The right of any person to any future payment under this chapter is not transferable or
assignable, at law or in equity, and the moneys paid or payable or rights existing under this
chapter are not subject to execution, levy, attachment, garnishment, or other legal process,
or to the operation of any bankruptcy or insolvency law except for the purposes of enforcing
child, spousal, or medical support obligations or marital property orders, or for recovery of
medical assistance payments pursuant to section 249A.53. For the purposes of enforcing
child, spousal, or medical support obligations, the garnishment or attachment of or the
execution against compensation due a person under this chapter shall not exceed the amount
specified in 15 U.S.C. §1673(b). The system shall comply with the provisions of a marital
property order requiring the selection of a particular benefit option, designated beneficiary, or
contingent annuitant if the selection is otherwise authorized by this chapter and the member
has not received payment of the member’s first retirement allowance. However, a marital
\n
Tue Dec 09 22:29:18 2025 Iowa Code 2026, Chapter 97B (56, 1)
27 IOWA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (IPERS), §97B.42\n\nproperty order shall not require the payment of benefits to an alternative payee prior to the
member’s retirement, prior to the date the member elects to receive a lump sum distribution
of accumulated contributions pursuant to section 97B.53, or in an amount that exceeds the
benefits the member would otherwise be eligible to receive pursuant to this chapter.
[C46, 50, §97.43; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97B.39]
89 Acts, ch 228, §2; 92 Acts, ch 1195, §501; 96 Acts, ch 1187, §10; 2001 Acts, ch 68, §21, 24;
2003 Acts, ch 145, §286; 2012 Acts, ch 1133, §93
Referred to in §97B.51
\n
Notes of Decisions
In Re the Marriage of Brown, 776 N.W.2d 644 (Iowa 2009).
· cites it 4× “§ 414(p) (2006), Iowa Code § 97B.39, Iowa Admin. Code r. 495-16.”
In Re Marriage of Kurtt, 561 N.W.2d 385 (Iowa Ct. App. 1997).
· cites it 4× “1187, § 10 (codified at Iowa Code § 97B.39 (1997)). 2 III. Attorney Fees.”
United States v. Cunningham, 866 F. Supp. 2d 1050 (S.D. Iowa 2012).
· cites it 5× “Defendant specifically cites Iowa Code § 97B.39, a statute establishing an individual’s right to future payments from IPERS, which states in relevant part: The right of any person to any future payment under this chapter is not transferable or assignable, at law or in equity,…”
Faber v. Herman, 731 N.W.2d 1 (Iowa 2007).
· cites it 2× “doc (last visited March 27, 2007) [hereinafter Model QDRO ]; see also Iowa Code § 97B.39 (requiring, inter alia, that “[t]he system shall comply with the provisions of a marital property order requiring the selection of a particular benefit option, designated beneficiary, or…”
Matter of Carver, 116 B.R. 985 (Bankr. S.D. Iowa 1990).
· cites it 10× “They relied on the argument that the assets would not be property of the estate by operation of Iowa Code section 97B.39 or would be exempt from the estate by operation of that same section or section 627.”
In re the Marriage of Ankenbauer, 922 N.W.2d 104 (Iowa Ct. App. 2018).
· cites it 2× “We therefore modify the decree and remand with directions that a Qualified Domestic Relations Order (QDRO) shall be entered directing IPERS to pay a percentage of Martyn's benefits to Julie consistent with Iowa Code section 97B.39. See Faber v. Herman , 731 N.”
Steven J. Faber Vs. Douglas D. Herman (Iowa 2007).
· cites it 2× “doc (last visited March 27, 2007) [hereinafter Model QDRO]; see also Iowa Code § 97B.39 (requiring, inter alia, that “[t]he system shall comply with the provisions of a marital property order requiring the selection of a particular benefit option, designated beneficiary, or…”
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