1. A member who is not an active member of any other retirement system in the state which is maintained in whole or in part by public contributions may remain in service beyond the date the member attains the age of sixty-five. The employer shall not consider age as a factor in determining the continuation of the member’s service.
2. A member remaining in service after attaining the age of seventy years is entitled to receive a retirement allowance under sections 97B.49A through 97B.49H, as applicable, without terminating employment. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97B.46] 87 Acts, ch 19, §5; 88 Acts, ch 1242, §33, 34; 94 Acts, ch 1183, §28; 98 Acts, ch 1183, §28, 29; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286; 2004 Acts, ch 1103, §24 Referred to in §97B.42, 602.1610 \n
Notes of Decisions
Hawkins v. Preisser, 264 N.W.2d 726 (Iowa 1978).
· cites it 24× “A member [of the Iowa Public Employees' Retirement System] may retire after his sixty-fifth birthday except as otherwise provided in section 97B.46. A member retiring after his normal retirement date, as provided in section 97B.”
Smith v. Newell, 117 N.W.2d 883 (Iowa 1962).
· cites it 30× “* * * A member shall retire from the employment of the employer no later than the first day of the month coinciding with or next following the date he attains the age of seventy, except as otherwise provided in section 97B.46 following." "97B.46 Service after age seventy.”
Stith v. Civil Serv. Com'n of Des Moines, 159 N.W.2d 806 (Iowa 1968).
· cites it 4× “Section 97B.46, Code of Iowa, 1966, has been amended by the 62nd General Assembly, but the changes are not material here.”
DeShon v. Bettendorf Cmty. Sch. Dist., 284 N.W.2d 329 (Iowa 1979).
· cites it 2× “45, The Code 1977 (the Iowa Public Employee’s Retirement System chapter), which states that a member’s normal retirement age shall be 65 years, and further provides that “notwithstanding the provisions of this section and section 97B.46, an employer may adopt policies which…”
— Iowa Code § 97B.46(3) — 1 case
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