25FC:0026 Ron Engle/Iowa Public Employee Retirement System - Investigative Report and Probable Cause Order

Date:
05/15/2025

Subject: 
Ron Engle/Iowa Public Employee Retirement System  - Investigative Report and Probable Cause Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report: 

On March 11, 2025, Ron Engle filed formal complaint 25FC:0026, alleging Iowa Public Employee Retirement System (IPERS) violated Iowa Code chapter 22.

The IPIB accepted this Complaint on April 17, 2025.

Facts

Engle alleges requesting information regarding prior attempts by IPERS at obtaining third party recovery/subrogation for disability claims made by emergency responders. Through lengthy e-mail chains with personnel from IPERS, the request for public records was refined based upon repeated denials and alleged contradictory responses. Engle alleges IPERS refused to provide the requested financial information. Engle provided a copy of the correspondence with IPERS.  

IPERS responded through counsel and disputed Engle’s description of communications. IPERS stated it provided records in its possession in response to Engle’s request and supplementation of requests. IPERS also stated the disputed records requested by Engle contain financial information. IPERS stated the requested records containing financial information are explicitly outside Iowa Code chapter 22 as stated in Iowa Code § 97B.17(2). IPERS also cited to 24AO:0002 - Chapter 22 requirements for Municipal Fire and Police Retirement System of Iowa (MFPRSI) records as the statutory language is similar.[1]

Applicable Law

The following records maintained under this chapter are not public records for the purposes of chapter 22:

a. Records containing social security numbers.

b. Records specifying amounts accumulated in members’ accounts and supplemental accounts.

c. Records containing names or addresses of members or their beneficiaries.

d. Records containing amounts of payments to members or their beneficiaries.

e. Records containing financial or commercial information that relates to the investment of retirement system funds if the disclosure of such information could result in a loss to the retirement system or to the provider of the information. 

3. Summary information concerning the demographics of the members and general statistical information concerning the retirement system are subject to chapter 22, as well as aggregate information by category.

Iowa Code § 97B.17(2), (3).

Analysis

Engle’s final request included IPERS’ chart of accounts, the successful subrogation dollar amount, the financial transaction record, related communication, and search methods. In response, IPERS stated it provided the chart of accounts, communication, and financial transaction recorded in IPERS’ chart of accounts on March 10, 2025. 

IPERS did not disclose records containing member-specific information pursuant to Iowa Code § 97B.17(2)(b)-(c). IPERS also stated aggregate documents requested in Engle’s original request do not exist and cannot be produced.

In regards to subrogation information, IPERS argues this data would be a record specifying financial amounts in specific members’ accounts, which would include the names of members. This is the type of information the legislature has explicitly carved out of Iowa Code chapter 22 requirements. If aggregate information were available regarding subrogation amounts, then the information would be provided under Iowa Code § 97B.17(3), but IPERS stated no aggregate record exists with this information.

Iowa Code § 97B.17(2)(b)-(c) explicitly excludes IPERS member information from being produced as public record. For this reason, there is no violation of Iowa Code Chapter 22. 

IPIB Action

The Board may take the following actions upon receipt of an investigative report: 

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

Because no records with aggregate information exist and records of the individual members’ financial and personal information is expressly excluded from Iowa Code chapter 22, it is recommended the IPIB dismiss the matter for lack of probable cause to believe a violation has occurred.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.
 

[1] Reviewing a denial of the names and addresses of public members as outside the scope of chapter 22. Available at https://ipib.iowa.gov/24ao0002-chapter-22-requirements-mfprsi-records

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action: 

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
• c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Monica McHugh