reglab/housing_qa huggingface dataset:
IN Code § 5-10.3-6-1.1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-1.1. Volunteer Fire Departments; Plan Participation

Sec. 1.1. (a) This section applies to a political subdivision that is served by a volunteer fire department.(b) The following definitions apply throughout this section:(1) "Nominal compensation" has the meaning set forth in IC 36-8-12-2.(2) "Volunteer fire department" has the meaning set forth in IC 36-8-12-2.(c) The governing body of a political subdivision may adopt an ordinance or resolution specifying the departmental, occupational, or other definable classifications of members of the volunteer fire department that are required to become members of the plan. A political subdivision may become a participant in the plan if the ordinance or resolution is filed with and approved by the board.(d) The governing body of a political subdivision shall determine the amounts of the contributions that the political subdivision will make on behalf of the eligible members of the volunteer fire department. However, the contributions that are made on behalf of each eligible member of the volunteer fire department in any specified departmental, occupational, or other definable classification must be equal. The governing body of the political subdivision shall specify the amounts of the contributions that the political subdivision will make for each departmental, occupational, or other definable classification of the members of the volunteer fire department in an ordinance or resolution adopted under subsection (c) and in any subsequent ordinance or resolution that changes the contribution amounts. If the governing body of the political subdivision changes the contribution amounts, the governing body shall file the ordinance or resolution with the board. The new contribution amounts become effective on the later of the date on which the ordinance or resolution is approved by the board or the effective date specified in the resolution.(e) Contributions made under this section on behalf of the eligible members of a volunteer fire department may not be considered in the computation of nominal compensation for purposes of IC 36-8-12.(f) An individual who participates in the plan under subsection (c) does not earn creditable service (as defined in IC 5-10.2-3-1) in the fund for the individual's service with a volunteer fire department.As added by P.L.96-2020, SEC.1. Amended by P.L.92-2021, SEC.7.
IN Code § 5-10.3-6-1.5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-1.5. Authorized Agent in Third Class City or Town

Sec. 1.5. (a) This section applies to a third class city or a town.(b) The clerk-treasurer of a city or town is that city's or town's authorized agent for all matters concerning the fund and the plan.As added by P.L.69-1995, SEC.1. Amended by P.L.241-2015, SEC.13.
IN Code § 5-10.3-6-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-2. Preliminary Survey

Sec. 2. The governing body may request a preliminary survey, at its expense as determined by the board, to determine the estimated cost of participation. The board and its actuary shall give an estimate of the costs, the benefits, and other appropriate information.As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.246-2001, SEC.10; P.L.23-2011, SEC.17.
IN Code § 5-10.3-6-3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-3. Powers of Governing Body

Sec. 3. Powers of the Governing Body. After a political subdivision becomes a participant, its governing body may make appropriations, make payments, and do all things required by this article.As added by Acts 1977, P.L.53, SEC.3.
IN Code § 5-10.3-6-4 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-4. Accounts

Sec. 4. The board shall maintain separate accounts for each contribution rate group. Credits and charges to these accounts shall be made as prescribed in IC 5-10.2-2 and IC 5-10.3-12, as applicable.As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.23-2011, SEC.18; P.L.241-2015, SEC.14.
IN Code § 5-10.3-6-6 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-6. Appropriations and Payments by School Corporations

Sec. 6. A school corporation shall make the appropriations and payments required of participating political subdivisions from its education fund or operations fund in accordance with the categories of expenditures established under IC 20-42.5-3.As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.238-2019, SEC.6.
IN Code § 5-10.3-6-7 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-7. Collection of Payments

Sec. 7. (a) If the employer or political subdivision fails to make payments required by this chapter, the amount payable may be:(1) withheld by the auditor of state from moneys payable to the employer or subdivision and transferred to the fund or the plan, as applicable; or(2) recovered in a suit in the circuit or superior court of the county in which the political subdivision is located. The suit shall be an action by the state on the relation of the board, prosecuted by the attorney general.(b) If:(1) service credit is verified for a member who has filed an application for retirement benefits; and(2) the member's employer at the time the service credit was earned has not made contributions for or on behalf of the member for the service credit;liability for the unfunded service credit shall be charged against the employer's account and collected by the fund as provided in subsection (a). Processing of a member's application for retirement benefits may not be delayed by an employer's failure to make contributions for the service credit earned by the member while the member was employed by the employer.(c) If the employer or political subdivision fails to file the reports or records required by this chapter or by IC 5-10.3-7-12.5, the auditor of state shall:(1) withhold the penalty described in IC 5-10.3-7-12.5 from money payable to the employer or the political subdivision; and(2) transfer the penalty to the fund or the plan, as applicable.As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.195-1999, SEC.20; P.L.115-2009, SEC.11; P.L.241-2015, SEC.15.
IN Code § 5-10.3-6-8.3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-8.3. Retirement Plans Offered by Political Subdivision That Withdraws From or Freezes Participation in Fund

Sec. 8.3. (a) This section applies to a political subdivision that:(1) either:(A) withdraws from the fund under section 8 of this chapter; or(B) freezes its participation in the fund as described in section 8.2 of this chapter; and(2) chooses thereafter to offer a retirement plan to its employees.(b) Except as provided in subsection (c), a political subdivision to which this section applies may offer a retirement plan to its employees only by participating in the defined contribution plan under IC 5-10.3-12.(c) If, on July 1, 2015, a political subdivision to which this section applies has established or is otherwise participating in a defined contribution plan other than the defined contribution plan under IC 5-10.3-12, the political subdivision may continue to participate in the defined contribution plan in which the political subdivision participated on July 1, 2015.As added by P.L.241-2015, SEC.18.
IN Code § 5-10.3-6-8.5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-8.5. Certain State University Employees Involved in Health Care

Sec. 8.5. (a) This section only applies if:(1) certain employees of a state university in a departmental, occupational, or other definable classification involved in health care are terminated from employment with the state university as a result of:(A) a lease or other transfer of university property to a nongovernmental entity; or(B) a contractual arrangement with a nongovernmental entity to perform certain state university functions;(2) the state university requests coverage under this section from the board; and(3) the board approves the request.(b) The withdrawal of the employees described in subsection (a) from the fund is effective on a termination date established by the board. The board may not establish a termination date that occurs before all of the following have occurred:(1) The state university has requested coverage under this section and provided written notice of the following to the board:(A) The intent of the state university to terminate the employees from employment.(B) The names of the terminated employees as of the date that the termination is to occur.(2) The expiration of a thirty (30) day period following the filing of the notice with the board.(3) The state university fully complies with subsection (c).(c) A member who is an employee of the state university described in subsection (a) as of the date of the notice under subsection (b) and who is listed in the notice under subsection (b) is vested in the pension portion of the member's retirement benefit. The state university must contribute to the fund the amount the board determines is necessary to completely fund the vested benefit. The contribution by the state university must be made in a lump sum or in a series of payments determined by the board.(d) A member who is covered by subsection (c) and who is at least sixty-five (65) years of age may elect to retire under IC 5-10.2-4-1 even if the member has less than ten (10) years of service. The benefit for the member shall be computed under IC 5-10.2-4-4 using the member's actual years of creditable service.(e) The board shall evaluate each withdrawal under this section to determine if the withdrawal affects the fund's compliance with Section 401(a) of the Internal Revenue Code of 1954, as in effect on September 1, 1974. The board may deny an employee permission to withdraw if the denial is necessary to achieve compliance with Section 401(a) of the Internal Revenue Code of 1954, as in effect on September 1, 1974.As added by P.L.38-1996, SEC.1.
IN Code § 5-10.3-6-9 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-9. Participation of Political Subdivision With Retirement System

Sec. 9. Participation of Political Subdivision with Retirement Systems. If a political subdivision has a retirement system for its employees, it must conduct a referendum, at which seventy-five percent (75%) of all active and retired members vote for participation, before it may follow the procedures in this chapter for participation.As added by Acts 1977, P.L.53, SEC.3.
IN Code § 5-10.3-6-10 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 6. Participation by Political Subdivisions|5-10.3-6-10. Transfer of Assets

Sec. 10. (a) If a political subdivision with a retirement system becomes a participant, the moneys and securities in the retirement system shall be transferred to the fund. If the securities to be transferred are not acceptable to the board, they shall be converted to cash, which shall be transferred to the fund.(b) If there are insufficient funds transferred under subsection (a), then the political subdivision shall pay the fund, either in a single payment or in installment payments approved by the board, the amount needed. If the political subdivision is unable to make any payment, the board may reduce proportionately each benefit payable to retired members.(c) The liabilities of a retirement system which is transferred to the fund are not liabilities of the fund, except as provided by agreement between the fund and the political subdivision.As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.23-2011, SEC.19.
IN Code § 5-10.3-7-0.1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 7. Membership; Creditable Service; Contributions; Withdrawal|5-10.3-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.184-2001 apply only to members of the public employees' retirement fund or the Indiana state teachers' retirement fund who retire after June 30, 2001.As added by P.L.220-2011, SEC.79.
IN Code § 5-10.3-7-0.3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 7. Membership; Creditable Service; Contributions; Withdrawal|5-10.3-7-0.3. Legalization of Certain Actions Under Section 2 of Chapter

Sec. 0.3. Actions taken before April 16, 1987, that would have been valid under section 2 of this chapter, as amended by P.L.62-1987, are legalized and validated.As added by P.L.220-2011, SEC.80.
IN Code § 5-10.3-7-1.1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 7. Membership; Creditable Service; Contributions; Withdrawal|5-10.3-7-1.1. Election by Employee of Political Subdivision to Become Fund Member; Failure to Make Election

Sec. 1.1. (a) An individual:(1) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in subdivision (2) that is adopted by the political subdivision has been approved by the board;(2) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board:(A) to allow an employee in the covered position to become a member of the fund or the public employees' defined contribution plan at the discretion of the employee; and(B) to require an employee to make an election under this section in order to become a member of the fund; and(3) who is not excluded from membership under section 2 of this chapter;may elect to become a member of the fund.(b) An election under this section:(1) must be made in writing on a form prescribed by the board;(2) must be filed with the board; and(3) is irrevocable.(c) An individual who:(1) is eligible to make the election under this section; and(2) does not make the election;becomes a member of the public employees' defined contribution plan.(d) An individual described in subsection (a) who separates from employment with a political subdivision and later returns to employment with the political subdivision having had an opportunity to make an election under this section during an earlier period of employment with the political subdivision is not entitled to a second opportunity to make an election under this section with respect to the individual's employment with the political subdivision.As added by P.L.241-2015, SEC.20. Amended by P.L.209-2016, SEC.1.
IN Code § 5-10.3-7-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 7. Membership; Creditable Service; Contributions; Withdrawal|5-10.3-7-2. Exclusions From Membership

Sec. 2. The following employees may not be members of the fund:(1) Officials of a political subdivision elected by vote of the people, unless the governing body specifically provides for the participation of locally elected officials.(2) Employees occupying positions normally requiring performance of service of less than six hundred (600) hours during a year who:(A) were hired before July 1, 1982; or(B) are employed by a participating school corporation.(3) Independent contractors or officers or employees paid wholly on a fee basis.(4) Employees who occupy positions that are covered by other pension or retirement funds or plans, maintained in whole or in part by appropriations by the state or a political subdivision, except:(A) the federal Social Security program; and(B) the prosecuting attorneys retirement fund established by IC 33-39-7-9.(5) Managers or employees of a license branch of the bureau of motor vehicles commission, except those persons who may be included as members under IC 9-14-10.(6) Employees, except employees of a participating school corporation, hired after June 30, 1982, occupying positions normally requiring performance of service of less than one thousand (1,000) hours during a year.(7) Persons who:(A) are employed by the state;(B) have been classified as federal employees by the Secretary of Agriculture of the United States; and(C) are covered by the federal Social Security program as federal employees under 42 U.S.C. 410.As added by Acts 1977, P.L.53, SEC.3. Amended by Acts 1978, P.L.24, SEC.5; Acts 1982, P.L.37, SEC.3; P.L.31-1984, SEC.2; P.L.42-1986, SEC.1; P.L.62-1987, SEC.1; P.L.61-1987, SEC.2; P.L.341-1989(ss), SEC.5; P.L.62-1989, SEC.2; P.L.2-1991, SEC.26; P.L.98-2004, SEC.68; P.L.195-2013, SEC.10; P.L.198-2016, SEC.10.
IN Code § 5-10.3-7-2.5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 7. Membership; Creditable Service; Contributions; Withdrawal|5-10.3-7-2.5. Constables

Sec. 2.5. Notwithstanding the provisions of section 2 of this chapter, any constable who:(1) is not otherwise eligible for membership in the public employees' retirement fund; and(2) was enrolled erroneously in the public employees' retirement fund as a contributing member;is eligible for membership in the public employees' retirement fund and is entitled to receive the benefits provided by that fund.As added by Acts 1981, P.L.51, SEC.1.
IN Code § 5-10.3-7-2.7 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 7. Membership; Creditable Service; Contributions; Withdrawal|5-10.3-7-2.7. Police Officers and Firefighters

Sec. 2.7. (a) This section applies only to an individual who:(1) began service as a police officer or firefighter and became a member of a police officers' pension fund or firefighters' pension fund before 1980;(2) began service in another position (referred to in this section as the "PERF position") and was enrolled erroneously as a contributing member of the public employees' retirement fund with respect to the PERF position before 1980;(3) made contributions to the public employees' retirement fund with respect to the PERF position as if the individual had been legally enrolled in that fund;(4) after 1991 was denied service credit in the public employees' retirement fund with respect to all or part of the individual's service in the PERF position because of the individual's service in the police officer or firefighter position described in subdivision (1); and(5) claims service credit in PERF and applies for membership in PERF before January 1, 2000.(b) Notwithstanding the provisions of section 2 of this chapter, an individual described in subsection (a) who:(1) is not otherwise eligible for membership in the public employees' retirement fund; and(2) was enrolled erroneously in the public employees' retirement fund as a contributing member;is eligible for membership in the public employees' retirement fund and is entitled to receive the benefits provided by that fund.As added by P.L.195-1999, SEC.21.
IN Code § 5-10.3-7-3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 10.3. The Public Employees' Retirement Fund|Chapter 7. Membership; Creditable Service; Contributions; Withdrawal|5-10.3-7-3. Optional Membership

Sec. 3. (a) Members of the general assembly, including members who:(1) completed their service before July 1, 1987; and(2) were not members of the fund during their service in the general assembly;are entitled to become, at their option, members of the fund. A member of the general assembly who completed his service before July 1, 1987, in order to become a member of the fund must apply to the board for membership and must present evidence satisfactory to the board of his prior service. Such a member of the general assembly may become a member without any service after June 30, 1987.(b) Notwithstanding the exclusion specified in section 2(4) of this chapter, a member of the general assembly who is a member of the Indiana state teachers' retirement fund and who retires after June 30, 1980, may choose at his retirement date to become a member of the public employees' retirement fund and to receive his retirement benefit from the fund.(c) An employee who:(1) was hired before July 1, 1982; or(2) is employed by a participating school corporation;and who is occupying a position normally requiring performance of services of less than one thousand (1,000) hours a year may at his option be a member of the fund.As added by Acts 1977, P.L.53, SEC.3. Amended by Acts 1980, P.L.28, SEC.8; Acts 1982, P.L.37, SEC.4; P.L.30-1984, SEC.2; P.L.381-1987(ss), SEC.2; P.L.46-1988, SEC.7.