reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.9 - Court Review

Current through Register Vol. 47, No. 3, July 24, 2024
An attorney whose claim for compensation is denied, reduced, or
				otherwise modified by the state public defender, for other than mathematical
				errors, may seek court review of the action of the state public defender
(1) Motions for court review. Court review of
			 the action of the state public defender is initiated by the filing of a motion
			 with the trial court requesting the review. The following conditions shall
			 apply to all such motions:
a. The motion must
			 be filed with the court within 20 days of the action of the state public
			 defender This time limit is jurisdictional and will not be extended by the
			 filing of another claim, submitting a letter or e-mail requesting
			 reconsideration, or obtaining a court order affecting the amount of the
			 claim.
b. The motion must set forth
			 each and every ground on which the attorney intends to rely in challenging the
			 action of the state public defender
c. The motion must have attached to it a
			 complete copy of the claim, together with the notice of action or returned fee
			 claim letter that the attorney seeks to have reviewed.
d. A copy of all documents filed must be
			 provided to the state public defender
e. It is unnecessary for the state public
			 defender to file any response to the motion.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.10 - Payment Errors

Current through Register Vol. 47, No. 3, July 24, 2024
If an error resulting in an overpayment or double payment of a
				claim is discovered by the attorney, by the state public defender, by the
				department, or otherwise, the claimant shall reimburse the indigent defense
				fund for the amount of the overpayment. An overpayment shall be paid by check.
				The check, made payable to the "Treasurer, State of Iowa," together with a copy
				of the payment voucher containing the overpayment or double payment, shall be
				mailed to the Office of the State Public Defender, Lucas State Office Building,
				321 East I2th Street, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 13 - Claims for Other Professional Services › Rule 493-13.2 - Claims for Other Professional Services

Current through Register Vol. 47, No. 3, July 24, 2024
The state public defender shall review and approve claims for
				necessary and reasonable expenses for investigators, foreign language
				interpreters, expert witnesses, certified shorthand reporters, and
				medical/psychological evaluations if the claimant has a form W-9 on file with
				the department and the claim conforms to the requirements of this rule. Claims
				that do not comply with this rule will be returned.
(1)
Claims for investigative
			 services.
The state public defender shall review, approve and forward
			 for payment claims for necessary and reasonable expenses for investigators if
			 the following conditions are met:
a. Court
			 approval to hire the investigator was obtained before any expenses for the
			 investigator were incurred.
b. One
			 copy of each of the following documents is attached to the claim:
(1) The application and order granting
			 authority to hire the investigator.
(2) The order appointing counsel. This order
			 is unnecessary if the attorney is not court-appointed and there is an order
			 attached approving payment of the investigative services pursuant to rule
			 493-13.7 (13B,815).
(3) An
			 itemization of the investigator's services detailing the expenses incurred, the
			 services rendered, the date(s) on which the services were rendered, the time
			 spent on each date, the hourly rate, and the manner in which the amount of the
			 claim for services was calculated. Except in exceptional circumstances and with
			 the prior approval of the state public defender upon a showing of reasonable
			 necessity, an investigator's rate shall not exceed $75 per hour. Itemized
			 receipts for expenses must be attached.
(4) A court order setting the maximum dollar
			 amount of the claim. For purposes of this subrule, if the court order that
			 authorizes hiring the investigator sets a limit for the claim, this court order
			 is unnecessary.
c.
			 Reasonable and necessary investigative services include, but are not limited
			 to, locating witnesses, interviewing witnesses, process service, viewing the
			 crime scene, reviewing documents or photographs, meeting with attorneys,
			 meeting with clients, and creating investigative reports. Clerical work or
			 running errands for the attorney or defendant is not considered investigative
			 work.
d. Timely claims required.
			 Claims for services are timely if submitted to the state public defender for
			 payment within 45 days of the most recent date that investigative services were
			 performed for the case. Claims that are not timely shall be denied.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 13 - Claims for Other Professional Services › Rule 493-13.3 - Court Review

Current through Register Vol. 47, No. 3, July 24, 2024
A claimant whose claim for compensation is denied, reduced, or
				otherwise modified by the state public defender, for other than mathematical
				errors, may seek court review of the action of the state public defender
(1)
Motions for court
			 review.
Court review of the action of the state public defender is
			 initiated by filing a motion with the trial court requesting the review. The
			 following conditions shall apply to all such motions:
a. The motion must be filed with the court
			 within 20 days of the action of the state public defender
b. The motion must set forth each and every
			 ground on which the claimant intends to rely in challenging the action of the
			 state public defender
c. The motion
			 must have attached to it a complete copy of the claim, together with the notice
			 of action that the claimant seeks to have reviewed.
d. A copy of all documents filed must be
			 provided to the state public defender It is unnecessary for the state public
			 defender to file any response to the motion.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 13 - Claims for Other Professional Services › Rule 493-13.4 - Processing and Payment

Current through Register Vol. 47, No. 3, July 24, 2024
The state public defender will submit claims to the department
				for processing and payment. The department will submit claims that are not
				approved in the current fiscal year to the state appeal board for processing
				and payment.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 13 - Claims for Other Professional Services › Rule 493-13.5 - Payment Errors

Current through Register Vol. 47, No. 3, July 24, 2024
If an error resulting in an overpayment or double payment of a
				claim is discovered by the claimant, by the state public defender, by the
				department, or otherwise, the claimant shall reimburse the indigent defense
				fund for the amount of the overpayment. An overpayment or double payment shall
				be repaid by check. The check, made payable to "Treasurer, State of Iowa,"
				together with a copy of the payment voucher containing the overpayment or
				double payment, shall be mailed to the Office of the State Public Defender,
				Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa
				50319-0083.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 13 - Claims for Other Professional Services › Rule 493-13.7 - Payment of Costs Incurred by Privately Retained Attorney Representing Indigent Person

Current through Register Vol. 47, No. 3, July 24, 2024
No payment of state funds for the costs incurred in the legal
				representation of an indigent person shall be authorized or paid unless the
				requirements of this rule are satisfied.
(1)
Application for payment.
An application or motion for the payment of state funds for the costs incurred
			 in the legal representation of an indigent person that is submitted by the
			 privately retained attorney shall be filed with the court in the county in
			 which the case was filed and include all of the following:
a. A copy of the attorney's fee agreement for
			 the representation, including hourly rate, amount of retainer or other moneys
			 received, and number of hours of work completed by the attorney to
			 date.
b. A showing that the costs
			 are reasonable and necessary for the representation of the indigent person in a
			 case for which counsel could have been appointed under Iowa Code section
			 815.10.
c. An itemized accounting
			 of all compensation paid to the attorney including the amount of any
			 retainer.
d. The amount of
			 compensation earned by the attorney.
e. Information on any expected additional
			 costs to be paid or owed by the indigent person to the attorney for the
			 representation.
f. A signed
			 financial affidavit completed by the indigent person.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 14 - Claims for Attorney Fees in 600a Terminations › Rule 493-14.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter sets forth specific rules for submission, review
				and payment of claims for attorney fees in proceedings under Iowa Code chapter
				600A. Unless modified in this chapter, the provisions of 493-Chapters 7, 11 and
				12 apply to such claims.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 14 - Claims for Attorney Fees in 600a Terminations › Rule 493-14.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply only to this chapter.
"Indigent" means the person has an income level at or below 100
				percent of the United States poverty level as defined by the most recently
				revised poverty income guidelines published by the U.S. Department of Health
				and Human Services, unless the court determines that the person is able to pay
				for the cost of an attorney in the pending case. In making the determination of
				a person's ability to pay for the cost of an attorney, the court shall consider
				not only the person's income, but also the availability of any assets subject
				to execution, including but not limited to cash, stocks, bonds, and any other
				property which may be applied to the satisfaction of judgments, and the nature
				and complexity of the case.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 14 - Claims for Attorney Fees in 600a Terminations › Rule 493-14.3 - Hourly Rate and Fee Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
Unless the attorney has a contract with the state public
				defender that provides for a different rate or manner of payment, claims for
				attorney fees in a termination of parental rights case under Iowa Code chapter
				600A to which the attorney was appointed after March 11, 2004, and before July
				1, 2006, shall be paid at the rate of $50 per hour, with a fee limitation of
				$500 for the trial court proceedings and $500 for appellate proceedings. Claims
				for attorney fees in a termination of parental rights case under Iowa Code
				chapter 600A to which the attorney was appointed after June 30, 2006, and
				before July I, 2007, shall be paid at the rate of $55 per hour, with a fee
				limitation of $550 for the trial court proceedings and $550 for appellate
				proceedings. Claims for attorney fees in a termination of parental rights case
				under Iowa Code chapter 600A to which the attorney was appointed after June 30,
				2007, shall be paid at the rate of $60 per hour, with a fee limitation of $600
				for the trial court proceedings and $600 for appellate
				proceedings.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 14 - Claims for Attorney Fees in 600a Terminations › Rule 493-14.4 - Limitations on Other Charges and Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
For appeals, the state public defender shall approve claims for
				the actual cost of a transcript and printing of necessary briefs. The state
				public defender shall not approve claims for travel time, paralegal time, or
				other out-of-pocket expenses at the trial or appellate level.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 14 - Claims for Attorney Fees in 600a Terminations › Rule 493-14.5 - Claims for Attorney Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in this chapter, claims for attorney fees
				for representing the respondent in proceedings for termination of parental
				rights cases under Iowa Code chapter 600A shall be reviewed by the state public
				defender in the same manner as provided in 493-Chapter 12.
(1) Claim forms. Claims for services provided
			 at the trial level shall be submitted on a Juvenile claim form. Claims for
			 services provided on appeal shall be submitted on an Appellate claim
			 form.
(2) Required documents. In
			 addition to the other requirements provided in 493-Chapter 12, the attorney
			 shall submit a copy of both the petitioner's and respondent's financial
			 affidavit and any order of the juvenile court determining that the state public
			 defender rather than the petitioner is responsible for payment of the
			 respondent's attorney fees.
(3) The
			 provisions for review of the state public defender's action provided in
			 493-Chapter 12 shall apply to claims submitted under this chapter
(4) If the petitioner or prospective parent
			 is responsible for payment of the indigent respondent's attorney fees and
			 expenses, the state public defender does not receive, review, or pay the fee
			 claim. Any such claim submitted to the state public defender will be returned
			 to the attorney who submitted the claim.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 14 - Claims for Attorney Fees in 600a Terminations › Rule 493-14.6 - Report to Judicial Branch

Current through Register Vol. 47, No. 3, July 24, 2024
The state public defender shall submit quarterly to the state
				court administrator a report detailing all approved and paid attorney fee
				claims for termination of parental rights cases under Iowa Code chapter
				600A.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 1 - Organization › Rule 495-1.1 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall administer the retirement system created by
				Iowa Code chapter 97B. Specific powers and duties of the agency, CEO, board,
				committee, and agency staff are set forth in Iowa Code chapter 97B and these
				administrative rules.
Operational units within the agency shall develop and
				administer policies and procedures governing retirement system programs,
				including accounting functions for the collection of funds from employers and
				employee members; disbursement of retirement benefits, death benefits, lump sum
				payments, and disability retirement benefits; training to employers and
				subsequent review of employer records for compliance with Iowa Code chapter
				97B, rules and policies; preparation and release of informational newsletters
				and the annual report; and investment of funds contributed to the retirement
				system by employers and employee members. The retirement system is also the
				state administrator to the federal Social Security Administration pursuant to
				Iowa Code chapter 97C.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 1 - Organization › Rule 495-1.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise prescribed by federal or state regulations,
				the terms used in this chapter shall have the following meanings:
"Agency"
means the Iowa public employees'
				retirement system (IPERS) created as an independent agency within the executive
				branch of state government to administer Iowa Code chapter 97B.
"Board"
means the IPERS' investment board as
				created in Iowa Code section
				97B.8A.
"Chief benefits officer"
means the person
				employed by IPERS' chief executive officer, following consultation with the
				committee, to administer benefits programs and other member services provided
				under the retirement system.
"Chief executive officer "
means the
				administrator of the agency appointed pursuant to Iowa Code section
				97B.3
				and whose term shall be determined pursuant to Iowa Code section
				97B.3.
"Chief investment officer "
means the person
				employed by IPERS' chief executive officer, following consultation with the
				board, to administer the investment program of the retirement system.
"Committee "
means the benefits advisory
				committee created pursuant to Iowa Code section
				97B.8B.
"Internal Revenue Code "
means the Internal
				Revenue Code as defined in Iowa Code section
				422.3.
"IPERS"
means the agency or the system as the
				context requires.
"System"
means the Iowa public employees'
				retirement system created pursuant to Iowa Code chapter 97B.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 1 - Organization › Rule 495-1.3 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
The chief executive officer, through the chief investment
				officer and the chief benefits officer, shall administer Iowa Code chapters 97,
				97B, and 97C. The chief executive officer shall execute contracts on behalf of
				IPERS and shall, after consultation with the board and other agency staff,
				establish and administer the budget and such other duties as are required or
				permitted in Iowa Code section
				97B.4. The chief executive
				officer may make expenditures, reports, and investigations as necessary to
				carry out the powers and duties created in Iowa Code chapter 97B and may
				obtain, as necessary, the specialized services of individuals or organizations
				on a contract-for-service basis. The chief executive officer shall be the
				agency's statutory designee with respect to rule-making power.
(1)
Location.
IPERS'
			 headquarters is located at 7401 Register Drive, Des Moines, Iowa. General
			 correspondence, inquiries, requests for information or assistance, complaints,
			 or petitions shall be addressed to: Chief Executive Officer, Iowa Public
			 Employees' Retirement System, P.O. Box 9117, Des Moines, Iowa
			 50306-9117.
(2)
Business
			 hours.
Business hours are 8 a.m. to 4:30 p.m., Monday through Friday,
			 excluding officially designated holidays.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 2 - Investment Board › Rule 495-2.1 - Investment Board

Current through Register Vol. 47, No. 3, July 24, 2024
The principal place of business of the board is IPERS'
				headquarters, 7401 Register Drive, Des Moines, Iowa.
1. Effective July 1, 2002, the board shall be
			 the trustee of the retirement fund. The board shall meet annually, and may meet
			 more often, to review its investment policies.
2. At the first meeting in each fiscal year,
			 the voting members shall elect a chair and vice chair. Future meeting dates for
			 the year shall also be decided at the first meeting. Advance notice of time,
			 date, tentative agenda, and place of each meeting shall be given in compliance
			 with Iowa Code chapter 21. All meetings of the board are open to the public and
			 shall be held in accordance with Robert's Rules of Order, Newly
			 Revised.
3. Parties wishing to
			 present items for the agenda of the next meeting shall file a written request
			 with the board chair at least five business days prior to the
			 meeting.
4. Four members eligible
			 to vote shall constitute a quorum. A simple majority vote of the full voting
			 membership shall be the vote of the board.
5. Members of the board shall file financial
			 statements pursuant to Iowa Code section
			 68B.35(2)
			 "e."
6. In the event that it should
			 become necessary to fill the chief investment officer position, the board may
			 consult with, and make hiring recommendations to, the chief executive officer
			 that are consistent with the requirements of Iowa Code chapter 8A, subchapter
			 IV.
7. The board shall set the
			 salary of the CEO pursuant to Iowa Code section
			 97B.3.
8. The board shall participate in the annual
			 performance evaluation of the chief investment officer.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 2 - Investment Board › Rule 495-2.2 - Group Trusts

Current through Register Vol. 47, No. 3, July 24, 2024
Assets of the fund may be invested in a tax-exempt group trust
				that has been determined by the Internal Revenue Service to be a pooled fund
				arrangement pursuant to Revenue Ruling 81 -100, as modified by Revenue Rulings
				2004-67 and 2011 -1, and that is operated or maintained exclusively for the
				commingling and collective investment of moneys. In such case, the terms of the
				group trust shall be adopted as part of this plan.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 3 - Benefits Advisory Committee › Rule 495-3.1 - Benefits Advisory Committee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
These rules shall govern the conduct of business by the
			 IPERS benefits advisory committee (BAC) pursuant to Iowa Code section
			 97B.8B.
(2)
Purpose.
The BAC shall
			 be an advisory committee that serves as a channel for employers and employees
			 to help formulate policies and recommendations regarding the provision of
			 benefits and services to members of the system.
(3)
Governmental body.
The
			 BAC is a governmental body as defined by Iowa Code section
			 21.2(1).
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 3 - Benefits Advisory Committee › Rule 495-3.2 - Membership Organizations and Representatives

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The BAC membership shall number no less
			 than 9 and no more than 14, and the composition of the BAC must at all times
			 meet the specific membership and voting requirements of Iowa Code section
			 97B.8B.
			 A current list of organizations, appointees, terms and voting status is
			 maintained on IPERS' Internet site.
(2) Appointment of BAC representatives. Each
			 membership organization shall appoint a representative to serve on the BAC. All
			 BAC representatives shall provide in writing to IPERS or the chairperson the
			 name, address, and telephone number of and other information about the
			 representative as required by IPERS or the chairperson. The BAC shall not
			 entertain petitions disputing a membership organization's choice of its
			 representative. In addition, a citizen representative who is not a member of
			 IPERS will also serve, pursuant to subrule 3.3(3).
(3) Attendance. Any representative shall be
			 deemed to have submitted a resignation from participation in the BAC if either
			 of the following events occurs:
a. The
			 representative does not attend three or more consecutive regularly scheduled
			 meetings.
b. The representative
			 attends fewer than one-half of the regularly scheduled meetings of the BAC each
			 fiscal year.
This provision applies only to a period beginning on or after
				the date when the person assumes the position of representative. In the event
				that a representative is deemed to have resigned under this provision, the
				chairperson shall immediately notify the representative's organization and
				require the appointment of a different representative within 30 days.
If a representative is unable to attend a meeting, an alternate
				designated by the membership organization may attend the meeting. Attendance by
				an alternate shall not relieve the regular representative of the responsibility
				of attendance at regularly scheduled meetings.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 3 - Benefits Advisory Committee › Rule 495-3.4 - Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The BAC shall review and advise on the following matters
				insofar as they impact benefits and services provided to members and employers
				under Iowa Code chapter 97B: overall plan design, benefits policy and goals,
				budget, benchmarking and quality assessment efforts, research and strategic
				planning. The BAC shall also participate in annual performance evaluations of
				the chief benefits officer and, when that position becomes vacant, assist the
				chief executive officer in the process of selecting a replacement. In addition,
				the BAC shall recommend to the governor at least two nominees for each vacant
				position on the investment board reserved for active or retired members of the
				system. The chairperson of the BAC shall solicit nominations for such vacancies
				from the entire BAC membership and, through a meeting of the BAC, select the
				names to be forwarded to the governor.
At least every two years, the BAC shall review the benefits and
				services provided to members; and the voting representatives shall make
				recommendations to the system, the governor, and the general assembly
				concerning the benefits and services provided to members and the system's
				benefits policies and benefits goals. All of the membership of the BAC,
				including nonvoting representatives, may have input into formulating such
				recommendations.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 3 - Benefits Advisory Committee › Rule 495-3.5 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The BAC shall meet at least quarterly, or at the call of the
				chairperson, or upon the written request by the chief executive officer. The
				chairperson shall establish the dates of all regularly scheduled meetings.
				Unless otherwise specified in the agenda, meetings will be held at IPERS'
				headquarters, 7401 Register Drive, Des Moines, Iowa.
(1)
Meeting agenda and
			 minutes.
a.
Meeting
			 agenda.
The agenda for each meeting will be posted at IPERS'
			 headquarters at least 24 hours prior to the meeting unless, for good cause,
			 notice is impossible or impractical, in which case as much notice as is
			 reasonably possible will be given.
b.
Minutes.
Minutes shall be
			 reviewed and approved by the BAC and maintained by IPERS.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 3 - Benefits Advisory Committee › Rule 495-3.6 - Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The BAC shall review and advise on the following matters
				insofar as they impact benefits and services provided to members and member
				employers under Iowa Code chapter 97B: overall plan design, benefits policy and
				goals, budget, benchmarking and quality assessment efforts, research and
				strategic planning. Through its voting representatives, the BAC shall make
				recommendations to the system, the governor and the general assembly about
				programs, benefits and services. The BAC shall also participate in annual
				performance evaluations of the chief benefits officer and, when that position
				becomes vacant, assist the chief executive officer in the process of defining
				and selecting a replacement. In addition, the BAC shall recommend to the
				governor at least two nominees for each vacant position on the investment board
				reserved for active or retired members of the system. The chairperson of the
				BAC shall solicit nominations for such vacancies from the entire BAC membership
				and, through a meeting of the BAC, select the names to be forwarded to the
				governor
At least every two years, the BAC shall review the benefits and
				services provided to members; and the voting representatives shall make
				recommendations to the system, the governor, and the general assembly
				concerning the benefits and services provided to members and the system's
				benefits policies and benefits goals. All of the membership of the BAC,
				including nonvoting representatives, may have input into formulating such
				recommendations.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 3 - Benefits Advisory Committee › Rule 495-3.7 - Committee Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The BAC shall meet at least quarterly, or at the call of the
				chairperson, or upon the written request by the chief executive officer, or
				designee, or upon written request of a majority of the BAC representatives. The
				chairperson shall establish the dates of all regularly scheduled meetings and
				provide, with reasonable effort, at least one month's notice of those meeting
				dates, locations, and agenda. Meetings, unless otherwise specified in the
				agenda, will generally be held at IPERS' headquarters, 7401 Register Drive, Des
				Moines, Iowa.
(1)
Notice of
			 meetings and agenda.
a.
Form
			 of notice.
Notice of meetings is given by the posting and distributing
			 of the agenda. The agenda lists the time, date, place, and topics to be
			 discussed at the meeting.
b.
Posting of agenda.
The agenda for each meeting will be posted
			 at IPERS' headquarters.
c.
Distribution of agenda.
An agenda shall be provided to each
			 BAC representative and to anyone who files a request with the chairperson. The
			 request should state whether the agenda for a particular meeting is desired or
			 whether the agendas for all meetings are desired.
d.
Amendments to agenda.
After an agenda has been posted and distributed, any amendments to the agenda
			 will be posted, but not distributed. The amended agenda will be posted at least
			 24 hours prior to the meeting unless, for good cause, notice is impossible or
			 impractical, in which case as much notice as is reasonably possible will be
			 given.
e.
Supporting
			 material.
Written materials provided to the BAC with the agenda may be
			 examined and copied. Copies of the materials may be distributed at the
			 discretion of the chairperson to persons requesting the materials. The
			 chairperson may require a fee to cover the reasonable cost to the agency to
			 provide the copies.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 4 - Employers › Rule 495-4.2 - Records to Be Kept by the Employer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each employer
			 shall maintain records to show the information hereinafter indicated. Records
			 shall be kept in the form and manner prescribed by IPERS. Records shall be open
			 to inspection and may be copied by IPERS and its authorized representatives at
			 any reasonable time.
(2)
Required information.
Records shall show with respect to each
			 employee:
a. Employee's name, address,
			 gender, and social security account number, and other demographic information
			 that may be required;
b. Each date
			 the employee was paid wages or other wage equivalent (e.g., room,
			 board);
c. Total amount of wages
			 paid on each date including noncash wage equivalents;
d. Total amount of wages including wage
			 equivalents on which IPERS contributions are payable;
e. Amount withheld from wages or wage
			 equivalents for the employee's share of IPERS contributions; and
f. Effective January 1, 1995, records will
			 show, with respect to each employee, member contributions picked up by the
			 employer.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 4 - Employers › Rule 495-4.3 - Wage Reporting and Payment of Contributions by Employers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Payment of
			 contributions.
For wages paid on or after July 1, 2008, all covered
			 employers are required to pay contributions on a monthly basis. Upon enrollment
			 as an IPERS-covered employer, the employer shall receive the appropriate forms
			 and instructions from IPERS to submit contributions. IPERS will provide monthly
			 statements to each employer.
IPERS accepts the payment of contributions through electronic
				funds transfer. Payments utilizing the electronic funds transfer system shall
				be made according to the procedure described in subrule 4.3(3).
IPERS accepts the payment of contributions using checks and
				remittance advice forms. Employers filing monthly employer remittance advice
				forms on paper for two or more employers shall attach the checks to each
				remittance form. Checks shall be made payable to the Iowa Public Employees'
				Retirement System and mailed with the employer remittance advice form to IPERS,
				P.O. Box 9117, Des Moines, Iowa 50306-9117. Effective August 1, 2008, such
				payments and reports shall be subject to a fee as described in subrule
				4.3(6).
(2)
Wage
			 reports.
For wages paid on or after July 1, 2008, all IPERS-covered
			 employers are required to file wage reports on a monthly basis. IPERS will
			 provide the forms and instructions for wage reporting to employers. Each wage
			 report must include the required information for all employees who earned
			 reportable wages or wage equivalents under IPERS. The reports must be received
			 by IPERS on or before the fifteenth day of the month following the month in
			 which the wages were paid. If the fifteenth day falls on a weekend or
			 state-observed holiday, the wage report is due on the next regularly scheduled
			 business day.
Effective August 1, 2008, IPERS shall accept wage reports
				electronically via IPERS' employer self-service Internet application or as a
				paper report. However, for those employers submitting reports other than via
				IPERS' employer self-service Internet application, IPERS shall charge a fee as
				described in subrule 4.3(6).
(3)
Deadlines for payment of
			 contributions.
a. Contributions must
			 be paid monthly and must be received by IPERS on or before the fifteenth day of
			 the month following the month in which wages were paid. If the fifteenth day
			 falls on a weekend or state-observed holiday, the contribution is due on the
			 next regularly scheduled business day.
b. For employers paying contributions by
			 electronic funds transfer, wage reports and contributions may be submitted at
			 the same time.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 4 - Employers › Rule 495-4.4 - Accrual of Interest and Application of Employer Payments

Current through Register Vol. 47, No. 3, July 24, 2024
Interest or charges as provided under Iowa Code section
				97B.9
				shall accrue on all employer payments not received by IPERS by the due date,
				except that interest or charges may be waived by IPERS if the employer requests
				an extension of time under subrule 4.3(4) prior to the due date. Effective
				August I, 2008, employers that remit late contributions shall be charged a
				minimum of $20 or interest at the rate provided in Iowa Code section
				97B.70,
				whichever is greater No fee will be charged on late contributions received as a
				result of a wage adjustment, but interest on the amount due will be charged
				until paid in full. Payments received from employers having unpaid account
				balances shall first be applied to the oldest outstanding
				balance.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 4 - Employers › Rule 495-4.6 - Contribution Rates

Current through Register Vol. 47, No. 3, July 24, 2024
The following contribution rate schedule, payable on the
				covered wage of the member, is determined by the position or classification and
				the occupation class code of the member.
(1) Contribution rates for regular class
			 members.
a. The following contribution rates
			 were established by the Iowa legislature for all regular class members for the
			 indicated periods:
Effective July 1, 2007
Effective July 1, 2008
Effective July 1, 2009
Effective July 1, 2010
Effective July 1, 2011
Combined rate
9.95%
10.45%
10.95%
11.45%
13.45%
Employer
6.05%
6.35%
6.65%
6.95%
8.07%
Employee
3.90%
4.10%
4.30%
4.50%
5.38%
b.
			 Effective July 1, 2012, and every year thereafter, the contribution rates for
			 regular members shall be publicly declared by IPERS staff no later than the
			 preceding December as determined by the annual valuation of the preceding
			 fiscal year. The public declaration of contribution rates will be followed by
			 rulemaking that will include a notice and comment period and that will become
			 effective July 1 of the next fiscal year. Contribution rates for regular
			 members are as follows.
Effective July 1, 2020
Effective July 1, 2021
Effective July 1, 2022
Effective July 1, 2023
Effective July 1, 2024
Combined rate
15.73%
15.73%
15.73%
15.73%
15.73%
Employer
9.44%
9.44%
9.44%
9.44%
9.44%
Employee
6.29%
6.29%
6.29%
6.29%
6.29%
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 4 - Employers › Rule 495-4.7 - Employee Information to Be Provided by Covered Employers

Current through Register Vol. 47, No. 3, July 24, 2024
Covered employers are required to enroll new employees prior to
				reporting wages for the new employees using IPERS' employer self-service
				Internet application. Enrollment information shall include, but is not limited
				to, the following: member's name, social security number, date of birth, date
				of hire, occupation code, gender, mailing address, and employer identification
				number. When an employee terminates employment with a covered employer, the
				employer shall provide the termination date and the date of the employee's
				final paycheck.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 5 - Employees › Rule 495-5.2 - Coverage Treatment for Specific Employee Classifications

Current through Register Vol. 47, No. 3, July 24, 2024
Employment as defined in Iowa Code chapter 97B is not
				synonymous with IPERS membership. Some classes of employees are explicitly
				excluded or membership is made optional under Iowa Code section
				97B.1A(8)
"b,"
while other classes are excluded or membership
				is made optional by their nature. The following subrules are designed to
				clarify the status of certain employee positions.
(1) Elected officials. Effective January 1,
			 1999, the following persons shall be covered by IPERS unless they elect out of
			 coverage:
a. Elected officials in positions
			 for which the compensation is on a fee basis;
b. Elected officials of school
			 districts;
c. Elected officials of
			 townships; and
d. Elected officials
			 of other political subdivisions who are in part-time positions.
An elected official who becomes covered under this chapter may
				later terminate membership by informing IPERS in writing of the expiration of
				the member's term of office or, if a member of the general assembly, of the
				intention to terminate coverage.
An elected official does not terminate covered employment with
				the end of each term of office if the official has been reelected for the same
				position. If elected for another position, the official shall be covered unless
				the official elects out of coverage.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 5 - Employees › Rule 495-5.3 - Participation in Ipers and Another Retirement System

Current through Register Vol. 47, No. 3, July 24, 2024
Effective July 1, 1996, an employee may actively participate in
				IPERS and another retirement system supported by public funds if the person
				does not receive credit under both IPERS and such other retirement system for
				the same position held.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 6 - Covered Wages › Rule 495-6.1 - Irs Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Wages as discussed in this chapter shall not exceed the amount
				permitted for a given year under Sections 401(a)(17)(A) and (B) of the Internal
				Revenue Code, which are incorporated herein by this
				reference.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 6 - Covered Wages › Rule 495-6.2 - Definition of Wages

Current through Register Vol. 47, No. 3, July 24, 2024
"Wages" means all compensation earned by employees including,
				except as otherwise provided under this chapter, vacation pay; sick pay; back
				pay; amounts deducted from the employee's pay at the employee's discretion for
				tax-sheltered annuities, dependent care and cafeteria plans; and the cash value
				of wage equivalents. This definition applies to these rules, regulations,
				interpretations, forms and other IPERS publications unless the context
				otherwise requires.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 6 - Covered Wages › Rule 495-6.4 - Month for Which Wages Are to Be Reported

Current through Register Vol. 47, No. 3, July 24, 2024
Wages are reportable for the month in which they are actually
				paid to the employee, except when employees are awarded lump sum payments of
				back wages, whether as a result of litigation or otherwise, receive lump sum
				payments of extra duty pay, and similar situations involving regular and
				periodic lump sum payments which IPERS in its sole discretion determines should
				be treated as covered wages. The employer shall file with IPERS wage
				adjustments allocating the wages to the periods of service for which such
				payments are awarded. Employers shall forward the required employer and
				employee contributions and interest to IPERS.
(1) Actual and constructive receipt. An
			 employer cannot report wages as having been paid to employees as of a monthly
			 reporting date if the employee has not actually or constructively received the
			 payments in question. For example, wages that are mailed, transmitted via
			 electronic funds transfer for direct deposit, or handed to an employee on June
			 30 would be reported as June wages, but wages that are mailed, transmitted via
			 electronic funds transfer for direct deposit, or handed to an employee on July
			 3 would be reported as July wages.
(2) One quarter of service will be credited
			 for each quarter in which a member is paid IPERS-covered wages.
a. "Covered wages" means wages of a member
			 during periods of service that do not exceed the annual covered wage maximum as
			 permitted for a given year under Sections 401(a)(17)(A) and (B) of the Internal
			 Revenue Code, which are incorporated herein by this reference.
b. If a member is employed by more than one
			 employer during the calendar year, the total amount of wages paid by all
			 covered employers shall be included in determining the annual covered wage
			 limit established under Sections 401(a)(17)(A) and (B) of the Internal Revenue
			 Code. If the amount of wages paid to a member by several employers during any
			 given month exceeds the covered wage limit as determined for that calendar
			 year, the amount of the excess shall not be subject to contributions required
			 by Iowa Code section
			 97B.11.
			 IPERS shall not accept excess wages and applicable contributions from employers
			 and shall return excess contributions as provided in 495-subrule
			 4.3(8).
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 6 - Covered Wages › Rule 495-6.5 - Covered Wage Treatment for Employer Contributions to Irc Section 125 Plans

Current through Register Vol. 47, No. 3, July 24, 2024
If certain conditions are met, employer contributions to fringe
				benefit programs that qualify under IRC Section 125 may be treated as covered
				wages. The following subrules set forth IPERS' regulations for determining
				covered wage treatment and for making wage adjustments when employer-paid
				contributions have been covered or excluded in violation of the standards set
				forth below.
(1)
Section 125
			 plans.
For purposes of this rule, a Section 125 plan means an
			 employer-sponsored fringe benefit plan that is subject to Section 125 of the
			 federal Internal Revenue Code (IRC). Some of the common names for this type of
			 plan are cafeteria plan, flexible benefits plan, flex plan, and flexible
			 spending arrangement.
a. Effective January 1,
			 2017, employers must annually certify to IPERS, on a form approved by the
			 system, that their Section 125 plans meet all IRC requirements.
b. If an employer does not certify its
			 Section 125 plan's compliance with the IRC, all employer contributions to
			 fringe benefit plans will be excluded from IPERS coverage.
Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 6 - Covered Wages › Rule 495-6.6 - Corrections of Overpayments and Underpayments of Contributions and Benefits Caused by Misreporting of Covered Wages

Current through Register Vol. 47, No. 3, July 24, 2024
IPERS shall use the following guidelines in requiring
				corrections of overpayments and underpayments of contributions caused by
				misreported wages or IPERS-covered service. Corrections must be made for all
				current employees omitted in error, active, retired, and inactive members,
				subject to the following limitations:
(1) If employer and employee contributions
			 were underreported, wage adjustments shall be filed and employers shall be
			 billed for all shortages of employer and employee contributions plus interest.
			 Employers shall be entitled to collect reimbursement for the employee share of
			 contributions as provided in Iowa Code section
			 97B.9.
			 If retirement benefits have been underpaid as a result of the error, IPERS
			 shall, upon receipt of the contribution shortage, make the appropriate
			 adjustments and pay all back benefits.
(2) If employer and employee contributions
			 were overreported, wage adjustments shall be filed and the appropriate
			 contribution amounts shall be credited to employers for distribution to the
			 respective employee and employer contributors. If the reporting error caused an
			 overpayment of retirement benefits, IPERS may offset excess contributions
			 received against overpayments and shall request a repayment of the remainder of
			 the overpayment, if any, from the recipient.
Wage adjustments, overpayments and underpayments, and
				unintentional reporting errors shall be determined as of the onset of the
				error. Notwithstanding the foregoing adjustment and collection standards, IPERS
				reserves the right to negotiate adjustments with individual employers in
				special situations, and no negotiated settlement with an employer shall be
				deemed to constitute a waiver of this rule or a binding precedent for other
				employers.