reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.3 - Designation of Beneficiaries

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Designation of beneficiaries.
To designate a beneficiary, the
			 member must complete an IPERS designation of beneficiary form, which must be
			 filed with IPERS. Members may also designate their beneficiary through the
			 IPERS website. The designation of a beneficiary by a retiring member on the
			 application for monthly benefits revokes all prior designation of beneficiary
			 forms. IPERS may consider as valid a designation of beneficiary form filed with
			 the member's employer prior to the death of the member, even if that form was
			 not forwarded to IPERS prior to the member's death. If a retired member is
			 reemployed in covered employment, the most recently filed beneficiary form
			 shall govern the payment of all death benefits for all periods of employment.
			 Notwithstanding the foregoing sentence, a reemployed IPERS Option 4 or 6
			 retired member may name someone other than the member's contingent annuitant as
			 beneficiary, but only for lump sum death benefits accrued during the period of
			 reemployment and only if the contingent annuitant has died or has been divorced
			 from the member before or during the period of reemployment unless a qualified
			 domestic relations order (QDRO) directs otherwise. If a reemployed IPERS Option
			 4 or 6 retired member dies without filing a new beneficiary form, the death
			 benefits accrued for the period of reemployment shall be paid to the member's
			 contingent annuitant, unless the contingent annuitant has died or been divorced
			 from the member. If the contingent annuitant has been divorced from the member,
			 any portion of the lump sum death benefits awarded in a QDRO shall be paid to
			 the contingent annuitant as alternate payee, and the remainder of the lump sum
			 death benefits shall be paid to the member's estate or, if applicable, to the
			 member's heirs if no estate is probated. A funeral home shall not be designated
			 as a beneficiary.
(2)
Deceased beneficiary.
If a named beneficiary predeceased the
			 member, that beneficiary's share shall be paid to the surviving named
			 beneficiaries in equal shares.
(3)
Change of beneficiary.
The beneficiary may be changed by the
			 member by filing a new designation of beneficiary form with IPERS. Members may
			 also change their beneficiary through the IPERS website. The latest dated
			 designation of beneficiary form on file shall determine the identity of the
			 beneficiary. Payment of a refund to a terminated member cancels the designation
			 of beneficiary on file with IPERS.
(4)
Spousal signature.
If
			 the member designates someone other than a spouse as the sole primary
			 beneficiary, the beneficiary designation form must contain a spousal signature,
			 pursuant to Iowa Code section
			 97B.44. If a member's
			 spouse cannot be located, the spousal signature requirement may be waived upon
			 receipt of the notarized form specified by IPERS.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.4 - Applications for Death Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
Before death benefit payments can be made, application in
				writing must be submitted to IPERS with a copy of the member's death
				certificate, or if a death certificate cannot be obtained, IPERS may rely on
				such resources as it has available, including but not limited to records from
				the Social Security Administration, bureau of health statistics, IPERS' own
				internal records, or reports derived from other public records, and other
				departmental or governmental records to which IPERS may have access together
				with information establishing the claimant's right to payment. A named
				beneficiary must complete an IPERS application for death benefits based on the
				deceased member's account. If the claimant's claim is based on dissolution of
				marriage that revoked the IPERS beneficiary designation, the claim must be
				processed pursuant to rule
				495-14.16
				(97B).
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.5 - Commuted Lump Sums

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Designated beneficiary is an estate, trust, church, charity, or similar
			 organization.
Where the designated beneficiary is an estate, trust,
			 church, charity or similar organization, or is a person, such as a trustee,
			 executor, or administrator who has been appointed to receive funds on behalf of
			 such entities, payment of benefits shall be made in a lump sum only.
(2)
Multiple beneficiaries.
Where multiple beneficiaries have been designated by the member, payment,
			 including the payment of the remainder of a series of guaranteed annuity
			 payments, shall be made in a lump sum only. The lump sum payment shall be paid
			 to the multiple beneficiaries in equal shares.
(3)
Guaranteed payments.
Where a member has selected Option 5 and dies before receiving all guaranteed
			 payments, and the member's designated beneficiary also dies before all
			 guaranteed payments are made, any remaining guaranteed payments shall be paid
			 in a commuted lump sum.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.6 - Payment of the Death Benefit When No Designation of Beneficiary or an Invalid Designation of Beneficiary Form Is on File

Current through Register Vol. 47, No. 3, July 24, 2024
When no designation of beneficiary or an invalid designation of
				beneficiary form is on file with IPERS, payment shall be made in one of the
				following ways.
(1) Where the estate
			 is open, payment shall be made to the administrator or executor where said
			 executor or administrator shall be duly appointed and serving under Iowa Code
			 chapter 633 or 635.
(2) Where no
			 estate is probated or the estate is closed prior to the filing with IPERS of an
			 application for death benefits, payment will be made in accordance with the
			 intestacy laws of the state of Iowa. If someone other than those identified
			 pursuant to the intestacy laws of the state of Iowa claims entitlement to a
			 death benefit, an estate must be opened and the death benefit shall be payable
			 to the administrator or executor of the estate.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.7 - Waiver of Beneficiary Rights

Current through Register Vol. 47, No. 3, July 24, 2024
A named beneficiary of a deceased member may waive current and
				future rights to payments to which the beneficiary would have been entitled.
				The waiver of the rights shall occur prior to the receipt of a payment from
				IPERS to the beneficiary. The waiver of rights shall be binding and will be
				executed on a form provided by IPERS. The waiver of rights may be general, in
				which case payment shall be divided equally among all remaining designated
				beneficiaries or, if there are none, to the member's estate. The waiver of
				rights may also expressly be made in favor of one or more of the member's
				designated beneficiaries or the member's estate. If the waiver of rights
				operates in favor of the member's estate and no estate is probated or claim
				made, or if the executor or administrator expressly waives payment to the
				estate, payment shall be paid to the member's surviving spouse imless there is
				no surviving spouse or the surviving spouse has waived the surviving spouse's
				rights. In that case, payment shall be made to the member's heirs excluding any
				person who waived the right to payment. Any waiver filed by an executor,
				administrator, or other fiduciary must be accompanied by a release acceptable
				to IPERS indemnifying IPERS from all liability to beneficiaries, heirs, or
				other claimants for any waiver executed by an executor, administrator, or other
				fiduciary.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.8 - Beneficiaries Under the Age of 18

Current through Register Vol. 47, No. 3, July 24, 2024
Payment may be made to a conservator if the beneficiary is
				under the age of 18 and the total dollar amount to be paid by IPERS to a single
				beneficiary is $25,000 or more. Payment may be made to a custodian if the total
				dollar amount to be paid by IPERS to a single beneficiary is less than
				$25,000.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.9 - Simultaneous Deaths

Current through Register Vol. 47, No. 3, July 24, 2024
IPERS will apply the provisions of the Uniform Simultaneous
				Death Act, Iowa Code sections
				633.523
				et seq., in determining the proper beneficiaries of death benefits in
				applicable cases.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.10 - Felonious Deaths

Current through Register Vol. 47, No. 3, July 24, 2024
IPERS will apply the provisions of the Felonious Death Act,
				Iowa Code sections
				633.535 et
				seq., in determining the proper beneficiaries of death benefits in applicable
				cases.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.11 - No Interest on Postretirement Death Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
Interest is only accrued on a member's death benefit if the
				member dies before the member's first month of entitlement (FME) or, for a
				retired reemployed member, before the member's reemployment FME, and is only
				accrued with respect to the retired or retired reemployed member's accumulated
				contributions account.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.12 - Preretirement Death Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Death prior to first month of entitlement.
Where an active
			 member, or an inactive member vested by service, dies prior to the first month
			 of entitlement, the lump sum death benefit shall be the greater of the amount
			 provided in subrule 14.12(3) or 14.12(4). Sole beneficiaries may elect, in lieu
			 of the lump sum amount, to receive a single life annuity that is the actuarial
			 equivalent of such lump sum amount. Where an inactive member, not vested by
			 service, dies prior to the first month of entitlement, the lump sum death
			 benefit shall be as provided in subrule 14.12(7).
(2)
Death benefits under Iowa Code
			 section
			 97B.52(1).
a.
Definitions.
"Accrued benefit"
means the monthly amount
				that would have been payable to the deceased member under IPERS Option 2 at the
				member's earliest normal retirement age, based on the member's covered wages
				and service credits at the date of death. If a deceased member's wage record
				consists of a combination of regular and special service credits, the monthly
				amount that would have been payable to the deceased member under Option 2 at
				the member's earliest normal retirement age shall be determined separately for
				regular and special service credits, and then combined.
"Nearest age"
means a member's or
				beneficiary's age expressed in whole years, after rounding for partial years of
				age. Ages shall be rounded down to the nearest whole year if less than six
				complete months have passed following the month of the member's or
				beneficiary's last birthday, and shall be rounded up if six complete months or
				more have passed following the month of the member's or beneficiary's last
				birthday.
b.
Process
			 for applying.
(1) A claim for a
			 single life annuity under this subrule must be filed as follows:
1. A nonspouse beneficiary must file a claim
			 for a single life annuity within 12 months of the member's death.
2. A beneficiary who is a surviving spouse
			 must file a claim for a single life annuity within 12 months of the member's
			 death, or by the date that the member would have attained the age of 72,
			 whichever period is later.
(2) Elections to receive the lump sum amount
			 or single life annuity shall be irrevocable once the first payment is
			 made.
(3) No further benefits will
			 be payable following the death of any beneficiary who qualifies and elects to
			 receive the single life annuity provided under this subrule.
(4) The provisions of this subrule shall not
			 apply to members who died before January 1, 2001.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.13 - Procedures for Deaths of Certain Voluntary Emergency Services Personnel Occurring in the Line of Duty

Current through Register Vol. 47, No. 3, July 24, 2024
Effective July 1, 2006, for a member who dies while performing
				the functions of a voluntary emergency services provider as described under
				Iowa Code section
				85.61 or
				147A.1, benefits for
				deaths occurring in the line of duty shall be paid pursuant to Iowa Code
				section
				100B.31.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.14 - Rollovers by Nonspouse Beneficiaries

Current through Register Vol. 47, No. 3, July 24, 2024
Effective January 1, 2007, nonspouse beneficiaries shall be
				permitted to request a direct rollover of such beneficiaries' death benefit
				payments to traditional IRA accounts established in accordance with Section 829
				of the Pension Protection Act of 2006 and IRS Notice 2007-7. IPERS shall
				determine the amount eligible for direct rollover under IRC Section 401(a)(9),
				if any, and the procedural requirements for requesting such rollovers. It shall
				be the beneficiaries' responsibility to determine that the recipient IRAs meet
				the structural and operational requirements of Section 829 and Notice 2007-7.
				IPERS shall bear no responsibility for rollovers to IRA accounts that fail to
				meet such requirements.
Effective January 1, 2008, IPERS will also allow rollovers
				under this rule to Roth IRA accounts established in accordance with the
				structural and operational requirements of Section 829 and Notice
				2007-7.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.15 - Required Minimum Distribution (RMD) Basic Calculation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The RMD for a member who retired under an
			 option with a lump sum death benefit and died after the member's required
			 beginning date (RBD) is calculated as follows:
a. Step 1. Determine the number of payments
			 remaining for the calendar year in which the member died. The current month's
			 payment is not used in this calculation.
b. Step 2. Multiply the number of remaining
			 payments determined in Step 1 by the gross amount of the member's last monthly
			 payment to get the RMD amount. If the lump sum death benefit is less than the
			 RMD, then the RMD is the lump sum death benefit amount.
c. Step 3. Determine the total non-RMD amount
			 by subtracting the RMD as determined in Step 2 from the lump sum death
			 benefit.
d. The eligible rollover
			 amount is the total non-RMD amount as determined in Step 3.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.16 - Beneficiary Revocation Pursuant to Iowa Code Section 598.20b, Dissolution of Marriage

Current through Register Vol. 47, No. 3, July 24, 2024
IPERS is not liable for the payment of death benefits to a
				beneficiary pursuant to a beneficiary designation that has been revoked or
				reinstated by a divorce, annulment, or remarriage before IPERS receives the
				written notice set forth in subrule 14.16(1). Furthermore, IPERS shall only be
				liable for payments made after receipt of such written notice if the written
				notice is received at least ten calendar days prior to the payment.
(1)
Form of notice.
The
			 written notice shall include the following information:
a. The name of the deceased member,
b. The name of the person(s) whose
			 entitlement to IPERS death benefits is being challenged,
c. The name, address, and telephone number of
			 the person(s) asserting an interest,
d. A statement that the decedent's divorce,
			 annulment, or remarriage revoked the entitlement of the person(s) whose status
			 is being challenged to the IPERS death benefits in question, and
e. A copy of the divorce decree upon which
			 the claim is based.
In addition to the above information, if the person whose
				entitlement is being challenged is not the former spouse, the written notice
				must indicate that the person was related to the former spouse, but not the
				member, by blood, adoption or affinity, and state the nature of the
				relationship.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.17 - Procedures for Final Distribution to Heirs Who Have Filed Claims

Current through Register Vol. 47, No. 3, July 24, 2024
If a claimant has identified other persons in the claimant's
				group who would be entitled to a share of the member's death benefit, but such
				persons have not filed a claim within five years after the member's death, or
				by the date required under IRC Section 401(a)(9) if earlier, the remainder of
				the member's death benefit shall be paid in pro rata shares to the claimants
				who were previously paid a share of the death benefit. In order to comply with
				the applicable IRS limitations, the final payments under this rule shall be
				made by December 31 of the fifth year that begins after the member's date of
				death, or by December 31 of the year that distribution is required under IRC
				Section 401(a)(9), if earlier. The sole recourse of any claimant who is a
				member of a group receiving payments hereunder or of any lower-numbered group
				that should have received all of such payments shall be against the claimants
				of the group that received death benefit payments.
This rule is intended to implement Iowa Code sections
				97B.44 and
				97B.52.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 14 - Death Benefits and Beneficiaries › Rule 495-14.18 - Special Rules for Tax Treatment of Distributions to Same Gender Spouse and Same Gender Former Spouse Alternate Payees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A beneficiary who is a same gender spouse
			 or a same gender former spouse alternate payee shall be permitted to request
			 direct rollovers of such beneficiary death benefit payments in the same manner
			 as provided for a nonspouse beneficiary.
(2) Effective April 27, 2009, the term
			 "eligible person" under Iowa Code section
			 97B.53B
			 includes a same gender surviving spouse or same gender former spouse alternate
			 payee, both of whom are subject to the limits specified in Iowa Code section
			 97B.53B(1)
"b
"(4).
(3) The term "eligible rollover distribution"
			 does not include any lump sum distribution of benefits to a same gender spouse
			 or same gender former spouse alternate payee, excluding death benefit
			 distributions.
(4) The system shall
			 have the authority to do whatever is necessary in its sole discretion to ensure
			 that federal taxation of benefits paid to same gender spouses and same gender
			 former spouses meets the requirements of the federal laws governing such
			 distributions.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Confidential record"
means a record which is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information as described in Iowa Code section 97B. 17, and records,
				or information contained in records, that are specified in Iowa Code section
				22.7, or by other
				provision of law.
"Custodian "
means the CEO or designee.
"Open record"
means a record other than a
				confidential record.
"Personally identifiable information "
means
				information about or pertaining to an individual in a record which identifies
				the individual and which is contained in a record system under the jurisdiction
				of the agency.
"Record"
means all or part of a "public
				record" as defined in Iowa Code section
				22.1 or 97B. 17 which
				is owned by or in the physical possession of the agency. IPERS also defines a
				record as information stored or preserved regardless of physical form. Record
				content, not record form, determines whether or not information constitutes a
				record. Any information documenting official final business, whether recorded
				on paper, reproduced on microfilm, entered in an electronic database,
				documented photographically, recorded in video or audio media, or documented
				using any other medium, constitutes a record. A record that is not confidential
				or otherwise exempt by federal or state law is termed an open record.
"Record system "
means any group of records
				under the jurisdiction of the agency from which a confidential record or
				information may be retrieved.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.2 - Statement of Policy, Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate public access to
				open records. It also seeks to facilitate agency determinations with respect to
				the handling of confidential records and the implementation of the fair
				information practices Act. This chapter implements Iowa Code section
				22.11
				by establishing rules, policies, and procedures for the maintenance of
				employee, member, and other records in the possession of and under the
				jurisdiction of the agency.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code sections
				22.7,
				97B.17 or
				other applicable provisions of law, the custodian may disclose certain
				confidential records to members of the public. Other provisions of law may
				authorize or require the custodian to release specified confidential records or
				information under certain circumstances or to particular persons. The following
				procedures apply to requests for the custodian to permit the examination or
				copying of a confidential record and are in addition to those specified for
				requests for access to records in rule 17.3(17A,22).
(1)
Proof of identity.
A
			 person requesting access to a confidential record shall be required to provide
			 proof of identity satisfactory to the custodian.
(2)
Requests.
A request for
			 access to a confidential record shall be in a form acceptable to the agency. A
			 person requesting access to a confidential record shall be required to sign a
			 statement enumerating the specific grounds alleged to justify access and
			 provide any proof necessary to establish relevant facts.
(3)
Notice to subject of record and
			 opportunity to obtain injunction.
After the custodian receives a
			 request for access to a confidential record, and before the custodian releases
			 that record, the custodian may make reasonable efforts to notify any person who
			 is a subject of that record, is identified in that record, and whose address,
			 telephone number, or other personal identifier is contained in that record. The
			 custodian shall give the subject of that confidential record to whom
			 notification is transmitted a reasonable opportunity to seek an injunction
			 under Iowa Code section
			 22.8
			 and indicate to the subject of that record the specified period of time during
			 which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, in whole or in
			 part, the custodian shall notify the requester in writing. The denial shall
			 include:
a. The name and title of the person
			 responsible for the denial; and
b.
			 A citation to the statute or other provision of law which prohibits disclosure
			 of the record; or
c. A citation to
			 the statute vesting discretion in the custodian to deny disclosure of the
			 record and a brief statement of the reasons for the denial to the
			 requester.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.6 - Procedure by Which a Person Who Is the Subject of a Record May Have Additions, Dissents, or Objections Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, the subject of a record
				may file a request with the custodian to review and to have the right to have
				written additions, dissents, or objections entered into a record under the
				jurisdiction of the agency. However, this does not authorize a person who is a
				subject of a record to alter the original copy of the record or to expand the
				official record of an agency proceeding. The subject shall send the request to
				review a record or the written statement of additions, dissents or objections
				to the agency. Additions, dissents, or objections must be dated and signed by
				the subject, and shall include the current mailing address, telephone number
				and, if available, the E-mail address of the subject or the subject's
				representative. The subject's social security number must also be included on
				the addition.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, the
				subject of a confidential record under the jurisdiction of the agency may
				consent to disclosure to a third party of that portion of the record concerning
				the subject except as provided in subrule 17.12(1). The consent must be in
				writing and must identify the particular record or records that may be
				disclosed, the particular person or class of persons to whom the record may be
				disclosed and, where applicable, the time period during which the record or
				information may be disclosed. The subject and, where applicable, the person to
				whom the record is to be disclosed, must provide proof of identity. Appearance
				of legal counsel, or a duly appointed representative on behalf of a subject of
				a confidential record, is deemed to constitute consent for the agency to
				disclose records about that person to the person's
				representative.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the agency requests a person to supply information about
				that person, the agency shall notify the person of the use that will be made of
				the information, which persons outside the agency might routinely be provided
				the information, which parts of the requested information are required and
				which are optional, and the consequences of a failure to provide the
				information requested. This notice may be given in rules, on the written form
				used to collect the information, on a separate fact sheet or letter, in
				brochures, in formal agreements, in contracts, in handbooks, in manuals,
				verbally, or by other appropriate means.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records shall be routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule
			 495-17.10 (97B) or in
			 the notice for a particular record system.
b. To a recipient who has provided advance
			 written assurance that the record will be used solely as a statistical research
			 or reporting record, provided that the record is transferred in a form that
			 does not identify the subject.
c.
			 To another government agency or to an instrumentality of any government
			 jurisdiction within or under the control of the United States for a civil or
			 criminal law enforcement activity if the activity is authorized by law, and if
			 the authorized representative of the government agency or instrumentality has
			 submitted a written request to the custodian specifying the record desired and
			 the law enforcement activity for which the record is sought.
d. To an individual following a showing of
			 compelling circumstances affecting the health or safety of any individual if a
			 notice of the disclosure is transmitted to the last-known mailing address of
			 the subject.
e. To the legislative
			 services agency.
f. In the course
			 of employee disciplinary proceedings.
g. In response to a court order or
			 subpoena.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routineuse"meansthedisclosureof a record, without the consent of the subject
			 or subjects, for a purpose which is compatible with the purpose for which the
			 record was collected. It includes disclosures required or permitted to be made
			 by statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to officers, employees and
			 agents of the agency who have a need for the record in the performance of
			 duties. The CEO or designee shall resolve disputes concerning what constitutes
			 legitimate need to use confidential or exempt records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of an agency.
d. Transfers of information within an agency,
			 to other state agencies, or to local units of government as appropriate to
			 administer the program for which the information is collected.
e. Information released to staff of federal,
			 state, or other governmental entities for audit purposes or for purposes of
			 determining whether an agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
g. Disclosure to officers, employees and
			 agents of the agency who need to use the record to determine the named
			 beneficiary when a wage earner or retiree dies; to maintain a record of wages
			 reported and quarters worked for computation of benefits; to track benefits
			 received; to recompute and adjust benefits; to update information for
			 electronic deposit of benefits; to audit payroll reports; and to verify
			 quarterly update of wages paid.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
The subject may consent in writing to disclosure
			 of confidential records as provided in rule
			 495-17.7
			 (97B).
(2)
Complaints to
			 public officials. A
letter from a subject of a confidential record to
			 a public official which seeks the official's intervention on behalf of the
			 subject in a matter that involves a record under the jurisdiction of the agency
			 may be treated as an authorization to release sufficient information about the
			 subject to the official to resolve the matter The public official shall be
			 required to treat the information received as confidential.
(3)
Obtaining information from a
			 third party.
The agency may be required to obtain information to
			 coordinate benefits, verify applicant and employee information or to provide
			 other services. Requests to third parties for this information may involve the
			 release of confidential identifying information about individuals contained in
			 records under the jurisdiction of the agency. Such requests are within the
			 meaning of routine use as defined in rule
			 495-17.10 (97B) and
			 shall not require authorization from the subject of the record.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Records
			 shall be released to the subject of a confidential record upon a written
			 request from the subject. The agency need not release the following records or
			 information to the requester:
a. The identity
			 of a person providing information about the requester when the information is
			 authorized to be held confidential pursuant to Iowa Code section
			 22.7(18).
b. Records that are the work products of an
			 attorney or are otherwise privileged.
c. Peace officers' criminal investigative
			 reports except as required by the Iowa Code. See Iowa Code section
			 22.7(5).
d. As otherwise authorized by law or covered
			 as an investigative request required by the system.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by
				personal identifier in record systems defined in rule
				495-17.1 (97B). For each record
				system, this rule describes the legal authority for the collection of that
				information and the means of storage of that information, and indicates whether
				a data processing system matches, collates, or permits the comparison of
				personally identifiable information in one record system with personally
				identifiable information in another record system. Record systems under the
				jurisdiction of the agency that are retrievable through the use of personal
				identifiers are described as follows:
(1)
IPERS personnel files and
			 records.
Personnel files of IPERS employees are maintained and kept
			 under the jurisdiction of the agency and contain personal, private, and
			 otherwise confidential records under Iowa Code section
			 22.7(11).
			 It is unlikely that the personal and private information in these records can
			 be separated from otherwise releasable information without identifying the
			 subject or the employee's family. These records contain names, social security
			 numbers and other identifying numbers. Data processing systems permit the
			 comparison of personally identifiable information in one record system with
			 that in another system.
(2)
Iowa public employees' retirement system.
The retirement
			 system possesses records that concern individual public employees who are
			 covered by IPERS and their families. Records are collected in accordance with
			 Iowa Code chapter 97B and are confidential records in part under Iowa Code
			 sections
			 22.7 and
			 97B.17. These
			 records contain names, addresses, social security numbers, and other
			 identifying numbers. Data processing systems permit the comparison of
			 personally identifiable information in one record system with that in another
			 system.
(3)
Vendor
			 contracts.
These are records pertaining to facilities management,
			 training, investment management, and other services. These records are
			 collected in accordance with Iowa Code chapter 97B and are confidential records
			 in part under Iowa Code section
			 22.7. These records
			 contain names, addresses, social security numbers, and other identifying
			 numbers. Data processing systems permit the comparison of personally
			 identifiable information in one record system with that in another system.
			 Vendors that have access to personally identifiable information shall sign a
			 data-sharing agreement as requested by IPERS.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.16 - Comparison of Data Processing Systems

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent required by law, all data processing systems used
				by the agency permit the comparison of personally identifiable information in
				one record system with personally identifiable information in another record
				system.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Make available to the general public
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 records available to the general public which would otherwise not be available
			 under the public records law, Iowa Code chapter 22 and Iowa Code section
			 97B.17.
3. Govern the maintenance or disclosure of,
			 notification of, or access to records in the possession of the agency which are
			 under the jurisdiction of another agency.
4. Apply to grantees, including local
			 governments or their subdivisions, administering state-funded programs imless
			 otherwise provided by law or agreement.
5. Make available records compiled in
			 reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of those records to the general public or to any
			 individual or party to litigation or proceedings shall be governed by
			 applicable legal and constitutional principles, statutes, rules of discovery,
			 evidentiary privileges, and applicable regulations of the agency.
6. Require the agency to create, compare or
			 procure a record solely for the purpose of making it available.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the agency for a
				declaratory order regarding the applicability to specified circumstances of a
				statute, rule, or order within the primary jurisdiction of the agency. Such
				petitions shall be addressed to the CEO or CEO's designee, IPERS, 7401 Register
				Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117. A petition is deemed filed
				when it is received by the agency.
The agency shall provide the petitioner with a file-stamped
				copy of the petition if the petitioner provides an extra copy for this purpose.
				The petition must be typewritten or legibly handwritten in ink and must
				substantially conform to the following form:
Click here to
				View
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting pursuant to 19.7(17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the agency shall give notice of the petition to all persons not served
				by the petitioner pursuant to rule 19.7(17A) to whom notice is required by any
				provision of law. Notice may also be given to any other
				person.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within 20 days of the filing of a petition for
			 declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order.
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the agency.
(3) A
			 petition for intervention shall be filed with the CEO or CEO's designee at
			 IPERS, 7401 Register Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117. Such a
			 petition is deemed filed when it is received by IPERS.
The agency will provide the petitioner with a file-stamped copy
				of the petition for intervention if the petitioner provides an extra copy for
				this purpose. A petition for intervention must be typewritten or legibly
				handwritten in ink and must substantially conform to the following form:
Click here to
				view
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented in the original petition for declaratory order,
			 and a summary of the reasons urged in support of those answers.
3. Reasons for requesting intervention and
			 disclosure of the intervener's interest in the outcome.
4. A statement indicating whether the
			 intervenor is currently a party to any proceeding involving the questions at
			 issue and whether, to the intervener's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
5. The names
			 and addresses of any additional persons, or a description of any additional
			 class of persons, known by the intervenor to be affected by, or interested in,
			 the questions presented.
6. Whether
			 the intervenor consents to be bound by the determination of the matters
			 presented in the declaratory order proceeding.
The petition must be dated and signed by the intervenor or the
				intervener's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The agency may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the CEO or CEO's designee, IPERS, 7401 Register
				Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
When filing required.
Petitions for declaratory orders,
			 petitions for intervention, briefs, or other papers in a proceeding for a
			 declaratory order shall be filed with the CEO or CEO's designee, IPERS, 7401
			 Register Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117. All petitions,
			 briefs, or other papers that are required to be served upon a party shall be
			 filed simultaneously with the agency.
(3)
Method of service.
Method of service, time of filing, and proof of mailing shall be as provided by
			 uniform rule on contested cases
			 495-26.13
			 (17A).
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 19 - Declaratory Orders › Rule 495-19.7 - Informal Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
The agency may schedule a brief and informal meeting between
				the original petitioner, all intervenors, and the agency, a member of the
				agency, or a member of the staff of the agency to discuss the questions raised.
				The agency may solicit comments from any person on the questions raised. Also,
				comments on the questions raised may be submitted to the agency by any
				person.