§ 411.6 — Benefits

Iowa § 411.6

• Jurisdiction: Iowa
• Title IX: LOCAL GOVERNMENT
• Ch. 411: RETIREMENT SYSTEM FOR POLICE OFFICERS AND FIRE FIGHTERS

Text

1. Service retirement benefit. Retirement of a member on a service retirement allowance
shall be made by the system as follows:
a. Any member in service may retire upon written application to the system, setting forth
at what time, not less than thirty nor more than ninety days subsequent to the execution
and filing of the application, the member desires to be retired. However, the member at the
time specified for retirement shall have attained the age of fifty-five and shall have served
twenty-two years or more, and notwithstanding that, during the period of notification, the
member may have separated from the service.
b. Any vested member in service whose employment is terminated, other than by death
or disability, prior to the member being credited with twenty-two years of service shall, upon
attaining retirement age for a vested member with four or more years of service or upon
application to the system for a vested member with less than four years of service, receive
a service retirement allowance as calculated in the manner provided in this paragraph “b”.
A vested member receiving a retirement allowance pursuant to this paragraph shall receive
a service retirement allowance equal to one twenty-seconds of the retirement allowance the
member would receive based on twenty-two years of service, multiplied by the number of
years of service credited to the member. The amount of the retirement allowance shall be
calculated in the manner provided in this paragraph using the average final compensation at
the time of termination of employment.

c. Once a person commences receiving a service retirement allowance pursuant to this
section, if the person is reemployed, as defined in section 411.3, the service retirement
allowance shall not be recalculated based upon the person’s reemployment.
2. Allowance on service retirement.
a. The service retirement allowance for a member who terminates service, other than by
death or disability, prior to July 1, 1990, shall consist of a pension which equals fifty percent
of the member’s average final compensation.
b. The service retirement allowance for a member who terminates service, other than by
death or disability, on or after July 1, 1990, but before July 1, 1992, shall consist of a pension
which equals fifty-four percent of the member’s average final compensation.
c. Commencing July 1, 1992, for members who terminate service, other than by death
or disability, on or after that date, but before July 1, 2000, the system shall increase the
percentage multiplier of the member’s average final compensation by an additional two
percent each July 1 until reaching sixty percent of the member’s average final compensation.
The applicable percentage multiplier shall be the rate in effect on the date of the member’s
termination from service.
d. Upon retirement from service on or after July 1, 2000, a member shall receive a service
retirement allowance which shall consist of a pension which equals sixty-six percent of the
member’s average final compensation.
e. Commencing July 1, 1990, if the member has completed more than twenty-two years of
creditable service, the service retirement allowance shall consist of a pension which equals
the amount provided in paragraph “b”, “c”, or “d”, plus an additional percentage as set forth
below:
(1) For a member who terminates service, other than by death or disability, on or after
July 1, 1990, but before July 1, 1991, and who does not withdraw the member’s contributions
pursuant to section 411.23, upon the member’s retirement there shall be added three-tenths
percent of the member’s average final compensation for each year of service over twenty-two
years, excluding years of service after the member’s fifty-fifth birthday. However, this
subparagraph does not apply to more than eight additional years of service.
(2) For a member who terminates service, other than by death or disability, on or after
July 1, 1991, but before October 16, 1992, and who does not withdraw the member’s
contributions pursuant to section 411.23, upon the member’s retirement there shall be added
six-tenths percent of the member’s average final compensation for each year of service
over twenty-two years, excluding years of service after the member’s fifty-fifth birthday.
However, this subparagraph does not apply to more than eight additional years of service.
(3) For a member who terminates service, other than by death or disability, on or after
October 16, 1992, but before July 1, 1998, and who does not withdraw the member’s
contributions pursuant to section 411.23, upon the member’s retirement there shall be added
six-tenths percent of the member’s average final compensation for each year of service over
twenty-two years. However, this subparagraph does not apply to more than eight additional
years of service.
(4) For a member who terminates service, other than by death or disability, on or after
July 1, 1998, but before July 1, 2000, and who does not withdraw the member’s contributions
pursuant to section 411.23, upon the member’s retirement there shall be added one and
one-half percent of the member’s average final compensation for each year of service over
twenty-two years. However, this subparagraph does not apply to more than eight additional
years of service.
(5) Foramemberwhoterminatesservice, otherthanbydeathordisability, onorafterJuly
1, 2000, and who does not withdraw the member’s contributions pursuant to section 411.23,
uponthemember’sretirementthereshallbeaddedtwopercentofthemember’saveragefinal
compensation for each year of service over twenty-two years. However, this subparagraph
does not apply to more than eight additional years of service.
3. Ordinary disability retirement benefit. Upon application to the system, of a member
in good standing or of the chief of the police or fire departments, respectively, any member
in good standing shall be retired by the system, not less than thirty and not more than ninety
days next following the date of filing the application, on an ordinary disability retirement

allowance, if the medical board after a medical examination of the member certifies that
the member is mentally or physically incapacitated for further performance of duty, that the
incapacity is likely to be permanent, and that the member should be retired. However, if a
person’s membership in the system first commenced on or after July 1, 1992, the member
shall not be eligible for benefits with respect to a disability which would not exist, but for
a medical condition that was known to exist on the date that membership commenced. A
medical condition shall be deemed to have been known to exist on the date that membership
commenced if the medical condition is reflected in any record or document completed or
obtained in accordance with the system’s medical protocols pursuant to section 400.8, or in
any other record or document obtained pursuant to an application for disability benefits from
the system, if such record or document existed prior to the date membership commenced. A
member who is denied a benefit under this subsection, by reason of a finding by the medical
boardthatthememberisnotmentallyorphysicallyincapacitatedforthefurtherperformance
of duty, shall be entitled to be restored to active service in the same position held immediately
prior to the application for disability benefits. The member-in-good-standing requirement of
this subsection may be waived for good cause as determined by the board. The burden of
establishing good cause is on the member.
4. Allowance on ordinary disability retirement.
a. Upon retirement for ordinary disability prior to July 1, 1998, a member shall receive
an ordinary disability retirement allowance which shall consist of a pension which shall
equal fifty percent of the member’s average final compensation unless either of the following
conditions exist:
(1) Ifthememberhasnothadfiveormoreyearsofmembershipservice, themembershall
receive a pension equal to one-fourth of the member’s average final compensation.
(2) If the member has had twenty-two or more years of membership service, the member
shall receive a disability retirement allowance that is equal to the greater of the benefit that
the member would receive under subsection 2 if the member were fifty-five years of age or
the disability pension otherwise calculated under this subsection.
b. Upon retirement for ordinary disability on or after July 1, 1998, a member who has five
or more years of membership service shall receive a disability retirement allowance in an
amountequaltothegreateroffiftypercentofthemember’saveragefinalcompensationorthe
retirement allowance that the member would receive under subsection 2 if the member had
attained fifty-five years of age. A member who has less than five years of membership service
shall receive a pension equal to one-fourth of the member’s average final compensation.
5. Accidental disability benefit.
a. Upon application to the system of a member in good standing, of an ordinary disability
beneficiary, or of the chief of the police or fire departments, respectively, any member in
good standing or ordinary disability beneficiary who has become totally and permanently
incapacitated for duty as the natural and proximate result of an injury or disease incurred
in or aggravated by the actual performance of duty or arising out of and in the course of
employment, or while acting, pursuant to order, outside of the city by which the member is
regularly employed, shall be retired by the system, or may have a retirement for an ordinary
disability converted to a retirement for an accidental disability, if the medical board certifies
that the member or ordinary disability beneficiary is mentally or physically incapacitated
for further performance of duty, that the incapacity is likely to be permanent, and that the
member should be retired or should have a retirement for an ordinary disability converted
to a retirement for an accidental disability. However, if a person’s membership in the system
first commenced on or after July 1, 1992, the member or ordinary disability beneficiary
shall not be eligible for benefits with respect to a disability which would not exist, but for
a medical condition that was known to exist on the date that membership commenced. A
medical condition shall be deemed to have been known to exist on the date that membership
commenced if the medical condition is reflected in any record or document completed or
obtained in accordance with the system’s medical protocols pursuant to section 400.8, or in
any other record or document obtained pursuant to an application for disability benefits from
the system, if such record or document existed prior to the date membership commenced.
A member who is denied a benefit under this subsection, by reason of a finding by the

medical board that the member is not mentally or physically incapacitated for the further
performance of duty, shall be entitled to be restored to active service in the same position
held immediately prior to the application for disability benefits.
b. If a member in service or the chief of the police or fire departments becomes
incapacitated for duty as a natural or proximate result of an injury or disease incurred in
or aggravated by the actual performance of duty or arising out of or in the course of the
employment, or while acting, pursuant to order, outside the city by which the member is
regularly employed, the member, upon being found to be temporarily incapacitated following
a medical examination as directed by the city, is entitled to receive the member’s full pay
and allowances from the city’s general fund or trust and agency fund until reexamined as
directed by the city and found to be fully recovered or until the city determines that the
member is likely to be permanently disabled. If the temporary incapacity of a member
continues more than sixty days, or if the city expects the incapacity to continue more than
sixty days, the city shall notify the system of the temporary incapacity. Upon notification by
a city, the system may refer the matter to the medical board for review and consultation with
the member’s treating physician during the temporary incapacity. Except as provided by
this paragraph, the board of trustees of the statewide system has no jurisdiction over these
matters until the city determines that the disability is likely to be permanent.
c. (1) Disease under this subsection shall mean heart disease or any disease of the lungs
or respiratory tract and shall be presumed to have been contracted while on active duty as a
result of strain or the inhalation of noxious fumes, poison, or gases.
(2) Disease under this subsection shall also mean cancer or infectious disease and shall
be presumed to have been contracted while on active duty as a result of that duty.
(3) However, if a person’s membership in the system first commenced on or after July 1,
1992, and the heart disease, disease of the lungs or respiratory tract, cancer, or infectious
disease would not exist, but for a medical condition that was known to exist on the date that
membership commenced, the presumption established in this paragraph “c” shall not apply.
d. To establish that a mental incapacity occurred as the natural and proximate result of an
injury or disease incurred in or aggravated by the actual performance of duty or arising out
of and in the course of the employment, or while acting, pursuant to order, outside of the city
by which the member is regularly employed, the member must demonstrate that the mental
incapacity is traceable to a readily identifiable work event constituting a manifest happening
of a sudden traumatic nature from an unexpected cause or unusual strain in the workplace.
Whether an incident is traumatic, unexpected, or unusual is determined by comparing the
incident, and not the effect on the member, to the experiences of other police officers or fire
fighters in Iowa. A member must be able to trace the member’s mental injury to a specific
event or events in the workplace to be eligible for accidental disability benefits.
e. The requirement that a member be in good standing to apply for and receive a benefit
under this subsection may be waived for good cause as determined by the board. The burden
of establishing good cause is on the member.
6. Retirement after accident.
a. UponretirementforaccidentaldisabilitypriortoJuly1,1990,amembershallreceivean
accidental disability retirement allowance which shall consist of a pension equal to sixty-six
and two-thirds percent of the member’s average final compensation.
b. UponretirementforaccidentaldisabilityonorafterJuly1,1990,butbeforeJuly1,1998,
a member shall receive an accidental disability retirement allowance which shall consist of a
pension equal to sixty percent of the member’s average final compensation. However, if the
member has had twenty-two or more years of membership service, the member shall receive
a disability retirement allowance that is equal to the greater of the retirement allowance that
the member would receive under subsection 2 if the member was fifty-five years of age or the
disability retirement allowance calculated under this paragraph.
c. Upon retirement for accidental disability on or after July 1, 1998, a member shall
receive an accidental disability retirement allowance which shall consist of a pension in an
amount equal to the greater of sixty percent of the member’s average final compensation or
the retirement allowance that the member would receive under subsection 2 if the member
had attained fifty-five years of age.

d. (1) UponadeterminationonorafterJuly1,2024,thatanordinarydisabilitybeneficiary
is entitled to a retirement for accidental disability, the beneficiary shall receive an accidental
disability retirement allowance which shall consist of a pension in an amount that is equal
to the greater of sixty percent of the member’s average final compensation or the retirement
allowance that the member would receive under subsection 2 if the member had attained
fifty-five years of age, or an amount equal to the ordinary disability retirement allowance
previously received by the beneficiary, whichever is greater.
(2) An accidental disability allowance under this paragraph shall commence effective the
first day of the first month following the determination that the ordinary disability beneficiary
is entitled to a retirement for accidental disability.
7. Reexamination of beneficiaries retired on account of disability. The system may,
and upon the member’s application shall, require any disability beneficiary who has not
yet attained age fifty-five to undergo a medical examination at a place designated by the
medical board. The examination shall be made by the medical board or, in special cases, by
an additional physician or physicians designated by such board. If any disability beneficiary
who has not attained the age of fifty-five refuses to submit to the medical examination,
the member’s allowance may be discontinued until withdrawal of such refusal, and if the
refusal continues for one year all rights in and to the member’s pension may be revoked
by the system. For a disability beneficiary who has not attained the age of fifty-five and
whose entitlement to a disability retirement commenced on or after July 1, 2000, the medical
board may, as part of the examination required by this subsection, suggest appropriate
medical treatment or rehabilitation if, in the opinion of the medical board, the recommended
treatment or rehabilitation would likely restore the disability beneficiary to duty.
a. (1) Should any beneficiary for either ordinary or accidental disability, except a
beneficiary who is fifty-five years of age or over, be engaged in a gainful occupation paying
more than the difference between the member’s net retirement allowance and one and
one-half times the earnable compensation of an active member at the same position on
the salary scale within the member’s rank as the member held at retirement, then the
amount of the member’s retirement allowance shall be reduced to an amount such that the
member’s net retirement allowance plus the amount earned by the member shall equal one
and one-half times the amount of the current earnable compensation of an active member
at the same position on the salary scale within the member’s rank as the member held at
retirement. Should the member’s earnings be later changed, the amount of the member’s
retirement allowance may be further modified, provided that the new retirement allowance
shall not exceed the amount of the retirement allowance adjusted by annual readjustments
of pensions pursuant to subsection 12 of this section nor an amount which would cause the
member’s net retirement allowance, when added to the amount earned by the beneficiary, to
equal one and one-half times the amount of the earnable compensation of an active member
at the same position on the salary scale within the member’s rank as the member held at
retirement. A beneficiary restored to active service at a salary less than the average final
compensation upon the basis of which the member was retired at age fifty-five or greater,
shall not again become a member of the retirement system and shall have the member’s
retirement allowance suspended while in active service. If the rank or position held by the
retired member is subsequently abolished, adjustments to the allowable limit on the amount
of income which can be earned in a gainful occupation shall be computed by the board of
trustees as though such rank or position had not been abolished and salary increases had
been granted to such rank or position on the same basis as increases granted to other ranks
and positions in the department. For purposes of this paragraph, “net retirement allowance”
means the amount determined by subtracting the amount paid during the previous calendar
year by the beneficiary for health insurance or similar health care coverage for the
beneficiary and the beneficiary’s dependents from the amount of the member’s retirement
allowance paid for that year pursuant to this chapter. The beneficiary shall submit sufficient
documentation to the system to permit the system to determine the member’s net retirement
allowance for the applicable year.
(2) A beneficiary retired under this lettered paragraph, in order to be eligible for
continued receipt of retirement benefits, shall no later than May 15 of each year submit

to the system a copy of the beneficiary’s federal individual income tax return for the
preceding year. The beneficiary shall also submit, within a reasonable period of time, any
documentation requested by the system that is determined to be necessary by the system to
determine the beneficiary’s gross wages.
(3) Retroactive to July 1, 1976, the limitations on pay of a member engaged in a gainful
occupation who is retired under accidental disability prescribed in this paragraph shall not
apply to a member who retired before July 1, 1976.
b. Should a disability beneficiary under age fifty-five be restored to active service at
a compensation not less than the disability beneficiary’s average final compensation, the
disability beneficiary’s retirement allowance shall cease, the disability beneficiary shall again
become a member and shall contribute thereafter at the rate established in section 411.8,
and former service on the basis of which the disability beneficiary’s service was computed
at the time of retirement shall be restored to full force and effect and upon subsequent
retirement the disability beneficiary shall be credited with all service as a member and also
with the period of disability retirement.
c. Should a disability beneficiary under age fifty-five be employed in a public safety
occupation, the disability beneficiary’s retirement allowance shall cease. Notwithstanding
any provision of this chapter to the contrary, if a disability beneficiary is employed in a
public safety occupation that would otherwise constitute membership service, the disability
beneficiary shall not become a member of the system. For purposes of this paragraph,
“public safety occupation” means a peace officer, as defined in section 97A.1; a protection
occupation, as defined in section 97B.49B; a sheriff or deputy sheriff as defined in section
97B.49C; and a police officer or fire fighter as defined in section 411.1, who was not restored
to active service as provided by this subsection.
8. Ordinary death benefit.
a. Uponthereceiptofproofofthedeathofamemberinservice,oramembernotinservice
who has completed four or more years of service as provided in subsection 1, paragraph “b”,
there shall be paid to the person designated by the member to the system as the member’s
beneficiary, if the member has had one or more years of membership service and no pension
is payable under subsection 9, the greater of the following:
(1) An amount equal to fifty percent of the compensation earnable by the member during
theyearimmediatelyprecedingthemember’sdeathifthememberisinservice, oranamount
equal to fifty percent of the compensation earned by the member during the member’s last
year of service if the member is not in service.
(2) An amount the member would have been entitled to withdraw pursuant to section