JUDICIAL RETIREMENT SYSTEM

Iowa Code tit. XV, ch. 602, art. 9, pt. 1

in effect

Iowa Code § 602.9101 System created.

602.9101. System created. A retirement system is hereby created and established to be known as the “Judicial Retirement System”, hereinafter called the “system”. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.1] 83 Acts, ch 186, §10202(2)CS83, §602.9101

Iowa Code § 602.9102 Administered by court administrator.

602.9102. Administered by court administrator. The court administrator shall be vested with authority to administer the system and related reports and may promulgate rules therefor not inconsistent with the provisions of this article. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.2] 83 Acts, ch 186, §10202(2)CS83, §602.9102

Iowa Code § 602.9103

602.9103. Reserved.

Iowa Code § 602.9104 Deductions from judges’ salaries — contributions by state.

602.9104. Deductions from judges’ salaries — contributions by state. 1. a. A judge to whom this article applies shall be paid an amount equal to the basic salary of the judge as set by the general assembly reduced by an amount designated as the judge’s required contribution to the judicial retirement fund. The amount designated as the judge’s required contribution shall be paid by the state in the manner provided in subsection 2. b. The state shall contribute annually to the judicial retirement fund an amount equal to the state’s required contribution for all judges covered under this article. 2. The amount designated as the judge’s required contribution to the judicial retirement fund shall be paid by the department of administrative services from the general fund of the state to the court administrator for deposit with the treasurer of state to the credit of the judicial retirement fund. Moneys in the fund are appropriated for the payment of annuities, refunds, and allowances provided by this article, except that the amount of the appropriations affecting payment of annuities, refunds, and allowances to judges of the municipal and superior court is limited to that part of the fund accumulated for their benefit as provided in this article. The corpus and income of the fund shall be used only for the exclusive benefit of the judges covered under this article, their survivors, or an alternate payee who is assigned benefits pursuant to a domestic relations order. 3. A judge covered under this article is deemed to consent to the reduction in basic salary as provided in subsection 1. 4. Any change to the required contribution rate shall be shared between judges and the state in the same proportion as the required contribution rate. 5. As used in this section, unless the context otherwise requires: a. “Judge’s required contribution” means an amount equal to the basic salary of the judge multiplied by the percentage rate equal to thirty-five percent of the required contribution rate. b. “Required contribution rate” means that percentage of the basic salary of all judges covered under this article equal to the actuarially required contribution rate determined by the actuary pursuant to section 602.9116. The required contribution rate shall not vary by more than one percentage point from the required contribution rate for the prior fiscal year. c. “State’s required contribution” means an amount equal to the basic salary of all judges covered under this article multiplied by the percentage rate equal to sixty-five percent of the required contribution rate. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.4] 83 Acts, ch 186, §10202(2) CS83, §602.9104 86 Acts, ch 1243, §35; 91 Acts, ch 116, §16; 94 Acts, ch 1183, §82; 2000 Acts, ch 1077, §112 – 114; 2003 Acts, ch 145, §286; 2006 Acts, ch 1091, §12; 2008 Acts, ch 1171, §54, 552024 Acts, ch 1153, §8, 9

Iowa Code § 602.9104A Moneys deposited in the judicial retirement fund — limitations — intent.

602.9104A. Moneys deposited in the judicial retirement fund — limitations — intent. 1. As used in this section, unless the context otherwise requires, “court revenues” means any court costs, fees, fines, penalties, surcharges, forfeited bail, or similar charges collected by the court, or interest on such amounts. 2. Notwithstanding section 602.8105, 602.8106, or 631.6, or any other provision of law to the contrary, court revenues shall not be deposited in the judicial retirement fund established in section 602.9104. If a provision of law provides for the deposit of court revenues in the judicial retirement fund, those court revenues shall be deposited in the general fund. 3. The judicial retirement fund shall consist of the contributions specified in section 602.9104, as well as the corpus and income of the fund as provided in section 602.9104. 4. It is the intent of the general assembly that the judicial retirement system be funded from contributions based upon the basic salary of the judges covered by this article, rather than from court revenues. 94 Acts, ch 1183, §83

Iowa Code § 602.9105 Rollovers of judges’ accounts.

602.9105. Rollovers of judges’ accounts. 1. As used in this section, unless the context otherwise requires: a. “Direct rollover” means a payment by the system to the eligible retirement plan specified by the judge covered under this article or the judge’s surviving spouse. b. (1) “Eligible retirement plan” means either of the following that accepts an eligible rollover distribution from a judge covered by this article or a judge’s surviving spouse: (a) An individual retirement account in accordance with section 408(a) of the federal Internal Revenue Code. (b) An individual retirement annuity in accordance with section 408(b) of the federal Internal Revenue Code. (2) In addition, an “eligible retirement plan” includes an annuity plan in accordance with section 403(a) of the federal Internal Revenue Code, or a qualified trust in accordance with section 401(a) of the federal Internal Revenue Code, that accepts an eligible rollover distribution from a judge covered by this article. c. “Eligible rollover distribution” means all or any portion of a judge’s account, except that an eligible rollover distribution does not include any of the following: (1) A distribution that is one of a series of substantially equal periodic payments, which occur annually or more frequently, made for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee’s designated beneficiary, or made for a specified period of ten years or more. (2) A distribution to the extent that the distribution is required pursuant to section 401(a)(9) of the federal Internal Revenue Code. (3) The portion of any distribution that is not includible in the gross income of the distributee, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities. (4) A distribution of less than two hundred dollars of taxable income. 2. Effective January 1, 1993, a judge covered by this article or a judge’s surviving spouse may elect, at the time and in the manner prescribed by the state court administrator, to have the system pay all or a portion of an eligible rollover distribution directly to an eligible retirement plan, specified by the judge or the judge’s surviving spouse, in a direct rollover. If a judge or a judge’s surviving spouse elects a partial direct rollover, the amount of funds elected for the partial direct rollover must equal or exceed five hundred dollars. 94 Acts, ch 1183, §84; 2013 Acts, ch 30, §261

Iowa Code § 602.9106 Retirement.

602.9106. Retirement. Any person who shall have become separated from service as a judge of any of the courts included in this article and who has had an aggregate of at least four years of service as a judge of one or more of such courts and shall have attained the age of sixty-five years or who has had twenty years of consecutive service as a judge of one or more of said courts and shall have attained the age of fifty years, and who shall have otherwise qualified as provided in this article, shall be entitled to an annuity as provided in this article. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.6] 83 Acts, ch 186, §10202(2) CS83, §602.9106 2006 Acts, ch 1091, §13; 2020 Acts, ch 1063, §322

Iowa Code § 602.9107 Amount of annuity.

602.9107. Amount of annuity. 1. a. The annual annuity of a judge under this system is an amount equal to three and one-fourth percent of the judge’s average annual basic salary for the judge’s highest three years as a judge of one or more of the courts included in this article, multiplied by the judge’s years of service as a judge of one or more of the courts for which contributions were made to the system. However, an annual annuity shall not exceed an amount equal to a specified percentage of the highest basic annual salary which the judge is receiving or had received as of the time the judge became separated from service. Forfeitures shall not be used to increase the annuities a judge or survivor would otherwise receive under the system. b. “Specified percentage”, for purposes of this section, means as follows: (1) For judges who retire and receive an annuity prior to July 1, 1998, the specified percentage shall be fifty percent. (2) For judges who retire and receive an annuity on or after July 1, 1998, but before July 1, 2000, the specified percentage shall be fifty-two percent. (3) For judges who retire and receive an annuity on or after July 1, 2000, but before July 1, 2001, the specified percentage shall be fifty-six percent. (4) For judges who retire and receive an annuity on or after July 1, 2001, but before July 1, 2006, the specified percentage shall be sixty percent. (5) For judges who retire and receive an annuity on or after July 1, 2006, the specified percentage shall be sixty-five percent. 2. a. A judge shall not receive under this article in any calendar year an annuity benefit which, if received in the form of a straight life annuity with no ancillary benefits, exceeds the lesser of the following: (1) A dollar limitation of ninety thousand dollars adjusted each January 1 to the dollar limitation determined by the federal commissioner of internal revenue pursuant to section 415(d) of the United States Internal Revenue Code, as amended. (2) A compensation limit of one hundred percent of the average compensation paid to the judge during those three consecutive calendar years as a judge of one or more of the courts included in this article which give the highest average. b. The limitations of this subsection do not apply to an annuity benefit which is less than ten thousand dollars. 3. a. The limitations in subsection 2 shall be adjusted as follows: (1) If the annuity begins prior to the sixty-second birthday of the judge, the dollar limitation shall be equal to an annual annuity benefit which is equal to the actuarial equivalent of an annuity benefit commencing on the sixty-second birthday of the judge, but not below seventy-five thousand dollars. (2) If the annuity begins after the sixty-fifth birthday of the judge, the dollar limitation shall be equal to an annual annuity benefit which is the actuarial equivalent of an annuity benefit commencing on the sixty-fifth birthday of the judge. (3) If the annuity begins prior to the judge having ten years of creditable service, the dollar limitation, the one hundred percent of average compensation limitation, and the exception for an annuity benefit which is less than ten thousand dollars, shall be reduced by a fraction, the numerator of which is the total years and months of creditable service, and the denominator of which is ten. b. For purposes of the limitations of this subsection, the actuarial equivalent shall be determined from actuarial tables using the 1983 group annuity table for males and five percent interest compounded annually. The value of the joint and survivorship feature of an annuity shall not be taken into account in applying the limitations of this section. 4. This section is intended to meet the requirements of section 415 of the United States Internal Revenue Code and shall be construed in accordance with that section, and shall, by this reference, incorporate any subsequent changes to that section which apply to the judicial retirement system. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.7] 83 Acts, ch 186, §10202(2) CS83, §602.9107 86 Acts, ch 1243, §36; 98 Acts, ch 1183, §101; 2000 Acts, ch 1077, §115; 2002 Acts, ch 1135, §54; 2006 Acts, ch 1091, §14 – 16; 2013 Acts, ch 30, §261

Iowa Code § 602.9107B Minimum annuity benefit.

602.9107B. Minimum annuity benefit. A judge, or a survivor of a judge, who retired before July 1, 1977, and who is receiving an annuity pursuant to this article, shall, commencing with an annuity paid on or after July 1, 1998, be paid a minimum monthly annuity payment of five hundred dollars. 98 Acts, ch 1183, §102

Iowa Code § 602.9107C Iowa public employees’ retirement system — service credit.

602.9107C. Iowa public employees’ retirement system — service credit. 1. A judge under this system who has at least four years of service as a judge of any of the courts included in this article and who was a member of the Iowa public employees’ retirement system as provided in chapter 97B, but who was not retired under that system, upon submitting verification of membership and service in the Iowa public employees’ retirement system to the court administrator, including proof that the judge has no further claim upon a retirement benefit from that public system, may make contributions as provided by this section to the system either for the entire period of service in the other public system, or for partial service in the other public system in increments of one or more calendar quarters, and receive credit for that service under the system. 2. The contributions required to be made for purposes of this section shall be in an amount equal to the actuarial cost of the service purchase. For purposes of this subsection, the actuarial cost of the service purchase is an amount determined by the court administrator in accordance with actuarial tables, as reported to the court administrator by the system’s actuary, which reflects the actuarial cost necessary to fund an increased retirement annuity resulting from the purchase of additional service. 3. A judge eligible for an increased retirement annuity because of the payment of contributions under this section is entitled to receipt of retroactive adjustment payments for no more than six months immediately preceding the month in which the judge pays contributions under this section. 4. The court administrator shall ensure that the judge, in exercising an option provided in this section, does not exceed the amount of annual additions to a judge’s account permitted pursuant to section 415 of the Internal Revenue Code. 2002 Acts, ch 1135, §55; 2006 Acts, ch 1091, §17

Iowa Code § 602.9108 Individual accounts — refunding.

602.9108. Individual accounts — refunding. The amount designated as the judge’s contribution to the judicial retirement fund in section 602.9104 and all amounts paid into the fund by a judge shall be credited to the individual account of the judge. If a judge covered under this article becomes separated from service as a judge before the judge completes an aggregate of four years of service as a judge of one or more of the courts, the total amount in the judge’s individual account shall be returned to the judge or the judge’s legal representatives within one year of the separation. If a judge, who is covered under this article and who has completed an aggregate of four years or more of service as a judge of one or more of the courts, dies before retirement, without a survivor, the total amount in the judge’s individual account shall be paid in one sum to the judge’s legal representatives within one year of the judge’s death. If an annuitant under this section dies without a survivor, and without having received in annuities an amount equal to the total amount in the judge’s individual account at the time of separation from service, the amount remaining to the annuitant’s credit shall be paid in one sum to the annuitant’s legal representatives within one year of the annuitant’s death. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.8] 83 Acts, ch 186, §10202(2)CS83, §602.910886 Acts, ch 1243, §37; 2006 Acts, ch 1091, §18

Iowa Code § 602.9109 Payment of annuities.

602.9109. Payment of annuities. Annuities granted under the terms of this article are due and payable in monthly installments on the last business day of each month following the month or other period for which the annuity has accrued and shall continue during the life of the annuitant; and payment of all annuities, refunds, and allowances granted under this article shall be made by checks or warrants drawn and issued by the director of the department of administrative services. Applications for annuities shall be in such form as the director of the department of administrative services may prescribe. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.9] 83 Acts, ch 186, §10202(2)CS83, §602.910985 Acts, ch 197, §28; 89 Acts, ch 228, §8; 2003 Acts, ch 145, §286

Iowa Code § 602.9110 Other public employment prohibited.

602.9110. Other public employment prohibited. An annuity shall not be paid to any person, except a survivor, entitled to receive an annuity under this article while the person is serving as a state officer or employee. However, this section does not prohibit the payment of an annuity to a senior judge while serving as provided in section 602.9206. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.10] 83 Acts, ch 186, §10202(2)CS83, §602.9110 2019 Acts, ch 59, §198

Iowa Code § 602.9111 Investment of fund.

602.9111. Investment of fund. 1. So much of the judicial retirement fund as may not be necessary to be kept on hand for the making of disbursements under this article shall be invested by the treasurer of state in any investments authorized for the Iowa public employees’ retirement system in section 97B.7A and subject to the requirements of chapters 12F, 12H, 12J, and 12K, and the earnings therefrom shall be credited to the fund. The treasurer of state may execute contracts and agreements with investment advisors, consultants, and investment management and benefit consultant firms in the administration of the judicial retirement fund. 2. Investment management expenses shall be charged to the investment income of the fund and there is appropriated from the fund an amount required for the investment management expenses. The court administrator shall report the investment management expenses for the fiscal year as a percent of the market value of the system. 3. For purposes of this section, investment management expenses are limited to the following: a. Fees for investment advisors, consultants, and investment management and benefit consultant firms hired by the treasurer of state in administering the fund. b. Fees and costs for safekeeping fund assets. c. Costs for performance and compliance monitoring, and accounting for fund investments. d. Any other costs necessary to prudently invest or protect the assets of the fund. 4. The state court administrator and the treasurer of state, and their employees, are not personally liable for claims based upon an act or omission of the person performed in the discharge of the person’s duties concerning the judicial retirement fund, except for acts or omissions which involve malicious or wanton misconduct. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §605A.11] 83 Acts, ch 186, §10202(2) CS83, §602.9111 84 Acts, ch 1180, §10; 96 Acts, ch 1187, §109; 2001 Acts, ch 68, §18, 24; 2007 Acts, ch 39, §13; 2011 Acts, ch 82, §13; 2017 Acts, ch 29, §159; 2023 Acts, ch 58, §14

Iowa Code § 602.9112 Voluntary retirement for disability.

602.9112. Voluntary retirement for disability. Any judge of the supreme, district or municipal court, including a district associate judge, or a judge of the court of appeals, who shall have served as a judge of one or more of such courts for a period of four years in the aggregate and who believes the judge has become permanently incapacitated, physically or mentally, to perform the duties of the judge’s office may personally or by the judge’s next friend or guardian file with the court administrator a written application for retirement. The application shall be filed in duplicate and accompanied by an affidavit as to the duration and particulars of the judge’s service and the nature of the judge’s incapacity. The court administrator shall forthwith transmit one copy of the application and affidavit to the chief justice who shall request the attorney general in writing to cause an investigation to be made relative to the claimed incapacity and report back the results thereof in writing. If the chief justice finds from the report of the attorney general that the applicant is permanently incapacitated, physically or mentally, to perform the duties of the applicant’s office the chief justice shall by endorsement thereon declare the applicant retired, and the office vacant, and shall file the report in the office of the court administrator, and a copy in the office of the secretary of state. From the date of such filing the applicant shall be deemed retired from the applicant’s office and entitled to the benefits of this article to the same extent as if the applicant had retired under the provisions of section 602.9106. [C66, 71, 73, 75, 77, 79, 81, §605A.12] 83 Acts, ch 186, §10202(2)CS83, §602.91122006 Acts, ch 1091, §19

Iowa Code § 602.9113 Retirement benefits for disability.

602.9113. Retirement benefits for disability. An adjudication as to permanent physical or mental disability under the provisions of article 2, part 1 shall entitle the judge to the same retirement benefits as provided for voluntary retirement for such cause. [C66, 71, 73, 75, 77, 79, 81, §605A.13] 83 Acts, ch 186, §10202(2)CS83, §602.9113

Iowa Code § 602.9114 Forfeiture of benefits — refund.

602.9114. Forfeiture of benefits — refund. If a judge covered under this part is removed for cause other than permanent disability the judge and the judge’s survivor shall forfeit the right to any retirement benefits under the system but the total amount in the judge’s individual account shall be returned to the judge or the judge’s legal representatives within one year of the removal. [C66, 71, 73, 75, 77, 79, 81, §605A.14] 83 Acts, ch 186, §10202(2)CS83, §602.911486 Acts, ch 1243, §38

Iowa Code § 602.9115 Annuity for survivor of annuitant.

602.9115. Annuity for survivor of annuitant. 1. For the purposes of this article, “survivor” means the surviving spouse of a person who was a judge, if married to the judge for at least one year preceding the judge’s death. 2. The survivor of a judge who was qualified for retirement compensation under the system at the time of the judge’s death, is entitled to receive an annuity of one-half of the amount of the annuity the judge was receiving or would have been entitled to receive at the time of the judge’s death, or if the judge died before age sixty-five, then one-half of the amount the judge would have been entitled to receive at age sixty-five based on the judge’s years of service for which contributions were made to the system. The annuity shall begin on the judge’s death or upon the survivor’s reaching age sixty, whichever is later. However, a survivor less than sixty years old may elect to receive a decreased retirement annuity to begin on the judge’s death by filing a written election with the state court administrator. The election is subject to the approval of the state court administrator. The amount of the decreased retirement annuity shall be the actuarial equivalent of the amount of the annuity otherwise payable to the survivor under this section. 3. If the judge dies leaving a survivor but without receiving in annuities an amount equal to the judge’s credit, the balance shall be credited to the account of the judge’s survivor, and if the survivor dies without receiving in annuities an amount equal to the balance, the amount remaining shall be paid to the survivor’s legal representatives within one year of the survivor’s death. [C73, 75, 77, 79, 81, §605A.15] 83 Acts, ch 186, §10202(2) CS83, §602.9115 84 Acts, ch 1285, §29; 86 Acts, ch 1243, §39; 2015 Acts, ch 29, §114; 2016 Acts, ch 1011, §110

Iowa Code § 602.9115A Optional annuity for judge and survivor.

602.9115A. Optional annuity for judge and survivor. 1. In lieu of the annuities and refunds provided for judges and judges’ survivors under sections 602.9107, 602.9108, 602.9115, 602.9204, 602.9208, and 602.9209, judges may elect to receive an optional retirement annuity during the judge’s lifetime and have the optional retirement annuity, or a designated fraction of the optional retirement annuity, continued and paid to the judge’s survivor after the judge’s death and during the lifetime of the survivor. 2. The judge shall make the election request in writing to the state court administrator prior to retirement. The election is subject to the approval of the state court administrator. The judge may revoke the election prior to retirement by written request to the state court administrator, but cannot revoke the election after retirement. 3. The optional retirement annuity shall be the actuarial equivalent of the amounts of the annuities payable to judges and survivors under sections 602.9107, 602.9115, 602.9204, 602.9208, and 602.9209. The actuarial equivalent shall be based on the mortality and interest assumptions set out in section 602.9107, subsection 3. 4. a. If the judge dies without a survivor, prior to retirement or prior to receipt in annuities of an amount equal to the total amount remaining to the judge’s credit at the time of separation from service, the election is null and void and the refunding provisions of section 602.9108 apply. b. If the judge dies with a survivor prior to retirement, the election remains valid and the survivor is entitled to receive the annuity beginning at the death of the judge. c. If the judge dies with a survivor and the survivor subsequently dies prior to receipt in annuities by both the judge and the survivor of an amount equal to the total amount remaining to the judge’s credit at the time of separation from service, the election remains valid and the refunding provision of section 602.9115 applies. 86 Acts, ch 1243, §40; 92 Acts, ch 1236, §402, 403; 2006 Acts, ch 1091, §20; 2015 Acts, ch 29, §105

Iowa Code § 602.9116 Actuarial valuation.

602.9116. Actuarial valuation. 1. The court administrator shall cause an actuarial valuation to be made of the assets and liabilities of the judicial retirement fund at least once every four years commencing with the fiscal year beginning July 1, 1981. For each fiscal year in which an actuarial valuation is not conducted, the court administrator shall cause an annual actuarial update to be prepared for the purpose of determining the adequacy of the contribution rates specified in section 602.9104. The court administrator shall adopt actuarial methods and assumptions, mortality tables, and other necessary factors for use in the actuarial calculations required for the valuation upon the recommendation of the actuary. In addition, effective with the fiscal year beginning July 1, 2008, the actuarial valuation or actuarial update required to be conducted shall include information as required by section 97D.5. Following the actuarial valuation or annual actuarial update, the court administrator shall determine the condition of the system, determine the actuarially required contribution rate for each fiscal year which is the rate required by the system to discharge its liabilities, stated as a percentage of the basic salary of all judges covered under this article, and shall report any findings and recommendations to the general assembly. 2. The cost of the actuarial valuation or annual actuarial update shall be paid from the judicial retirement fund. 3. The court administrator shall submit to the general assembly a copy of each actuarial valuation and annual actuarial update. [C81, §605A.18] 83 Acts, ch 186, §10202(2) CS83, §602.9116 94 Acts, ch 1183, §85; 2006 Acts, ch 1091, §21; 2007 Acts, ch 22, §102; 2008 Acts, ch 1171, §56; 2022 Acts, ch 1145, §10

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=602&year=2026Fetched: 10/20/2026