CITY OF WAVERLY v. IOWA DEPT. OF JOB SERVICE

No. 85-756.

383 N.W.2d 513 (1986)

The CITY OF WAVERLY, Iowa, Appellee, v. IOWA DEPARTMENT OF JOB SERVICE (IPERS), Appellant.

Supreme Court of Iowa.

March 19, 1986.


Attorney(s) appearing for the Case

Walter F. Maley, Blair H. Dewey and Joseph L. Bervid, Des Moines, for appellant.

Gerald B. Carney, Waverly, for appellee.

William Sidney Smith and Ronald L. Mountsier of Smith, Schneider & Stiles, P.C., Des Moines, and Robert W. Peters, Carroll, for amicus curiae City of Carroll.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, CARTER, and WOLLE, JJ.


WOLLE, Justice.

The pivotal question of law in this judicial review proceeding is whether two 1971 amendments to Iowa Code chapter 410 should be given retroactive effect. Prior to 1971, chapter 410 mandated that the city of Waverly and certain other Iowa cities provide a disability and pension fund for police and fire personnel. The district court, reviewing a declaratory ruling of the Iowa Department of Job Service (department), held that the amendments should not...

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