disability.
(5) Judgments entered
			 on, or settlements of, claims, lawsuits, or other legal actions related to the
			 profession.
(6) Professional
			 disciplinary history.
(7) Education
			 or experience.