Section 661.402.307. Purchase of service credit for military service.

       402.307(1) Eligibility. Effective July 1, 2010, an active member of the system who has been a member of the retirement system five or more years may purchase service credit for military service under this chapter.

Note: Determination of length of active membership will be made pursuant to Iowa Code section 97A.3.

       402.307(2) Service eligible for purchase. An eligible member may elect to purchase up to five years of service for military service that is not already recognized by the system or required to be recognized by the system under Internal Revenue Code Section 414(u) or the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).

        a.           Permissive service credit shall be calculated in years at the rate of one year of service for six months or more of a year actually worked with no more than one year of service to be credited for all service in one calendar year.

        b.           A member may elect to purchase service credit for all or part of the member’s eligible service up to the five-year limitation and limitations of Internal Revenue Code Section 415(n).

        c.           For purposes of this rule, “military service” means active duty service in any of the following:

       (1)             The United States Army, Navy, Marine Corps, Air Force or Coast Guard;

       (2)             The United States Army Reserves, Naval Reserves, Marine Corps Reserves, Air Force Reserves or Coast Guard Reserves;

       (3)             The Army National Guard or Air National Guard;

       (4)             The Commissioned Corps of the Public Health Service; or

       (5)             Any other category of persons designated by the President in a time of war or emergency.

       402.307(3) Application. A member seeking to purchase service credit under this rule shall file a written application with the system requesting an actuarial determination of the purchase cost of the requested service credit. Applications shall be on forms provided by the secretary. The member shall include with the application:

        a.           Periods of military service for which credit is requested.

        b.           Proof of applicable military service. Records that may be acceptable for this purpose include the member’s DD Form 214, discharge papers or other records as determined by the system.

        c.           Any other documentation reasonably requested by the system.

       402.307(4) Determination of cost to member. Upon receipt of the written application and supporting documentation, the secretary shall review and verify the submitted documents. The secretary shall submit the application and pertinent member information to the actuary contracted by the system to determine the cost to purchase the military service. The cost of actuarial determinations shall be borne by the member, payable upon receipt of the cost quote.

       402.307(5) Application process.

        a.           Actuarial cost quote of military service credit. When made available to the secretary by the actuary, the cost quote shall be forwarded to the member promptly. Such delivery may be made through electronic mail, facsimile transmission, regular mail, or personal service. The cost quote for purchase of credit for military service shall remain valid for six months from the date of the cost quote unless replaced by a subsequent cost quote for the same time period of military service.

        b.           Submission of application to purchase military service credit. The member may submit to the secretary an application to purchase years of military credit in a cumulative amount no greater than five years. Full payment in the form of a check or money order payable to the Peace Officers’ Retirement, Accident, and Disability System, or certification of intent to pay through a qualified plan, or a combination thereof, shall accompany the application to purchase military service credit.

        c.           Acceptance of application to purchase military service credit. If the application is accepted, the secretary shall deposit the full payment in the system’s account and shall adjust the member’s years of service and contributions to reflect the purchase of credit for military service. Prior to the receipt of full payment, the secretary shall make no adjustment to the member’s years of service or contributions.

       402.307(6) Revocation. A member may revoke a service purchase election and receive a refund without interest of the purchase cost paid, provided that the revocation request is in writing and is received by the system no later than 60 days following the date of the receipt of the payment of the purchase cost by the system and prior to the date of the commencement of benefits to the member under Iowa Code section 97A.6.

       402.307(7) Refund when required by Internal Revenue Code. This rule shall not be construed to limit the system’s ability to refund service credit purchase amounts when required in order to meet the provisions of the Internal Revenue Code.

       402.307(8) Rejection of application to purchase military service credit. If the application is rejected, the secretary shall refer the rejected application to the board for review at the next regularly scheduled meeting.

       402.307(9) Board review. The board shall review any rejected application for purchase of military service credit. If the board overrules the action, the secretary shall process the application. If the board sustains the rejection, the secretary shall return the payment to the member. The member may appeal the action pursuant to 661—subrule 401.2(2).

       402.307(10) Average final compensation. The average final compensation of the member shall not be affected by the purchase of credit for military service.

[ARC 8935B, IAB 7/14/10, effective 7/1/10]