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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.09/00
STATE OF IOWA
DEATH BENEFITS
To obtain certified copies of registered documents, contact Vital Records Section, Lucas
State Office Building, Des Moines, IA 50319, phone (515) 281-4944.
STATE DEATH BENEFITS
The Iowa Public Employee Retirement System will pay a lump sum of $100,000 when the
death of any member is deemed to be a direct and proximate result of a traumatic personal
injury incurred in the line of duty. This payment will not affect pension benefits.
A line of duty death benefit shall not be payable if the death 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; if the death was caused by the intentional
misconduct of the member or by the member's intent to cause the member's own death; if the
member was voluntarily intoxicated at the time of death; if the member was performing the
member's duties in a grossly negligent manner at the time of death; if an individual who would
otherwise be entitled to a benefit was, through the individual's actions, a substantial
contributing factor to the member's death.
PENSION BENEFITS
Municipal Fire and Police Retirement System of Iowa
Ordinary Death Benefit - Paid to the designated beneficiary, after one year of service, for
death from causes not sustained in the line of duty, a lump sum equal to 50% of the earnable
compensation during the year preceding death or during the last year of service if the deceased
member was terminated vested.
Alternately, in lieu of the lump sum benefit, to the surviving spouse, guardian of children, or
dependent parents, (a) a pension equal to 40% of average final compensation but not less than
20% of the earnable compensation of an active member holding the highest grade in the rank of
a police patrol officer, and (b) for each child, 6% of the earnable compensation of the active
member holding the highest grade in the rank of a police patrol officer.
This pension and each child’s benefit are eligible for adjustment (escalation*).
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Accidental Death Benefit - For death from causes sustained in the line of duty. Any heart,
lung, or respiratory disease is presumed to have been contracted in the line of duty. The
benefit to the surviving spouse, guardian of children, or dependent parents is (a) a pension
equal to 50% of average final compensation plus (b) for each child, 6% of the earnable
compensation of the active member holding the highest grade in the rank of a police patrol
officer.
This pension and each child’s benefit are eligible for adjustment (escalation*).
*Escalation - Adjustments may be made each July 1 and January 1. The adjusted pension is
directly related to increases in earnable compensation of active individuals in positions which
the deceased vacated at retirement.
Application Processing - Upon the death of a member, the member’s spouse and/or guardian
of the member’s dependent children should contact the System directly to obtain information
concerning eligibility for spousal and dependent benefits. Applications for such benefits may
be obtained from the System or from the cities. Applicants must include a copy of their birth
certificate, marriage certificate, and member’s death certificate with all applications.
Contact the Municipal Fire and Police Retirement System of Iowa, 950 Office Park Road,
Suite 321, West Des Moines, IA 50265.
Iowa Department of Public Safety Peace Officers’ Retirement, Accident, and
Disability System
The Iowa Department of Public Safety Peace Officers’ Retirement, Accident, and Disability
System was created to provide certain retirement and other benefits for the peace officers of the
Iowa Department of Public Safety, or benefits to their dependents, in amounts and under terms
and conditions set forth by law.
Accidental Death Benefit - If, upon receipt of evidence and proof that the death of a member
in service was the natural and proximate result of an accident, disease, or exposure
occurring or aggravated at some definite time and place while the member was in the
actual performance of duty, the board of trustees shall decide that death was so caused in the
performance of duty and there shall be paid, in lieu of the ordinary death benefit, to the
member’s estate or to such person having an insurable interest in the member’s life as the
member shall have nominated by written designation duly executed and filed with the board of
trustees:
a) To the surviving spouse, children, or dependent parents, a pension equal to
50% of the average final compensation of such member;
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b) If there is no surviving spouse, child, or dependent parent, the death shall be
treated as an ordinary death case and the benefit shall be paid to the
member’s estate;
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c) In addition to the benefits for the surviving spouse, there shall also be paid
for each child of a member a monthly pension equal to 6% of the monthly
earnable compensation payable to an active member having the rank of
senior patrol officer of the Iowa Highway Safety Patrol.
Pensions Offset by Compensation Benefits - Any amounts which may be paid or payable by
the state under the provisions of any workers’ compensation or similar law to a member or to
the dependents of a member on account of any disability or death, shall be offset against and
payable in lieu of any benefits payable out of funds provided by the state under the provisions
of this chapter on account of the same disability or death.
Members of the Peace Officer Retirement Board (State Police Officers only) contact: Ms.
Rosemary Carreon, Wallace State Office Building, Des Moines, IA 50319; (515) 281-8843
or fax: (515) 242- 6136.
EDUCATION BENEFITS
No educational benefits are available.
HEALTH BENEFITS
All health care benefits cease upon death. Survivors can elect to stay in group health plan until
age 65. The premiums would be paid by the surviving family. Check with your local police
department to find out about specific policy benefits.
WORKERS’ COMPENSATION
Workers’ Compensation coverage is compulsory for Iowa employers; however, waivers are
permitted.
Benefit is 80% of worker’s spendable earnings for surviving spouse or surviving spouse and
child(ren), with a minimum weekly benefit of $139 or actual wage if less than $139 and a
maximum weekly benefit of $797. There is also a maximum burial allowance of $5,000.
Spouse receives two-year lump sum payable upon remarriage if no children. Children
receive benefits until age 18 or beyond age 18 if physically or mentally disabled, or until age
25 if full-time students.
To receive workers’ compensation benefits the surviving spouse must take the initiative and
file a workers compensation claim through a workers’ compensation attorney to receive any
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compensation. The determination as to whether the claim will be paid will be determined by
the Workers’ Compensation Appeals Board.
Contact the Division of Industrial Services of the Department of Employment Services,
1000 E. Grand Avenue, Des Moines, IA 50319, telephone (515) 281-5934.
PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution - Entire estate of intestate decedent, real and personal, or excess
over share of surviving spouse, if any descends and is distributed as follows, each class of
which a member is living taking to the exclusion of subsequent classes:
(1) children and/or issue of deceased children; (2) parents equally or all to surviving parent; (3)
in case both parents are dead the portion which would have fallen to each of them must be
disposed of in the same manner as if he or she had outlived the intestate and died in the
possession and ownership of such portion; (4) and so on through ascending ancestors and their
heirs; (5) if heirs are not thus found, uninherited portion shall go to spouse of decedent, if
living, or to heirs of dead spouse, or spouses.
Distribution among descendants of person primarily entitled to take is always per stirpes,
whether or not any of the persons primarily entitled survive the decedent.
Share of Surviving Spouse - If decedent dies intestate leaving surviving spouse and leaving no
issue all of whom are issue of surviving spouse, surviving spouse shall receive following share:
(1) All value of all legal or equitable estates in real property possessed by decedent at any time
during marriage, which have not been sold on execution or by other judicial sale, and to which
surviving spouse has made no relinquishment of right; (2) all personal property that, at time of
death, was, in hands of decedent as head of family, exempt from execution; (3) all other
personal property of decedent which is not necessarily for payment of debts and charges.
(633.211).
If decedent dies intestate leaving surviving spouse and leaving issue some of whom are not
issue of surviving spouse, surviving spouse shall receive following share: (1) One-half in
value of all legal or equitable estates in real property possessed by decedent at any time during
marriage, which have not been sold on execution or by other judicial sale, and to which
surviving spouse has made no relinquishment of right; (2) all personal property that, at time of
death, was in hands of decedent as head of family, exempt from execution; (3) one-half of all
other personal property of decedent which is not necessary for payment of debts and charges;
(4) if property received by surviving spouse under 1, 2, and 3 of this section is not equal in
value to sum of $50,000, then so much additional of any remaining homestead interest and of
remaining real and personal property of decedent that is subject to payment of debts and
charges against decedent’s estate, after payment of debts and charges even to extent of whole of
net estate, as necessary to make amount of $50,000. (633-212).
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Except as provided in sections 633.211 and 633.212, shares of distributes shall abate, for
payment of debts and charges, federal and state estate taxes, legacies, shares of children born or
adopted after making of will, or share of surviving spouse who elects to take against will,
without any preference or priority as between real and personal property, in following order:
(1) Property not disposed by will; (2) property devised in residuary devisee, except property to
surviving spouse who takes under will; (3) property disposed of by will, but not specifically
devised and not devised to residuary devisee, except property devised to surviving spouse who
takes will; (4) property specifically devised, except property devised to surviving spouse who
takes under will; (5) property devised to surviving spouse who takes under will.
ADDITIONAL BENEFITS
910 VICTIM RESTITUTION
Payment of “pecuniary damages” to the extent not paid by an insurer, which a victim could
recover against the offender in a civil action arising out of the same facts or event, except
punitive damages for pain, suffering, mental anguish, and loss of consortium. Without
limitations “pecuniary damages” includes damages for wrongful death and expenses
incurred for psychiatric or psychological services or counseling or other counseling for
the victim which became necessary as a direct result of the criminal activity.
Payment of pecuniary damages to a victim in an amount and in the manner provided by the
offender’s plan of restitution. Restitution also includes the payment of crime victim assistance
reimbursements, court costs, court appointed attorney’s fees or the expense of a public
defender, and the performance of a public service by an offender in an amount set by the court
when the offender cannot reasonably pay all or part of the court costs, court-appointed
attorney’s fees or the expense of a public defender.
HOMICIDE VICTIMS
The Survivors of Homicide Victims Program is administered through Family Services. Contact
them at 1330 First Avenue NE, Cedar Rapids, IA 52402, telephone 319-398-3574.
TROOPER BENEFITS
The Iowa Troopers Association will provide a one-time death benefit of $2,500 to the families
of their members who were killed in the line of duty.
MEMORIAL
The Iowa Peace Officers Monument is located on the State Capitol grounds at East 9th and
Grand Streets in Des Moines, Iowa.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller