Terms Used In Iowa Code > Chapter 2C - Ombudsman

• Abolished system: means the Iowa old-age and survivors' insurance system repealed by sections 97. See Iowa Code 97B.1A
• accessible to the public: means either of the following:
   a. See Iowa Code 89B.13
• Accumulated contributions: means the total obtained as of any date, by accumulating each individual contribution by the member with interest plus interest dividends as provided in section 97B. See Iowa Code 97B.1A
• Accumulated employer contributions: means an amount equal to the total obtained as of any date, by accumulating each individual contribution by the employer for the member with interest plus interest dividends as provided in section 97B. See Iowa Code 97B.1A
• Actuarial equivalent: means a benefit of equal value when computed upon the basis of such actuarial tables as are adopted by the system. See Iowa Code 97B.1A
• Actuarial equivalent: shall mean a benefit of equal value, when computed upon the basis of mortality tables adopted by the board of trustees, and interest computed at a rate adopted by the board upon the recommendation of the actuary. See Iowa Code 97A.1
• Administrative action: means any policy or action taken by an agency or failure to act pursuant to law. See Iowa Code 2C.1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means all governmental entities, departments, boards, commissions, councils or institutions, and any officer, employee or member thereof acting or purporting to act in the exercise of official duties, but it does not include:
   a. See Iowa Code 2C.1
• agricultural labor: means any service performed prior to January 1, 1972, which was agricultural labor as defined in this subparagraph prior to such date, provided that after December 31, 1977, this subparagraph shall not exclude from employment agricultural labor specifically included as agricultural labor under the definition of employment in this subsection, but shall otherwise include remunerated service performed after December 31, 1971:
   (a) On a farm in the employ of any person in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife. See Iowa Code 96.1A
• Alteration: means any change made to an existing conveyance, other than the repair or replacement of damaged, worn, or broken parts necessary for normal maintenance. See Iowa Code 89A.1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amount earned: shall mean the amount of money actually earned by a beneficiary in some definite period of time. See Iowa Code 97A.1
• Amusement concession: includes but is not limited to carnival-style games that are conducted by a person for profit. See Iowa Code 99B.1
• Amusement device: means an electrical or mechanical device possessed and used in accordance with this chapter. See Iowa Code 99B.1
• Amusement park: means any permanent facility or park where amusement rides, as defined in section 88A. See Iowa Code 99B.1
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appeal board: means the employment appeal board created under section 10A. See Iowa Code 96.1A
• Applicant: means an individual or an organization applying for a license under this chapter. See Iowa Code 99B.1
• Applicant: means an individual applying for an occupational license or the officers and members of the board of directors of a nonprofit corporation applying for a license to conduct a race where pari-mutuel wagering would be permitted under this chapter. See Iowa Code 99D.2
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arcade: means any permanent facility or a distinct part of a permanent facility principally devoted to offering amusement or entertainment by means of amusement concessions or nongambling games. See Iowa Code 99B.1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average annual taxable payroll: means the average of the total amount of taxable wages paid by an employer for insured work during the five periods of four consecutive calendar quarters immediately preceding the computation date. See Iowa Code 96.1A
• Average final compensation: shall mean the average earnable compensation of the member during the member's highest three years of service as a member of the state department of public safety, or if the member has had less than three years of service, then the average earnable compensation of the member's entire period of service. See Iowa Code 97A.1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Base period: means the period beginning with the first day of the five completed calendar quarters immediately preceding the first day of an individual's benefit year and ending with the last day of the next to the last completed calendar quarter immediately preceding the date on which the individual filed a valid claim. See Iowa Code 96.1A
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means the person or persons who are entitled to receive any benefits payable under this chapter at the death of a member, if the person or persons have been designated on a form provided by the system and filed with the system. See Iowa Code 97B.1A
• Beneficiary: shall mean any person receiving a retirement allowance or other benefit as provided by this chapter. See Iowa Code 97A.1
• Benefit year: means a period of one year beginning with the day with respect to which an individual filed a valid claim for benefits. See Iowa Code 96.1A
• Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Iowa Code 96.1A
• Bingo: means a game, whether known as bingo or any other name, in which each participant uses one or more cards each of which is marked off into spaces arranged in horizontal and vertical rows of spaces, with each space being designated by number, letter, symbol, or picture, or combination of numbers, letters, symbols, or pictures. See Iowa Code 99B.1
• Bingo occasion: means a single gathering or session at which a series of bingo games is played. See Iowa Code 99B.1
• Board: means the investment board created by section 97B. See Iowa Code 97B.1
• Board of trustees: means the board created in section 97A. See Iowa Code 97A.1
• Bona fide retirement: means a retirement by a vested member which meets the requirements of section 97B. See Iowa Code 97B.1A
• Bookmaking: means the determining of odds and receipt and paying off of bets by an individual or publicly or privately owned enterprise not present when the wager or bet was undertaken. See Iowa Code 99B.1
• Breakage: means the odd cents by which the amount payable on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten cents. See Iowa Code 99D.2
• Build-up or pyramid: means a raffle or a game in which a prize must be returned in order to play another game or to be eligible for another bigger prize, a game in which a prize must be forfeited if a later game is lost, or a raffle which is multi-step and requires the participant to win at multiple steps to win the grand prize. See Iowa Code 99B.1
• Calendar quarter: means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1937, or the equivalent thereof as the department may by regulation prescribe. See Iowa Code 96.1A
• Cancer: means prostate cancer, primary brain cancer, breast cancer, ovarian cancer, cervical cancer, uterine cancer, malignant melanoma, leukemia, non-Hodgkin's lymphoma, bladder cancer, colorectal cancer, multiple myeloma, testicular cancer, and kidney cancer. See Iowa Code 97A.1
• Card game: includes but is not limited to poker, pinochle, pitch, gin rummy, bridge, euchre, hearts, or cribbage. See Iowa Code 99B.27
• Casino-style games: means any house banking game, including but not limited to casino-style card games such as poker, baccarat, chemin de fer, blackjack, and pai gow, and casino games such as roulette, craps, and keno. See Iowa Code 99B.1
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief executive officer: means the chief executive officer of the Iowa public employees' retirement system. See Iowa Code 97B.1
• Child: includes only an individual who is under the age of eighteen years, an individual who is under the age of twenty-two and is a full-time student, or an individual who is disabled under the definitions used in section 202 of the Social Security Act as amended if the disability occurred to the individual during the time the individual was under the age of eighteen years and the parent of the individual was an active member of the system. See Iowa Code 97A.1
• Child: includes child by adoption. See Iowa Code 4.1
• Claimant agency: means a public agency as defined in section 421. See Iowa Code 99D.2
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the state racing and gaming commission created under section 99D. See Iowa Code 99D.2
• Commissioner: means the state commissioner of athletics, who is also the director of the department of inspections, appeals, and licensing, or the director's designee. See Iowa Code 90A.1
• Commissioner: means the commissioner of public safety of this state. See Iowa Code 97A.1
• Commissioner: means the labor commissioner appointed pursuant to section 10A. See Iowa Code 89B.3
• Committee: means the benefits advisory committee created by section 97B. See Iowa Code 97B.1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• compensation earnable: shall mean the regular compensation which a member would earn during one year on the basis of the stated compensation for the member's rank or position including compensation for longevity and the daily amount received for meals under section 80. See Iowa Code 97A.1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means a person who engages in the business of construction, as the term "construction" is defined in the Iowa administrative code for purposes of chapter 96, the Iowa employment security law. See Iowa Code 91C.1
• Contributions: means the payments to the fund required herein, by the employer and by the members, to provide the benefits of the retirement system. See Iowa Code 97B.1A
• Contributions: means the money payments to the state unemployment compensation fund required by this chapter. See Iowa Code 96.1A
• Conveyance: means an elevator, dumbwaiter, escalator, moving walk, lift, or inclined or vertical wheelchair lift subject to regulation under this chapter, and includes hoistways, rails, guides, and all other related mechanical and electrical equipment. See Iowa Code 89A.1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Covered wages: means wages of a member during the periods of membership service as follows:
   (a) For the period from July 4, 1953, through December 31, 1953, and each calendar year from January 1, 1954, through December 31, 1963, wages not in excess of four thousand dollars. See Iowa Code 97B.1A
• crew leader: means an employing unit which furnishes individuals to perform agricultural labor for any other employing unit; pays, either on the crew leader's behalf or on behalf of such other employing unit, the individuals so furnished by the crew leader for the agricultural labor performed by them; and has not entered into a written agreement with such other employing unit under which such individual is designated as an employee of such other employing unit. See Iowa Code 96.1A
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Days: means calendar days. See Iowa Code 91A.2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of workforce development created in section 84A. See Iowa Code 96.1A
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 99B.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 91C.1
• Department: means the department of public safety of this state. See Iowa Code 97A.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 89A.1
• Dependent: A person dependent for support upon another.
• Director: means the director of the department of workforce development created in section 84A. See Iowa Code 96.1A
• Director: means the director of the department of inspections, appeals, and licensing. See Iowa Code 91C.1
• Director: means the director of the department of inspections, appeals, and licensing. See Iowa Code 89A.1
• Director: means the director of the department of inspections, appeals, and licensing. See Iowa Code 91A.2
• Director: means the director of the department of inspections, appeals, and licensing. See Iowa Code 91E.1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the division of labor services of the department of inspections, appeals, and licensing. See Iowa Code 89B.3
• Domestic service: includes service for an employing unit in the operation and maintenance of a private household, local college club, or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade, occupation, profession, enterprise, or vocation. See Iowa Code 96.1A
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Dumbwaiter: means a hoisting and lowering mechanism equipped with a car which moves in guides in a substantially vertical direction, when the floor area does not exceed nine square feet, the total compartment height does not exceed four feet, the capacity does not exceed five hundred pounds, and which is used exclusively for carrying materials. See Iowa Code 89A.1
• Educational institution: means one in which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of an instructor or teacher. See Iowa Code 96.1A
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Elevator: means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction, and which serves two or more floors of a building or structure. See Iowa Code 89A.1
• Employee: means an individual who is employed as defined in this chapter for whom coverage under this chapter is mandatory. See Iowa Code 97B.1A
• Employee: means a natural person who is employed in this state for wages by an employer. See Iowa Code 91A.2
• Employee: means a natural person who is employed in this state for wages paid on an hourly basis by an employer. See Iowa Code 91E.1
• Employee: includes an applicant for employment. See Iowa Code 94.1
• Employee: means any employee of an agency. See Iowa Code 2C.1
• Employer: means the state of Iowa, the counties, municipalities, agencies, public school districts, all political subdivisions, and all of their departments and instrumentalities, including area agencies on aging, other than those employing persons as specified in subsection 8, paragraph "b" subparagraph (7), and joint planning commissions created under chapter 28E or 28I. See Iowa Code 97B.1A
• Employer: means :
   a. See Iowa Code 96.1A
• Employer: means a person, as defined in chapter 4, who in this state employs for wages a natural person. See Iowa Code 91A.2
• Employer: means a person, as defined in chapter 4, who in this state employs for wages, paid on an hourly basis, one hundred or more natural persons. See Iowa Code 91E.1
• Employer: means a person, as defined in chapter 4, who employs an individual in this state for wages. See Iowa Code 94.1
• Employing unit: means any individual or type of organization, including this state and its political subdivisions, state agencies, boards, commissions, and instrumentalities thereof, any partnership, association, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this state. See Iowa Code 96.1A
• employment: means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied. See Iowa Code 96.1A
• Employment office: means a free public employment office, or branch thereof, operated by this state or maintained as a part of a state-controlled system of public employment offices. See Iowa Code 96.1A
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escalator: means a power-driven, inclined, continuous stairway used for raising or lowering passengers. See Iowa Code 89A.1
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Exhaustee: means an individual who, with respect to any week of unemployment in the individual's eligibility period has received, prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and former armed forces personnel under 5 U. See Iowa Code 96.1A
• Extended benefit period: means a period which begins with the third week after a week for which there is a state "on" indicator, and ends with either of the following weeks, whichever occurs later:
   (1) The third week after the first week for which there is a state "off" indicator. See Iowa Code 96.1A
• Extended benefits: means benefits, including benefits payable to federal civilian employees and to former armed forces personnel pursuant to 5 U. See Iowa Code 96.1A
• Fair: means an annual fair and exposition held by the Iowa state fair board and any fair event conducted by a fair under the provisions of chapter 174. See Iowa Code 99B.1
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• farm: includes livestock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. See Iowa Code 96.1A
• Fiduciary: A trustee, executor, or administrator.
• Final average covered wage: means the greater of the following:
   a. See Iowa Code 97B.1A
• First month of entitlement: means the first month for which a member is qualified to receive retirement benefits under this chapter. See Iowa Code 97B.1A
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Fraud: Intentional deception resulting in injury to another.
• Fully funded: means a funded ratio of at least one hundred percent using the most recent actuarial valuation. See Iowa Code 97B.1A
• Fund: means the unemployment compensation fund established by this chapter, to which all contributions required and from which all benefits provided under this chapter shall be paid. See Iowa Code 96.1A
• funded ratio: means the ratio produced by dividing the lesser of the actuarial value of the system's assets or the market value of the system's assets, by the system's actuarial liabilities, using the actuarial method adopted by the investment board pursuant to section 97B. See Iowa Code 97B.1A
• Gambling: means any activity where a person risks something of value or other consideration for a chance to win a prize. See Iowa Code 99B.1
• Game night: means an event at which casino-style games may be conducted, in addition to games of skill and games of chance, within one consecutive twenty-four-hour period. See Iowa Code 99B.1
• Game of chance: means a game whereby the result is determined by chance and the player in order to win completes activities, such as aligning objects or balls in a prescribed pattern or order or makes certain color patterns appear. See Iowa Code 99B.1
• Game of skill: means a game whereby the result is determined by the player's ability to do a task, such as directing or throwing objects to designated areas or targets, or by maneuvering water or an object into a designated area, or by maneuvering a dragline device to pick up particular items, or by shooting a gun or rifle. See Iowa Code 99B.1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental entity: means a state, a state instrumentality, a political subdivision or an instrumentality of a political subdivision, or a combination of one or more of the preceding. See Iowa Code 96.1A
• Governmental entity: means the same as defined in section 96. See Iowa Code 93.1
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Gross receipts: means the total revenue received from the sale of rights to participate in a game of skill, game of chance, bingo, or raffle and admission fees or charges. See Iowa Code 99B.1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health benefit plan: means a plan or agreement provided by an employer for employees for the provision of or payment for care and treatment of sickness or injury. See Iowa Code 91A.2
• Hospital: means an institution which has been licensed, certified, or approved by the department of inspections, appeals, and licensing as a hospital. See Iowa Code 96.1A
• Inactive vested member: means an inactive member who was a vested member at the time of termination of employment. See Iowa Code 97B.1A
• Inclined or vertical wheelchair lift: means a lift used to transport a wheelchair as specified in the American society of mechanical engineers safety standard for platform lifts and stairway chairlifts, A18. See Iowa Code 89A.1
• Indian tribe: means the same as defined in section 96. See Iowa Code 93.1
• Infectious disease: means HIV or AIDS as defined in section 141A. See Iowa Code 97A.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means an inspector employed by the department for the purpose of administering this chapter. See Iowa Code 89A.1
• Institution of higher education: means an educational institution which admits as regular students individuals having a certificate of graduation from a high school, or the recognized equivalent of such certificate; is legally authorized in this state primarily to provide a program of education beyond high school; provides an educational program for which it awards a bachelor's or higher degree or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or postdoctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and is a public or other nonprofit institution. See Iowa Code 96.1A
• Insured work: means employment for employers. See Iowa Code 96.1A
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internal Revenue Code: means the Internal Revenue Code as defined in section 422. See Iowa Code 97B.1A
• Internal Revenue Code: means the Internal Revenue Code as defined in section 422. See Iowa Code 97A.5
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• Internet site: means a specific location on the internet that is determined by internet protocol numbers, by a domain name, or by both, including but not limited to domain names that use the designations ". See Iowa Code 4.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed qualified organization: means a qualified organization that is issued a license under this chapter and that complies with the requirements for a qualified organization issued a license under this chapter. See Iowa Code 99B.1
• Licensee: means a nonprofit corporation licensed under section 99D. See Iowa Code 99D.2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lift: means a device consisting of a power-driven endless belt, provided with steps or platforms and handholds attached to it for the transportation of persons from floor to floor. See Iowa Code 89A.1
• Liquidated damages: means the sum of five percent multiplied by the amount of any wages that were not paid or of any authorized expenses that were not reimbursed on a regular payday or on another day pursuant to section 91A. See Iowa Code 91A.2
• Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
• Majority leader: see Floor Leaders
• manufacturer or distributor: means a person engaged in business in this state who originally produces, or purchases from a business that originally produces, equipment or supplies which are specifically used in the conduct of a bingo occasion or an electronic raffle. See Iowa Code 99B.32
• Marketplace contractor: means a person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor, or other entity, that does all of the following:
   (1) Enters into a written agreement with a marketplace platform to use the marketplace platform's digital network to connect with individuals or entities that seek to obtain services from the marketplace contractor. See Iowa Code 93.1
• Marketplace platform: means a person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor, or other entity, that operates a digital network to connect marketplace contractors to individuals or entities that seek to obtain the type of services offered by marketplace contractors. See Iowa Code 93.1
• Medical board: shall mean the board of physicians provided for in section 97A. See Iowa Code 97A.1
• Member: means an employee or a former employee who maintains the employee's or former employee's accumulated contributions in the retirement system. See Iowa Code 97B.1A
• Member account: means the account established for each member and includes the member's accumulated contributions and the member's share of the accumulated employer contributions as provided in section 97B. See Iowa Code 97B.1A
• Membership service: means service rendered by a member after July 4, 1953. See Iowa Code 97B.1A
• Membership service: shall mean service as a peace officer in the division of state patrol, the division of criminal investigation, or division of narcotics enforcement in the department of public safety and arson investigators rendered since last becoming a member, or, where membership is regained as provided in this chapter, all of such service. See Iowa Code 97A.1
• Merchandise: includes lottery tickets or shares sold or authorized under chapter 99G. See Iowa Code 99B.1
• Minority leader: See Floor Leaders
• Mixed martial arts match: means a professional or amateur mixed martial arts match or event that is open to the public and an admission fee is charged, a donation is requested from those in attendance, or merchandise or refreshments are available for purchase. See Iowa Code 90A.1
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Moving walk: means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction in motion and is uninterrupted. See Iowa Code 89A.1
• Municipal utility: means a public utility as defined in section 412. See Iowa Code 97B.1A
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Net receipts: means gross receipts less amounts awarded as prizes and less state and local sales tax paid upon the gross receipts. See Iowa Code 99B.1
• New installation: means a conveyance the construction or relocation of which is begun, or for which an application for a new installation permit is filed, on or after the effective date of rules relating to those permits adopted by the director under authority of this chapter. See Iowa Code 89A.1
• Nonprofit organization: means an organization described in the federal Internal Revenue Code, 26 U. See Iowa Code 96.1A
• Nudge game: means any game or phase of a game in which a participant spins reels or simulated reels and may choose to nudge one or more reels in any direction to complete a winning combination or pattern. See Iowa Code 99B.1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer: means any officer of an agency. See Iowa Code 2C.1
• Official: means a person who is employed as a referee, judge, timekeeper, or match physician for a match or event covered by this chapter. See Iowa Code 90A.1
• Owner: means the owner of a conveyance, unless the conveyance is a new installation or is undergoing major alterations, in which case the owner shall be considered the person responsible for the installation or alteration of the conveyance until the conveyance has passed final inspection by the department. See Iowa Code 89A.1
• Pari-mutuel wagering: means the system of wagering described in section 99D. See Iowa Code 99D.2
• Participant: means a person involved in a match or event covered by this chapter, and includes contestants, seconds, managers, and similar event personnel. See Iowa Code 90A.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means a member, except a non-peace officer member, of the division of state patrol, narcotics enforcement, state fire marshal, or criminal investigation, including but not limited to a gaming enforcement officer, who has passed a satisfactory physical and mental examination and has been duly appointed by the department of public safety in accordance with section 80. See Iowa Code 97A.1
• Pensions: shall mean annual payments for life derived from the appropriations provided by the state of Iowa and from contributions of the members which are deposited in the retirement fund. See Iowa Code 97A.1
• Person: means an individual, aggregate of individuals, corporation, partnership, or unincorporated association. See Iowa Code 2C.1
• person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
• Personal property: All property that is not real property.
• personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
• Physician: means a person licensed as a physician pursuant to chapter 148. See Iowa Code 90A.1
• Physician assistant: means a person licensed as a physician assistant pursuant to chapter 148C. See Iowa Code 90A.1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Prior service: means any service by an employee rendered at any time prior to July 4, 1953. See Iowa Code 97B.1A
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Professional boxing or wrestling match: means a boxing or wrestling contest or exhibition open to the public in this state for which the contestants are paid or awarded a prize for their participation. See Iowa Code 90A.1
• Promoter: means a person or business that does at least one of the following:
   a. See Iowa Code 90A.1
• property: includes personal and real property. See Iowa Code 4.1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public housing agency: means any agency described in section 3(b)(6) of the United States Housing Act of 1937, as amended through January 1, 1989. See Iowa Code 96.1A
• Qualified organization: means an organization that has an active membership of not less than twelve persons, does not have a self-perpetuating governing body and officers, and meets any of the following requirements:
   a. See Iowa Code 99B.1
• Qualified organization representing veterans: means any qualified organization which represents veterans, which is a post, branch, or chapter of a national association of veterans of the armed forces of the United States which is a federally chartered corporation, dedicates the net receipts of a game of skill, game of chance, or raffle as provided in section 99B. See Iowa Code 99B.27
• Quorum: The number of legislators that must be present to do business.
• racetrack: refer to dog racing and horse racing, including but not limited to quarterhorse, thoroughbred, and harness racing, as approved by the commission. See Iowa Code 99D.2
• Racetrack enclosure: means all real property utilized for the conduct of a race meeting, including the racetrack, grandstand, concession stands, offices, barns, kennels and barn areas, employee housing facilities, parking lots, and any additional areas designated by the commission. See Iowa Code 99D.2
• Raffle: means a lottery in which each participant buys an entry for a chance at a prize with the winner determined by a random method and the winner is not required to be present to win. See Iowa Code 99B.1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
• Recess: A temporary interruption of the legislative business.
• reemployment: means the employment of a person in a position which would otherwise be included as a membership position under subsection 1, after the person has commenced receiving a service retirement allowance under section 97A. See Iowa Code 97A.3
• Regular benefits: means benefits payable to an individual under this or under any other state law, including benefits payable to federal civilian employees and to former armed forces personnel pursuant to 5 U. See Iowa Code 96.1A
• Regular service: means service for an employer other than special service. See Iowa Code 97B.1A
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Retired member: means a member who has applied for the member's retirement allowance and has survived into at least the first day of the member's first month of entitlement. See Iowa Code 97B.1A
• Retirement: means that period of time beginning when a member who has filed an approved application for a retirement allowance has survived into at least the first day of the member's first month of entitlement and ending when the member dies. See Iowa Code 97B.1A
• Retirement allowance: shall mean the pension, or any benefits in lieu thereof, granted to a member upon retirement. See Iowa Code 97A.1
• Retirement system: means the retirement plan as contained in this chapter or as duly amended. See Iowa Code 97B.1A
• road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
• Rule: includes "regulation". See Iowa Code 4.1
• Safety board: means the elevator safety board created in section 89A. See Iowa Code 89A.1
• Service: means service under this chapter by an employee, except an elected official, for which the employee is paid covered wages. See Iowa Code 97B.1A
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
• Special inspector: means an inspector commissioned by the director, and not employed by the department. See Iowa Code 89A.1
• Special service: means service for an employer while employed in a protection occupation as provided in section 97B. See Iowa Code 97B.1A
• State: includes , in addition to the states of the United States, the District of Columbia, Canada, Puerto Rico, and the Virgin Islands. See Iowa Code 96.1A
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• State law: means the unemployment insurance law of any state, approved by the United States secretary of labor under 26 U. See Iowa Code 96.1A
• Statewide average weekly wage: means the amount computed by the department at least once a year on the basis of the aggregate amount of wages reported by employers in the preceding twelve-month period ending on December 31 and divided by the product of fifty-two times the average mid-month employment reported by employers for the same twelve-month period. See Iowa Code 96.1A
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• supplemental account: means the account established for each active member under section 97B. See Iowa Code 97B.1A
• Surviving spouse: shall mean the surviving spouse or former spouse of a marriage solemnized prior to retirement of a deceased member from active service. See Iowa Code 97A.1
• Swap game: means any game or phase of a game in which a participant spins reels or simulated reels and may choose to swap, move, or substitute one or more icons or symbols to create a winning combination or pattern. See Iowa Code 99B.1
• System: shall mean the Iowa department of public safety peace officers' retirement, accident, and disability system as defined in section 97A. See Iowa Code 97A.1
• System: means the Iowa public employees' retirement system. See Iowa Code 97B.1
• Taxable wages: means an amount of wages upon which an employer is required to contribute based upon wages which have been paid during a calendar year to an individual by an employer or the employer's predecessor, in this state or another state which extends a like comity to this state, with respect to employment, upon which the employer is required to contribute, which equals the greater of the following:
   a. See Iowa Code 96.1A
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Three-year average covered wage: means a member's covered wages averaged for the highest three years of the member's service, except as otherwise provided in this subsection. See Iowa Code 97B.1A
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• undertaking: means a promise or security in any form. See Iowa Code 4.1
• Unemployment compensation administration fund: means the unemployment compensation administration fund established by this chapter, from which administration expenses under this chapter shall be paid. See Iowa Code 96.1A
• United States: includes all the states. See Iowa Code 4.1
• Venue: The geographical location in which a case is tried.
• Vested by service: means a member who meets one of the following requirements:
   (1) Prior to July 1, 1965, had attained the age of forty-eight and completed at least eight years of service. See Iowa Code 97B.1A
• Vested member: means a member who has attained through age or sufficient years of service eligibility to receive monthly retirement benefits upon the member's retirement. See Iowa Code 97B.1A
• Wagering area: means that portion of a racetrack in which a licensee may receive wagers of money from a person present in a licensed racetrack enclosure on a horse or dog in a race selected by the person making the wager as designated by the commission. See Iowa Code 99D.2
• wages: includes amounts that can be received in cash in lieu of employer-paid contributions to such plans, if the election is uniformly available and is not limited to highly compensated employees, as defined in section 414(q) of the Internal Revenue Code. See Iowa Code 97B.1A
• Wages: means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration in any medium other than cash. See Iowa Code 96.1A
• Wages: means compensation owed by an employer for:
   a. See Iowa Code 91A.2
• Week: means such period or periods of seven consecutive calendar days ending at midnight, or as the department may by regulations prescribe. See Iowa Code 96.1A
• week: means seven consecutive days. See Iowa Code 4.1
• weekly benefit amount: means the amount of benefits the individual would be entitled to receive for one week of total unemployment. See Iowa Code 96.1A
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• year: means twelve consecutive months. See Iowa Code 4.1
• Years of prior service: means the total of all periods of prior service of a member. See Iowa Code 97B.1A