Iowa Code

Iowa Code § 97B.49 (2026)

Dormant accounts

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. In the event that all, or any portion, of a retirement allowance, death benefit, or other distribution payable to a member or a member’s designated beneficiary, heirs at law, or estate, remains unpaid solely by reason of the inability of the system to locate the appropriate payee, the amount payable shall not be forfeited but shall be treated as a dormant account after the time for making a claim has run. 2. A dormant account shall revert to the retirement fund created in section 97B.7. A\n\nTue Dec 09 22:29:18 2025 Iowa Code 2026, Chapter 97B (56, 1) 37 IOWA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (IPERS), §97B.49A\n\ndormant account shall be non-interest-bearing, and except for keeping a record of such account, the system shall not maintain the account. A member who has a dormant account and returns to covered employment shall have their dormant account reactivated as of the quarter they return to covered employment. If the appropriate payee contacts the system after the amount payable is treated as a dormant account, the appropriate payee may claim such amounts by filing a withdrawal application provided by the system. The system shall have rulemaking authority to adopt rules necessary to implement this section in a just and equitable manner. 3. The system shall ensure that the payment of a dormant account as provided in this section meets the requirements of section 401(a)(9) of the federal Internal Revenue Code. 2004 Acts, ch 1103, §30

\n
Notes of Decisions
Cited in 6 cases, 1956–2006 · leading case: Hawkins v. Preisser, 264 N.W.2d 726 (Iowa 1978).
Hawkins v. Preisser, 264 N.W.2d 726 (Iowa 1978). · cites it 4× “A member remaining in service past his seventy-second birthday shall be entitled to receive a retirement allowance under subsections 2 and 3 of section 97B.49 commencing with payment for the calendar month within which the written notice is submitted to the commission, except…”
Thoms v. Iowa Pub. Employees' Ret. Sys., 715 N.W.2d 7 (Iowa 2006). · cites it 2× “49A(3) (2001); Iowa Code § 97B.49(5)(fc) (1995). Thoms also wanted to use a figure of approximately $100,000 for his three-year average covered wage, not the $35,666 average wage used by IPERS.”
Byers v. Iowa Emp. Sec. Comm'n, 76 N.W.2d 892 (Iowa 1956). · cites it 12× “They concede that the method by which benefits shall be paid to members is set forth in section 97B.49. While the legislature might well have said “in the same manner as members” or “as provided- by section 97B.”
Mathis v. State Conservation Comm'n, 369 N.W.2d 435 (Iowa 1985). · cites it 4× “The employees claim that the agency action was illegal and without reasonable cause, pointing out that the agency action caused them to lose the additional retirement benefits accorded a full-time officer under Iowa Code section 97B.49(7) (1983). On judicial review the district…”
In Re the Marriage of Johnston, 492 N.W.2d 206 (Iowa Ct. App. 1992). · cites it 2× “Section 97B.49, Iowa Code. The present value of this interest, discounted for contingencies that might prevent receipt of benefits, undoubtedly far exceeds Petitioner’s vested contributions .”
Allan T. Thoms Vs. Iowa Pub. Employees' Ret. Sys. & Emp. Appeal Bd. (Iowa 2006). · cites it 2× “49A(3) (2001); Iowa Code § 97B.49(5)(b) (1995). Thoms also wanted to use a figure of approximately $100,000 for his three-year average covered wage, not the $35,666 average wage used by IPERS.”
— Iowa Code § 97B.49(5)(b) — 1 case
Allan T. Thoms Vs. Iowa Pub. Employees' Ret. Sys. & Emp. Appeal Bd. (Iowa 2006). “49A(3) (2001); Iowa Code § 97B.49(5)(b) (1995). Thoms also wanted to use a figure of approximately $100,000 for his three-year average covered wage, not the $35,666 average wage used by IPERS.”
— Iowa Code § 97B.49(5)(fc) — 1 case
Thoms v. Iowa Pub. Employees' Ret. Sys., 715 N.W.2d 7 (Iowa 2006). “49A(3) (2001); Iowa Code § 97B.49(5)(fc) (1995). Thoms also wanted to use a figure of approximately $100,000 for his three-year average covered wage, not the $35,666 average wage used by IPERS.”
— Iowa Code § 97B.49(7) — 1 case
Mathis v. State Conservation Comm'n, 369 N.W.2d 435 (Iowa 1985). “The employees claim that the agency action was illegal and without reasonable cause, pointing out that the agency action caused them to lose the additional retirement benefits accorded a full-time officer under Iowa Code section 97B.49(7) (1983). On judicial review the district…”
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.