Iowa Code

Iowa Code § 216.13 (2026)

Exceptions for retirement plans, abortion coverage, life, disability, and health benefits

✓ current as of July 2026
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The provisions of this chapter relating to discrimination because of age do not apply to a retirement plan or benefit system of an employer unless the plan or system is a mere subterfuge adopted for the purpose of evading this chapter.

1. However, a retirement plan or benefit system shall not require the involuntary retirement of a person under the age of seventy because of that person’s age. This subsection does not prohibit the involuntary retirement of a person who has attained the age of sixty-five and has for the two prior years been employed in a bona fide executive or high policymaking position and who is entitled to an immediate, nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan of the employer which equals twenty-seven thousand dollars. This retirement benefit test may be adjusted according to the regulations prescribed by the United States secretary of labor pursuant to Pub. L. No. 95-256, section 3.

2. A health insurance program provided by an employer may exclude coverage of\n\nTue Dec 09 22:22:08 2025 Iowa Code 2026, Chapter 216 (47, 2) 15 OFFICE OF CIVIL RIGHTS, §216.15\n\nabortion, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.

3. An employee welfare plan may provide life, disability or health insurance benefits which vary by age based on actuarial differences if the employer contributes equally for all the participating employees or may provide for employer contributions differing by age if the benefits for all the participating employees do not vary by age. [C71, §105A.15; C73, §601A.15; C75, 77, §601A.12; C79, 81, §601A.13] 84 Acts, ch 1011, §1 C93, §216.13 2006 Acts, ch 1010, §65; 2018 Acts, ch 1026, §69 \n

Notes of Decisions
Cited in 2 cases, 2006–2008 · leading case: Weddum v. Davenport Cmty. Sch. Dist., 750 N.W.2d 114 (Iowa 2008).
Weddum v. Davenport Cmty. Sch. Dist., 750 N.W.2d 114 (Iowa 2008). “Iowa Code § 216.13 . The school district was entitled to a judgment in its favor as a matter of law.”
Waterman v. Nashua-Plainfield Cmty. Sch. Dist., 446 F. Supp. 2d 1018 (N.D. Iowa 2006). · cites it 2× “The parties do not discuss whether the exceptions for bona fide retirement plans set forth in Iowa Code § 216.13 or 29 U.S.C. § 623 (f)(2) would apply to any statutory law claim.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.