Iowa Administrative Code
Agency 495 - IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Chapter 21 - MERGERS
Rule 495-21.2 - Mandatory merger criteria
Universal Citation: IA Admin Code 495-21.2
Current through Register Vol. 46, No. 19, March 20, 2024
(1) General. Mergers shall meet the following criteria:
a. There shall be no actuarial gain or loss
to IPERS (defined as a change in the unfunded accrued actuarial liability) as a
result of a merger with another pension plan.
b. The merging plan shall defend and hold
IPERS harmless from any claims by transferred members with respect to employee
contribution accounts, cut-back claims, tax issues, and any other cause of
action arising hereunder that does not result from IPERS' negligence or
misconduct. This indemnification shall also extend to any contractual claims by
the merging plan's vendors, pending or threatened lawsuits or regulatory
actions against the merging plan, and appeals by members, retired members and
beneficiaries of the merging plan.
c. Prior to the merger date, the merging plan
authority and IPERS shall formally agree on all material terms and conditions
of the merger in writing.
d. The
merging plan authority shall adopt by resolution a proposal to merge the
pension plan with and into the IPERS pension plan, with IPERS as the surviving
plan, which shall incorporate by reference the details of the merger expressed
in the merger agreement between the merging plan and IPERS. The merging plan
authority shall secure all other approvals necessary to the merger, and shall
certify to IPERS that all necessary authorizations have been
received.
e. All assets required to
fund the transfer of liabilities created under the merger shall be transferred
to IPERS within 120 days after the proposed effective date, plus an additional
amount representing a 7.5 percent interest rate (or the current rate assumed by
IPERS' actuary in valuing assets and liabilities) commencing on the proposed
effective date.
f. After the
merger, the merging plan authority, as a covered employer, shall determine
employee classifications and deduct and forward member and employer
contributions in the same amount as required for all IPERS covered
employment.
g. The merging plan
authority shall transfer to IPERS in a mutually agreed upon method all
employment records for active, inactive, and retired members and beneficiaries,
including all tax reporting records. In addition to employment and tax
reporting records, transferred electronic files shall include the same
enrollment information as required for IPERS covered employers' new employees.
Similar demographic information shall be provided to IPERS for spouses and
beneficiaries.
h. The merging plan
shall, prior to merger, in its sole discretion, make such amendments to its
plan documents that it deems to be necessary or appropriate to accomplish the
merger, provided that no such amendments shall vary the terms of the agreement
to merge without the express written consent of IPERS.
i. IPERS shall, prior to merger, in its sole
discretion, make such amendments to its plan documents that it deems to be
necessary or appropriate to accomplish the merger, provided that no such
amendments shall vary the terms of the agreement to merge without the express
written consent of the merging plan.
j. The transferred records of the merging
plan shall be treated as confidential records by IPERS as described in Iowa
Code section
97B.17.
k. The merging plan authority and its legal
and actuarial advisors shall determine the excess accruals, if any, owed to any
member of the merging plan transferred to IPERS; shall provide such members
with the appropriate election forms and related information; and shall take all
steps necessary to complete the payment of compensation to such individuals in
satisfaction of the obligation to protect accrued benefits under the merging
plan as described above.
l.
Excluding matters relating to the distribution of excess accruals, if any, the
merging plan authority, its legal counsel, and IPERS and its legal counsel
shall jointly develop all required communications regarding the plan merger
IPERS shall have sole responsibility for providing benefits estimates to the
merging plan members, in anticipation of the merger Following the effective
date of the merger, all member services shall be handled by IPERS.
m. Following the merger, transferred active,
inactive, and retired members and beneficiaries shall be entitled to benefits,
including monthly allowances, refunds, actuarial equivalent (AE), death
benefits and dividends as other IPERS members having the same demographic, wage
and service records.
n. The members
of the merging plan who currently have binding assignments against their
benefits shall continue to have those assignments administered by IPERS as
described in 495-Chapter 16 or as otherwise required by law.
o. The members of the merging plan currently
receiving disability retirement benefits must agree to have their disability
retirement benefits administered by IPERS as described under 495-Chapter 13, or
those members shall not be transferred.
p. The merging plan and IPERS shall jointly
agree whether the merger will be submitted to the IRS for approval.
(2) Reserved.
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