216.13 - EXCEPTIONS FOR RETIREMENT PLANS, ABORTION COVERAGE, LIFE, DISABILITY, AND HEALTH BENEFITS.
216.13 EXCEPTIONS FOR RETIREMENT PLANS, ABORTION
COVERAGE, LIFE, DISABILITY, AND HEALTH BENEFITS.
The provisions of this chapter relating to discrimination because
of age do not apply to a retirement plan or benefit system of an
employer unless the plan or system is a mere subterfuge adopted for
the purpose of evading this chapter.
1. However, a retirement plan or benefit system shall not require
the involuntary retirement of a person under the age of seventy
because of that person's age. This paragraph does not prohibit the
following:
a. The involuntary retirement of a person who has attained
the age of sixty-five and has for the two prior years been employed
in a bona fide executive or high policymaking position and who is
entitled to an immediate, nonforfeitable annual retirement benefit
from a pension, profit-sharing, savings, or deferred compensation
plan of the employer which equals twenty-seven thousand dollars.
This retirement benefit test may be adjusted according to the
regulations prescribed by the United States secretary of labor
pursuant to Pub. L. No. 95-256, section 3.
b. The involuntary retirement of a person covered by a
collective bargaining agreement which was entered into by a labor
organization and was in effect on September 1, 1977. This exemption
does not apply after the termination of that agreement or January 1,
1980, whichever first occurs.
2. A health insurance program provided by an employer may exclude
coverage of abortion, except where the life of the mother would be
endangered if the fetus were carried to term or where medical
complications have arisen from an abortion.
3. An employee welfare plan may provide life, disability or
health insurance benefits which vary by age based on actuarial
differences if the employer contributes equally for all the
participating employees or may provide for employer contributions
differing by age if the benefits for all the participating employees
do not vary by age. Section History: Early Form
[C71, § 105A.15; C73, § 601A.15; C75, 77, § 601A.12; C79, 81, §
601A.13] Section History: Recent Form
84 Acts, ch 1011, § 1
C93, § 216.13
2006 Acts, ch 1010, §65