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Pending Rule Making Actions

2019 Rule Making Actions

Notice of Intended Action (NOIA) ARC# 4238C

IPERS is making changes to the following chapters of Iowa Public Employees' Retirement System [495], Iowa Administrative Code, under the authority of Iowa Code sections 97B.4 and 97B.15.

  • Chapter 4, Employers 
  • Chapter 6, Covered Wages 
  • Chapter 7, Service Credit and Vesting Status 
  • Chapter 8, Service Purchases 
  • Chapter 9, Refunds 
  • Chapter 11, Application for, Modification of, and Termination of Benefits 
  • Chapter 12, Calculation of Monthly Retirement Benefits 
  • Chapter 14, Death Benefits and Beneficiaries 
  • Chapter 16, Domestic Relations Orders and Other Assignments 

IPERS proposes to:

  • conform rules with other rules and statutes or rescind rules that are outdated, redundant or inconsistent, or no longer in effect to meet the requirements of the statutory 5-year rules review for Chapters 6-10;
  • implement contribution rates for regular and special service members beginning July 1, 2019;
  • simplify and update language in rules pertaining to sick and compensatory time;
  • emphasize bona fide refunds require a member remain out of IPERS-covered employment for 30 days and simplify language concerning restoring a member's account;
  • clarify vesting status post-June 30, 2012 for special service and regular service members;
  • rescind and replace language in 8.1(1) to update and amend current rules covering service purchases to conform with current law and practice;
  • align IRC 415 testing compliance language with actual practice and IRS regulation of all service purchases;
  • emphasize service credit purchases are available for leaves of absences only if they have been approved by the employer;
  • clarify members have 60 days from date of IPERS' acceptance of a service purchase to revoke their purchase;
  • clearly define that periods a member who was self-employed or worked as an independent contractor are not periods that can be used to make a service purchase;
  • stress the seriousness of the member's notarized statement regarding efforts to locate a spouse for their signature by changing "indicating" to "affirming";
  • combine subrules 9.4(2) and (3) to increase clarity with the determination of a member's last day of employment and use of an electronic funds transfer related to refunds;
  • document current policy regarding payment of a named beneficiary's share to the other named-beneficiaries in the event they predecease the member;
  • provide for corrections of overpayments and underpayments of contributions and benefits caused by the misreporting of covered wages;
  • eliminate successor alternate payee (SAP) language from Qualified Domestic Relations Orders;
  • improve the Alternate Payee benefit process while retaining Member's rights and securing Alternate Payee benefits. 

Date filed: 12/20/2018

Notice Publication Date in the Iowa Administrative Bulletin (IAB): 01/16/2019

(After publication, the rules may also be viewed on the Iowa Administrative Rules website)

Administrative Rules Review Committee Hearing: TBD

Deadline for Public Comments: 02/05/2019

Public Hearing Date: 02/05/2019 at 9 a.m.

Public Hearing Location: IPERS Board Room

First Effective Date: 04/17/2019

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