ARC 0674D

ARC 0674D

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Proposing rulemaking related to peace officers’ retirement, accident and disability system—governance and administration and providing an opportunity for public comment

    The Department of Public Safety hereby proposes to rescind Chapter 400, “Peace Officers’ Retirement, Accident, and Disability System—Governance and Administration,” Iowa Administrative Code, and to adopt a new Chapter 400 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 97A.5 and Executive Order 10.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 97A.

Purpose and Summary

    Pursuant to Executive Order 10, the Board of Trustees of the Public Safety Peace Officers’ Retirement, Accident, and Disability System (PORS) proposes to rescind Chapter 400 and adopt a new chapter in lieu thereof. The purpose of this proposed chapter is to outline the governance and administration for the PORS established by Iowa Code chapter 97A. 

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 2, 2026. A public hearing was held on the following date(s):

     ?   September 24, 2026

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on November 18, 2026. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 661—Chapter 400 and adopt the following new chapter in lieu thereof:

CHAPTER 400

PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY
SYSTEM—GOVERNANCE AND ADMINISTRATION

661—400.1(97A) Establishment of system. The department of public safety peace officers’ retirement, accident, and disability system is established by Iowa Code chapter 97A. The administrative rules governing the system are found in this chapter and in 661—Chapters 401 through 403.

661—400.2(97A) Definitions. The following definitions apply to 661—Chapters 400 through 403.

    “Active member,” “actively engaged member” or “member in service” means a currently employed peace officer of the department of public safety who is not reemployed pursuant to Iowa Code section 97A.3(3).

    “Board” means the board of trustees of the system.

    “Commissioner” means the commissioner of the department of public safety who also serves as the chairperson of the board of trustees.

    “Department” means the Iowa department of public safety.

    “Line-of-duty death” means the death of a member in service that was the direct and proximate result of a traumatic personal injury incurred in the line of duty. “Line-of-duty death” does not include the death of a member that resulted from stress; strain; occupational illness; or a chronic, progressive, or congenital illness, including but not limited to a disease of the heart, lungs, or respiratory system, unless a traumatic personal injury was a substantial contributing factor to the member’s death. “Line-of-duty death” does not include the death of a member if the death results in eligibility for payment of a line-of-duty death benefit pursuant to Iowa Code section 100B.11 and 661—Chapter 291.

    “Medical attention” means services provided by licensed medical personnel including but not limited to office, hospital, in-home nursing care, nursing home care, long-term care and prescriptions for medicine or equipment.

    “Medical board” means a board of three physicians appointed by the board of trustees pursuant to Iowa Code section 97A.5(8).

    “Retired member” means a person formerly employed as a peace officer of the department who is currently receiving or has received pension benefits from the system.

    “Secretary” means an employee of the administrative services division of the department designated by the division director to provide staff support to the board.

    “System” or “peace officers’ retirement system” means the department’s peace officers’ retirement, accident, and disability system.

661—400.3(97A) Governance. The system is governed by a board of trustees appointed and elected as provided in Iowa Code section 97A.5(1).

    400.3(1) Terms of office. Terms of office of members of the board of trustees are as follows:

    a.  The commissioner of public safety shall serve a term that is concurrent with appointment as commissioner of public safety.

    b.  The treasurer of state shall serve a term that is concurrent with the term of treasurer of state.

    c.  The actively engaged member of the system shall serve a two-year term commencing on July 1 of an odd-numbered year and terminating on June 30 of the next odd-numbered year.

    d.  The retired member of the system shall serve a two-year term commencing on July 1 of an even-numbered year and terminating on June 30 of the next even-numbered year.

    e.  The member appointed by the governor shall serve a two-year term commencing on May 1 of the year of appointment and terminating on April 30 in the year of expiration.

    400.3(2) Election of board members.

    a.  The actively engaged member shall be elected by secret ballot of the actively engaged members of the system. The retired member shall be elected by secret ballot of the retired members of the system. The actively engaged member shall be elected in odd-numbered years, and the retired member shall be elected in even-numbered years.

    b.  At least 90 days prior to the start of the term of office for the actively engaged member or the retired member, the secretary shall distribute a write-in nomination ballot to each member of the system who is eligible to vote. The deadline for return of the ballots shall be established by the secretary at no less than 30 days nor more than 35 days after the date of distribution of the ballots and shall be printed on each ballot. In order to record a nomination, a member shall return the nomination ballot with a postmark or by personal delivery prior to the deadline specified on the ballot, filled in with the name of the member whom the member casting the ballot wishes to nominate.

    c.  The secretary shall contact each of the nominees who receive the three highest numbers of nominations to determine if each nominee is willing to serve if elected. For each nominee contacted who is unwilling to serve, the secretary shall contact the next nominee in descending order of nominations until three nominees willing to serve are identified.

    d.  The names of those three eligible members willing to serve if elected who receive the highest number of write-in nominations shall be placed on an election ballot.

    e.  The secretary shall distribute election ballots to the members of the system who are eligible to vote. The deadline for return of the ballots shall be established by the secretary at no less than 30 days nor more than 35 days after the date of distribution of the ballots and shall be printed on each ballot. Any eligible member who receives a ballot and wishes to vote shall return the ballot to the secretary with a postmark or by personal delivery prior to the deadline printed on the ballot with a choice of one of the three candidates listed indicated. The candidate who receives the highest number of votes shall serve as the actively engaged member or the retired member of the system on the board of trustees.

    f.  In the event that two of the three candidates tie with the highest number of votes, a new election ballot with the names of the two candidates who tied shall be distributed by regular mail by the secretary to all members who are eligible to vote. The deadline for return of the ballots shall be established by the secretary at no less than 30 days nor more than 35 days after the date of distribution of the ballots and shall be printed on each ballot. Any eligible member who wishes to vote shall return the ballot to the secretary prior to the deadline with the member’s preference indicated. The candidate who receives the highest number of votes shall serve as the actively engaged member or the retired member on the board of trustees.

    g.  In the event that all three candidates receive the same number of votes in the initial election balloting or that the two remaining candidates receive the same number of votes in an election held to break a tie between two candidates, the selection of the board member shall be determined by drawing of lots under the supervision of the commissioner of public safety, acting as chairperson of the board of trustees.

    400.3(3) Vacancies. A vacancy in a position held by an elected member shall be filled in the same manner as the original election, and the newly elected member shall serve for the balance of the original term for the position filled.

661—400.4(97A) Meetings of board of trustees. The board of trustees shall meet at least quarterly or upon the call of the chairperson. A quorum of the board shall consist of three members. For purposes of a quorum or for voting, a member may participate in person, by audio conference or by videoconference.

661—400.5(97A) Forms and information. Persons who wish to obtain forms or information about the peace officers’ retirement, accident, and disability system shall address requests to: Peace Officers’ Retirement System, Iowa Department of Public Safety, State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, [email protected]

661—400.6(97A) Annual statements.

    400.6(1) As soon as practical after the close of each fiscal year, a statement of account shall be furnished to each actively engaged member, which shall include the member’s contribution for the year.

    400.6(2) As soon as practical after the end of a calendar year, and in any event within any deadlines for this purpose established by the Internal Revenue Service or the Iowa department of revenue, a Form 1099 or an equivalent shall be prepared for and mailed to each person who received benefits during the year. The form shall detail the total pension paid during the year and shall comply with any applicable requirements established by the Internal Revenue Service and the Iowa department of revenue.

661—400.7(97A) Investments. Investments of assets of the system shall be administered through the office of the treasurer of state. The board of trustees has the authority to direct the investment of funds, including but not limited to the execution of contracts with appropriately qualified individuals or firms to provide advice regarding investments.

661—400.8(97A) Medical board.

    400.8(1) The medical board shall consist of three physicians, including at least one occupational medicine specialist, with the knowledge and experience to adequately evaluate the fitness for duty of a peace officer.

    400.8(2) The board of trustees shall ratify the composition of the medical board and all subsequent changes to the composition of the medical board. The board of trustees may review the composition of the medical board at any time.

These rules are intended to implement Iowa Code chapter 97A.