reglab/housing_qa huggingface dataset:
IN Code § 33-39-7-10 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-10. Fund Construed as Trust; Purpose

Sec. 10. The fund shall be construed to be a trust, separate and distinct from all other entities, maintained to:(1) secure payment of benefits to the participants and their beneficiaries; and(2) pay the costs of administering this chapter.[Pre-2004 Recodification Citation: 33-14-9-9.]As added by P.L.98-2004, SEC.18.
IN Code § 33-39-7-10.5 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-10.5. Benefits Exempted From Legal Process; Reimbursement of Employers; Withholding Payments While Charges of Criminal Taking From Employer Pending

Sec. 10.5. (a) All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, a participant's contributions or benefits, or both, may be transferred to reimburse the participant's employer for loss resulting from the participant's criminal taking of the employer's property by the board if the board receives adequate proof of the loss. The loss resulting from the participant's criminal taking of the participant's employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.(b) The board may withhold payment of a participant's contributions and interest if the employer of the participant notifies the board that felony or misdemeanor charges accusing the participant of the criminal taking of the employer's property have been filed.(c) The board may withhold payment of a participant's contributions and interest under subsection (b) until the final resolution of the criminal charges.(d) Subsections (b) and (c) do not apply to the:(1) retirement benefit of a retired participant; or(2) disability benefit of a participant who is permanently disabled.As added by P.L.27-2019, SEC.23. Amended by P.L.203-2019, SEC.5.
IN Code § 33-39-7-11 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-11. Administration; Commingling; Duties of Board; Appeals; Confidentiality of Fund Records

Sec. 11. (a) The board shall administer the fund, which may be commingled with any public pension and retirement fund administered by the Indiana public retirement system for investment purposes.(b) The board shall do the following:(1) Determine eligibility for and make payments of benefits under this chapter.(2) In accordance with the powers and duties granted the board in IC 5-10.3-3-7.1, IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-6, administer the fund.(3) Provide by rule for the implementation of this chapter.(4) Authorize deposits.(c) A determination by the board may be appealed under IC 4-21.5.(d) The powers and duties of:(1) the director and the actuary of the board; and(2) the attorney general;with respect to the fund are those specified in IC 5-10.3-3, IC 5-10.3-4, IC 5-10.5-4, and IC 5-10.5-6.(e) The board may hire additional personnel, including hearing officers, to assist in the implementation of this chapter.(f) Fund records of individual participants and participants' information are confidential, except for the name and years of service of a fund participant.[Pre-2004 Recodification Citation: 33-14-9-10.]As added by P.L.98-2004, SEC.18. Amended by P.L.94-2004, SEC.7; P.L.99-2010, SEC.10; P.L.13-2011, SEC.12; P.L.35-2012, SEC.105.
IN Code § 33-39-7-12 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-12. Contributions

Sec. 12. (a) Except as otherwise provided in this section, each participant shall make contributions to the fund as follows:(1) A participant described in section 8(a)(1) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services after December 31, 1989.(2) A participant described in section 8(a)(2) or 8(a)(3) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services after June 30, 1994.A participant's contributions shall be deducted from the participant's monthly salary by the auditor of state and credited to the fund.(b) The state may pay the contributions for a participant. The state may elect to pay the contribution for the participant as a pickup under Section 414(h) of the Internal Revenue Code.(c) After a participant has contributed to the fund as provided in subsection (a) for twenty-two (22) years, the participant is not required to make additional contributions to the fund.(d) After December 31, 2011, the auditor of state shall submit the contributions paid by or on behalf of a participant under this section by electronic funds transfer in accordance with section 12.5 of this chapter.[Pre-2004 Recodification Citation: 33-14-9-11.]As added by P.L.98-2004, SEC.18. Amended by P.L.13-2011, SEC.13; P.L.160-2013, SEC.3.
IN Code § 33-39-7-12.5 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-12.5. Submission of Contributions, Reports, and Records Electronically

Sec. 12.5. (a) This section applies to reports, records, and contributions submitted after December 31, 2011, under this chapter.(b) As used in this section, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f).(c) The state shall submit through the use of electronic funds transfer contributions paid by or on behalf of a participant under section 12 of this chapter.(d) The state shall submit in a uniform format through a secure connection over the Internet or through other electronic means specified by the board the reports and records required by the board under this chapter.(e) The board shall establish by rule the due dates for all reports, records, and contributions required under this chapter.As added by P.L.13-2011, SEC.14.
IN Code § 33-39-7-13 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-13. Withdrawals; Rejoining Fund if Participant Returns to Service

Sec. 13. (a) A participant who:(1) ceases service in a position described in section 8 of this chapter, other than by death or disability; and(2) is not eligible for a retirement benefit under this chapter;is entitled to withdraw from the fund, beginning on the date specified by the participant in a written application. The date upon which the withdrawal begins may not be before the date of final termination of employment or the date thirty (30) days before the receipt of the application by the board. Upon withdrawal the participant is entitled to receive the total sum contributed plus interest at a rate specified by rule by the board, payable not later than sixty (60) days from the date of the withdrawal application.(b) Notwithstanding section 8 of this chapter, a participant who withdraws from the fund under subsection (a) and becomes a participant again at a later date is not entitled to service credit for years of service before the withdrawal, unless the participant pays into the fund the full amount received by the participant when the participant withdrew from the fund, plus interest at a rate specified by rule by the board. The board shall grant a participant service credit for years of service by the participant before the participant's withdrawal from the fund if the participant makes the repayment required by this subsection in a lump sum or a series of payments determined by the board, not exceeding five (5) annual installments.[Pre-2004 Recodification Citation: 33-14-9-12.]As added by P.L.98-2004, SEC.18. Amended by P.L.16-2011, SEC.9; P.L.54-2013, SEC.3.
IN Code § 33-39-7-14 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-14. Interest Credits

Sec. 14. (a) Interest shall be credited at least annually on or before June 30 at a rate specified by rule by the board on all amounts credited to the member as of June 30 of the preceding year.(b) Contributions begin to accumulate interest at the beginning of the fiscal year after the year in which the contributions are due.(c) When a member retires or withdraws, a proportional interest credit determined under this chapter shall be paid for the period elapsed since the last date on which interest was credited.[Pre-2004 Recodification Citation: 33-14-9-12.5.]As added by P.L.98-2004, SEC.18. Amended by P.L.16-2011, SEC.10; P.L.92-2021, SEC.14.
IN Code § 33-39-7-15 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-15. Eligibility for Retirement Benefits

Sec. 15. A participant whose employment in a position described in section 8 of this chapter is terminated is entitled to a retirement benefit computed under section 16 or 18 of this chapter, beginning on the date specified by the participant in a written application, if all of the following conditions are met:(1) The application for retirement benefits and the choice of the retirement date is filed on a form provided by the board, and the retirement date is:(A) after the cessation of the participant's service;(B) on the first day of a month; and(C) not more than six (6) months before the date the application is received by the board.However, if the board determines that a participant is incompetent to file for benefits and choose a retirement date, the retirement date may be any date that is the first of the month after the time the participant became incompetent.(2) The participant:(A) is at least sixty-two (62) years of age and has at least eight (8) years of service credit;(B) is at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85); or(C) has become permanently disabled.(3) The participant is not receiving and is not entitled to receive any salary for services currently performed, except for services rendered as a senior prosecuting attorney under IC 33-39-10-1.[Pre-2004 Recodification Citation: 33-14-9-13.]As added by P.L.98-2004, SEC.18. Amended by P.L.33-2006, SEC.1; P.L.160-2013, SEC.4; P.L.57-2014, SEC.8.
IN Code § 33-39-7-16 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-16. Computation of Retirement Benefits

Sec. 16. (a) This section does not apply to a participant who becomes permanently disabled, as described in section 17 of this chapter.(b) A participant who:(1) applies for a retirement benefit; and(2) is at least:(A) sixty-five (65) years of age; or(B) fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85);is entitled to an annual retirement benefit as calculated in subsection (c).(c) Except as provided in subsections (d), (e), and (f), the amount of the annual retirement benefit to which a participant described in subsection (b) is entitled equals the product of:(1) the highest annual salary that was paid to the participant before separation from service; multiplied by(2) the percentage prescribed in the following table:
IN Code § 33-39-7-17 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-17. Eligibility for Disability Benefits; Certification by Physician; Segregation of Records

Sec. 17. (a) A participant is considered to have a permanent disability if the board has received written certifications by at least two (2) licensed and practicing physicians, appointed by the board, that:(1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and(2) the condition is likely to be permanent.(b) A participant found to have a permanent disability under subsection (a) must be reexamined by at least two (2) physicians appointed by the board, at the times the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant's disability, benefits cease to be payable as of the date of the examination, unless on that date the participant is:(1) at least sixty-five (65) years of age; or(2) at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85).(c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated to prove that an individual is qualified for disability benefits under this section must be:(1) kept in separate medical files for each member; and(2) treated as confidential medical records.[Pre-2004 Recodification Citation: 33-14-9-15.]As added by P.L.98-2004, SEC.18. Amended by P.L.160-2013, SEC.6.
IN Code § 33-39-7-18 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-18. Computation of Disability Benefits

Sec. 18. (a) Except as provided in subsections (b) and (c), a participant who becomes permanently disabled, as described in section 17 of this chapter, is entitled to an annual benefit equal to the product of:(1) the annual salary that was paid to the participant at the time of separation from service; multiplied by(2) the percentage prescribed in the following table:
IN Code § 33-39-7-20 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-20. Benefits Payable to Dependent Children; Eligibility; Computation; Distribution

Sec. 20. (a) If:(1) a participant's spouse does not survive the participant; and(2) the participant did not designate one (1) or more of the participant's surviving dependent children to receive the benefit provided by section 19 of this chapter;the participant's surviving dependent children are, upon the death of the participant, entitled to a benefit equal to the benefit the participant's spouse would have received under section 19 of this chapter.(b) If a surviving spouse of a decedent participant dies and a dependent child of the surviving spouse and the decedent participant survives them, that dependent child is entitled to receive a benefit equal to the benefit the spouse was receiving or would have received under section 19 of this chapter.(c) If there is more than one (1) dependent child, the dependent children are entitled to share the benefit equally.(d) Each dependent child is entitled to receive that child's share until the child becomes eighteen (18) years of age or during the entire period of the child's physical or mental disability, whichever period is longer.(e) Except as provided in subsection (f), benefits payable to a dependent child are reduced by the amount, if any, that is payable to the dependent child from the public employees' retirement fund after subtracting the participant's contributions and earnings attributable to the participant's contributions in the participant's annuity savings account.(f) This subsection applies to a dependent child of a participant who is a member of the public employees' defined contribution plan established by IC 5-10.3-12-18. Benefits payable to a dependent child of a participant under this section are reduced by the actuarial equivalent of the pension portion of the retirement benefit, if any, that would be payable to the spouse (assuming the spouse would have had the same birth date as the participant) from the public employees' retirement fund under the joint and survivor option under IC 5-10.2-4-7, computed at fifty percent (50%) of the participant's decreased retirement benefit, if the participant had not made an election under IC 5-10.3-12-20 to become a member of the public employees' defined contribution plan.[Pre-2004 Recodification Citation: 33-14-9-18.]As added by P.L.98-2004, SEC.18. Amended by P.L.54-2013, SEC.7; P.L.160-2013, SEC.9; P.L.27-2019, SEC.27.
IN Code § 33-39-7-21 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-21. Withdrawal of Funds After Participant Dies; Surviving Spouse; Children; Estate

Sec. 21. (a) If benefits are not payable to the survivors of a participant who dies, and if a withdrawal application is filed with the board by the survivors or the participant's estate, the total of the participant's contributions, plus interest at a rate specified by rule by the board and minus any payments made to the participant, shall be paid to:(1) the surviving spouse of the participant or the children of the participant, as designated by the participant;(2) any dependents of the participant, if a spouse or designated child does not survive; or(3) the participant's estate, if a spouse, designated child, or other dependent does not survive.(b) The amount owed a spouse, designated children, other dependents, or estate under subsection (a) is payable not later than sixty (60) days after the date of receipt of the withdrawal application, or in monthly installments, as the recipient elects.[Pre-2004 Recodification Citation: 33-14-9-19.]As added by P.L.98-2004, SEC.18. Amended by P.L.16-2011, SEC.12; P.L.160-2013, SEC.10.
IN Code § 33-39-7-22 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-22. Satisfaction of Section 401 of the Internal Revenue Code Requirements

Sec. 22. The fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code as applicable to the fund. In order to meet those requirements, the fund is subject to the following provisions, notwithstanding any other provision of this chapter:(1) The board shall distribute the corpus and income of the fund to participants and their beneficiaries in accordance with this chapter.(2) A part of the corpus or income of the fund may not be used for or diverted to any purpose other than the exclusive benefit of the participants and their beneficiaries.(3) Forfeitures arising from severance of employment or death, or for any other reason, may not be applied to increase the benefits a participant would otherwise receive under the retirement fund law.(4) If the fund is terminated, or if all contributions to the fund are completely discontinued, the rights of each affected participant to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.(5) All benefits paid from the fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the fund is subject to the following provisions:(A) The life expectancy of a participant, the participant's spouse, or the participant's beneficiary shall not be recalculated after the initial determination for purposes of determining any benefits.(B) If a participant dies before the distribution of the participant's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died.(6) The board may not:(A) determine eligibility for benefits;(B) compute rates of contribution; or(C) compute benefits of participant's beneficiaries;in a manner that discriminates in favor of participants who are considered officers, supervisors, or highly compensated, as prohibited under Section 401(a)(4) of the Internal Revenue Code.(7) Benefits paid under this chapter may not exceed the maximum benefits specified by Section 415 of the Internal Revenue Code. If a participant's benefits under this chapter would exceed that maximum benefit, the benefit payable under this chapter shall be reduced as necessary.(8) The salary taken into account under this chapter may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.(9) The board may not engage in a transaction prohibited by Section 503(b) of the Internal Revenue Code.[Pre-2004 Recodification Citation: 33-14-9-20.]As added by P.L.98-2004, SEC.18.
IN Code § 33-39-7-23 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-23. Appropriations

Sec. 23. (a) For purposes of this chapter, the following amounts are appropriated for each biennium:(1) From the state general fund, the amount required to actuarially fund participants' retirement benefits, as determined by the board on recommendation of an actuary.(2) From the fund, the amount required for administration purposes.(b) The biennial appropriations provided in this section shall be credited to the board annually in equal installments in the month of July of each year of the biennium.[Pre-2004 Recodification Citation: 33-14-9-21.]As added by P.L.98-2004, SEC.18.
IN Code § 33-39-7-24 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-24. Rollover to Eligible Retirement Plan

Sec. 24. Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.[Pre-2004 Recodification Citation: 33-14-9-22.]As added by P.L.98-2004, SEC.18.
IN Code § 33-39-7-25 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-25. Administration; Service Credit

Sec. 25. (a) Notwithstanding any other provision of this chapter, the fund must be administered in a manner consistent with the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). A member on a leave of absence that qualifies for the benefits and protections afforded by the Family and Medical Leave Act is entitled to receive credit for vesting and eligibility purposes to the extent required by the Family and Medical Leave Act, but is not entitled to receive credit for service for benefit purposes.(b) Notwithstanding any other provision of this chapter, a participant is entitled to service credit and benefits in the amount and to the extent required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).[Pre-2004 Recodification Citation: 33-14-9-23.]As added by P.L.98-2004, SEC.18.
IN Code § 33-39-7-26 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 7. Retirement Fund|33-39-7-26. Assignment of Benefits

Sec. 26. A participant, beneficiary, or survivor may not assign any payment under this chapter except for the following:(1) Premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in part by a state agency.(2) Dues to an association that proves to the board's satisfaction that the association has as members at least twenty percent (20%) of the retired participants in the plan.As added by P.L.27-2019, SEC.28.
IN Code § 33-39-8-1 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 8. Prosecuting Attorneys Council|33-39-8-1. Council Defined

Sec. 1. As used in this chapter, "council" refers to the prosecuting attorneys council of Indiana established by section 2 of this chapter.[2004 Recodification Citation: New.]As added by P.L.98-2004, SEC.18.
IN Code § 33-39-8-2 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 39. Prosecuting Attorneys|Chapter 8. Prosecuting Attorneys Council|33-39-8-2. Creation; Membership

Sec. 2. (a) The prosecuting attorneys council of Indiana is established.(b) The membership of the council consists of all the prosecuting attorneys and their chief deputies acting in Indiana.[Pre-2004 Recodification Citation: 33-14-8-1.]As added by P.L.98-2004, SEC.18.