reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-2. Members 65 and Older; Monthly Retirement Benefit; Conditions

Sec. 2. A participant who is at least sixty-five (65) years of age is entitled for the remainder of the participant's life to a monthly retirement benefit computed under section 3 of this chapter, beginning on the date specified by the participant in a written application, if all of the following conditions are met on the date on which the benefit begins:
(1) The participant's service as a member of the general assembly is terminated.
(2) The participant:
(A) has at least ten (10) years of service as a member of the general assembly; or
(B) meets the requirements for disability benefits under section 5 of this chapter.
(3) The participant is not receiving and is not entitled to receive a salary from the state.
(4) The participant is not receiving and has not previously received a reduced monthly retirement benefit under section 4 of this chapter.
As added by P.L.6-1989, SEC.1. Amended by P.L.13-2001, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-3. Monthly Retirement Benefit; Computation

Sec. 3. The monthly retirement benefit payable for life to a participant who is eligible under section 2 of this chapter is the lesser of:
(1) forty dollars ($40) multiplied by the total years of service completed by the participant as a member of the general assembly before November 8, 1989; or
(2) the highest consecutive three (3) year average annual salary of the participant attributable to the participant's service as a legislator, as reported on the participant's W-2 federal income tax withholding statement and determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code, at the date the participant's service as a member of the general assembly is terminated, divided by twelve (12).
As added by P.L.6-1989, SEC.1. Amended by P.L.5-1992, SEC.2; P.L.4-1992, SEC.3.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-4. Participants 55 and Older; Reduced Monthly Retirement Benefit; Computation

Sec. 4. (a) A participant who is at least fifty-five (55) years of age is entitled, for the remainder of the participant's life, to a reduced monthly retirement benefit computed under subsection (b), beginning on the date specified by the participant in a written application, if all of the following conditions are met on the date on which the benefit begins:
(1) The participant's service as a member of the general assembly is terminated.
(2) The participant has at least ten (10) years of service as a member of the general assembly.
(3) The participant is not receiving and is not entitled to receive a salary from the state.
(b) The reduced monthly benefit payable for life to a participant eligible under this section is the benefit calculated under section 3 of this chapter, multiplied by a percentage determined as follows:
STEP ONE: From seven hundred eighty (780) months, which equals sixty-five (65) years, subtract the age of the participant at the participant's retirement date expressed in whole months (retirement age in months) and obtain a remainder (X).
STEP TWO:
(A) If the remainder (X) is less than or equal to sixty (60), multiply the remainder (X) times one-tenth percent (0.1%) and obtain a product (Y).
(B) If the remainder (X) is greater than sixty (60), multiply five-twelfths percent (5/12%) times the difference obtained by subtracting sixty (60) from the remainder (X) and obtain a product. Add to this six percent (6%) and obtain a sum (Y).
STEP THREE: From one hundred percent (100%) subtract the appropriate (Y). This equals the percentage used to determine the reduced monthly benefit.
As added by P.L.6-1989, SEC.1. Amended by P.L.13-2001, SEC.2.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-4.1. Monthly Retirement Benefit; Conditions

Sec. 4.1. (a) This section applies to a participant who:
(1) is at least fifty-five (55) years of age and whose years of service as a member of the general assembly plus years of age are equal to at least eighty-five (85); or
(2) is at least sixty (60) years of age and has at least fifteen (15) years of service as a member of the general assembly.
(b) A participant who is described in subsection (a) is entitled, for the remainder of the participant's life, to a monthly retirement benefit calculated under section 3 of this chapter, if all of the following conditions are met on the date on which the benefit begins:
(1) The participant's service as a member of the general assembly is terminated.
(2) The participant has at least ten (10) years of service as a member of the general assembly.
(3) The participant is not receiving and is not entitled to receive a salary from the state.
(c) A participant who receives a benefit under this section is not entitled to a benefit under section 4 of this chapter.
As added by P.L.10-1995, SEC.1. Amended by P.L.13-2001, SEC.3.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-5. Disabled Participant; Benefits; Transcripts, Records, and Other Materials

Sec. 5. (a) Except as provided in subsection (b), a participant who becomes disabled while in active service as a member of the general assembly may retire for the duration of the disability, beginning on the date specified by the participant in a written application, if:
(1) the participant has at least five (5) years of service;
(2) the participant has qualified for Social Security disability benefits and has furnished proof of the Social Security qualification to the board; and
(3) at least one (1) time each year until the participant becomes sixty-five (65) years of age, a representative of the board verifies the continued disability.
For the purposes of this section, a participant who has qualified for disability benefits under the federal civil service system is considered to have met the requirement of subdivision (2) if the participant furnishes proof of the qualification to the board.
(b) Benefits may not be provided under this chapter for a disability:
(1) resulting from an intentionally self-inflicted injury of attempted suicide while sane or insane; or
(2) resulting from the participant's commission or attempted commission of a felony.
(c) The disability benefit provided under this section is equal to the benefit computed under section 3 of this chapter.
(d) To the extent required by the Americans with Disabilities Act, the transcripts, records, and other material generated to prove that an individual is qualified for disability benefits under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
As added by P.L.6-1989, SEC.1. Amended by P.L.4-1992, SEC.4.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-6. Surviving Spouse; Benefits

Sec. 6. (a) The surviving spouse of a participant who:
(1) dies; and
(2) on the date of death:
(A) was receiving benefits under this chapter;
(B) had completed at least ten (10) years of service as a member of the general assembly; or
(C) had a permanent disability and was receiving benefits under section 5 of this chapter;
is entitled, regardless of the participant's age, to the benefit prescribed by subsection (b).
(b) The surviving spouse is entitled to a benefit for life equal to fifty percent (50%) of the amount of retirement benefit that:
(1) the participant was receiving at the time of death; or
(2) the participant would have been entitled to receive at fifty-five (55) years of age, or at the date of death, whichever is later.
As added by P.L.6-1989, SEC.1. Amended by P.L.99-2007, SEC.2.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-7. Dependent Children; Benefits

Sec. 7. (a) If a participant's spouse would have qualified for a benefit under section 6 of this chapter, but the spouse does not survive the participant, the dependent child of the participant is, upon the death of the participant, entitled to the same benefit the participant's spouse would have received under section 6 of this chapter.
(b) If a surviving spouse of a decedent participant dies while receiving benefits under section 6 of this chapter, and a dependent child of both the surviving spouse and the decedent participant survives them, that dependent child is entitled to receive the same benefit the spouse was receiving under section 6 of this chapter.
(c) If there is more than one (1) dependent child qualified for the benefit under subsection (a) or (b), the dependent children are entitled to share the monthly benefit equally.
(d) Each dependent child is entitled to receive the 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 (using disability guidelines established by the Social Security Administration), whichever period is longer.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-8. Manner of Payment; Application for Benefits; Termination

Sec. 8. (a) All benefits payable under this chapter shall be paid in equal monthly installments. The date on which payments begin must be the first day of a month and must be after the date on which the participant's service as a member of the general assembly is terminated.
(b) Retirement dates specified by a participant under sections 2, 4, and 5 of this chapter may not be more than six (6) months before the date the retirement application is received by the board.
(c) All applications for benefits under this chapter must be made on forms provided by the board.
(d) If a participant who is receiving retirement benefits under this chapter again becomes a member of the general assembly, the participant's retirement benefit shall stop. Upon the participant's subsequent retirement or death, the participant's benefits shall be recalculated on an actuarial basis, taking into account:
(1) benefit payments previously received; and
(2) the date of subsequent termination of employment as a member of the general assembly.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-9. Actuarial Valuation; Annual Determinations

Sec. 9. (a) Based on an actuarial valuation, the board shall annually determine:
(1) the normal contribution;
(2) the unfunded accrued liability of the defined benefit fund, which is the amount by which the defined benefit plan's total accrued liability exceeds the fund's total assets; and
(3) the payments necessary to amortize the unfunded accrued liability over a term determined by the board that does not exceed thirty (30) years.
(b) After June 30, 2018, the board shall segregate from its determination of the contribution under subsection (a) any amounts attributable to the estimated future postretirement benefit increases, thirteenth checks, or other benefit changes or adjustments granted by the general assembly after June 30, 2018.
As added by P.L.6-1989, SEC.1. Amended by P.L.111-2015, SEC.1; P.L.127-2018, SEC.2.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-10. Biennial Appropriations

Sec. 10. (a) For purposes of this chapter, there is appropriated for each biennium the following sums of money:
(1) From the state general fund, the amount required to actuarially fund participants' retirement benefits under this chapter, as determined by the board on the recommendation of an actuary.
(2) From the defined benefit fund, the amount required for administration of this chapter.
(b) The biennial appropriation provided in this section shall be credited to the defined benefit fund annually in equal installments in the month of July of each year of the biennium.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-11. Exemptions; Criminal Taking of State Property

Sec. 11. All benefits and assets in the defined benefit fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, a participant's benefits may be transferred to reimburse the state for loss resulting from the participant's criminal taking of state property if the board receives adequate proof of the loss. The loss must be proven by conviction of a felony or misdemeanor.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-12. Assignment of Benefits

Sec. 12. A participant or beneficiary may not assign any payment under this chapter except for:
(1) premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in whole or in part by a state agency; and
(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 legislators' defined benefit plan.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 4. Legislators' Defined Benefit Plan › 2-3.5-4-13. Benefit Increases Payable After June 30, 1992; Calculation

Sec. 13. Subject to IC 2-3.5-3-3(7), the monthly benefit payable under this chapter after June 30, 1992, to participants, survivors, and beneficiaries shall be increased by the same percentages and under the same conditions as monthly benefits are increased under IC 5-10.2-5 for members of the public employees' retirement fund and their survivors and beneficiaries.
As added by P.L.6-1992, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-1. Application

Sec. 1. This chapter applies to:
(1) each member of the general assembly who is serving on April 30, 1989, and who files an election under IC 2-3.5-3-1(b); and
(2) each member of the general assembly who is elected or appointed after April 30, 1989.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-2. Defined Contribution Fund; Content

Sec. 2. (a) The defined contribution fund consists of the following:
(1) Each participant's contributions to the fund.
(2) Contributions made to the fund on behalf of the participants under:
(A) section 5 of this chapter (before its repeal on January 1, 2009); or
(B) after December 31, 2008, section 5.5 of this chapter.
(3) Amounts transferred to the fund under subsections (b) and (c).
(4) All gifts, grants, devises, and bequests in money, property, or other form made to the fund.
(5) All earnings on investments or on deposits of the funds.
(6) All contributions or payments to the fund made in a manner provided by the general assembly.
(b) On any July 1 following the date a participant begins participation in the defined contribution fund, if the participant has been before that date a member of PERF, any amount in the PERF annuity savings account credited to the participant may at the participant's irrevocable option be transferred one (1) time to the defined contribution fund for the benefit of the participant. At no other time, if the participant continues or begins to participate in PERF, may such a transfer be made.
(c) On any July 1 following the date a participant begins participation in the defined contribution fund, if the participant has been before that date a member of TRF, the amount in the TRF annuity savings account credited to the participant may at the participant's irrevocable election be transferred one (1) time to the defined contribution fund for the benefit of the participant. At no other time, if the participant continues or begins to participate in TRF, may the transfer be made.
(d) Each participant shall be credited individually with:
(1) the participant's contributions to the fund under section 4 of this chapter, which shall be credited to the participant's account;
(2) the contributions made to the fund on behalf of the participant under:
(A) section 5 of this chapter (before its repeal on January 1, 2009); or
(B) after December 31, 2008, section 5.5 of this chapter;
which shall be credited to the participant's account;
(3) the amount transferred to the fund under subsections (b) and (c), which shall be credited to the participant's account; and
(4) the net earnings on the participant's accounts, determined under section 3 of this chapter.
As added by P.L.6-1989, SEC.1. Amended by P.L.195-1999, SEC.2 and P.L.205-1999, SEC.3; P.L.43-2007, SEC.2.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-3.5. Default Investment Option

Sec. 3.5. (a) After June 30, 2018, a participant may not make contributions to the board's general investment fund.
(b) For those participants who, as of December 31, 2018, have designated the board's general investment fund as the investment program to receive all or part of the contributions to the participant's account, the board shall designate as a substitute one (1) or more alternative investment programs that are to receive those contributions after December 31, 2018. The designation by the board of an alternative investment program to receive a participant's contributions under this subsection remains in effect until the participant makes another allowable designation.
(c) After December 31, 2018, if a participant has allocated all or part of the amount credited to the participant to the board's general investment fund, the board shall exchange the amount allocated to the board's general investment fund by the participant for an equivalent market value allocation to a target date fund determined by the rules of the board.
As added by P.L.179-2018, SEC.2.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-4. Participant Contributions to the Fund

Sec. 4. Each participant shall make contributions to the defined contribution fund of five percent (5%) of each payment of salary received for services after June 30, 1989. Contributions shall be deducted from the salary of each participant by the auditor of state. Contributions shall be credited to the fund on the June 30 following their deduction.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-5.5. Contributions Made to Defined Contribution Fund After 12/31/08; "Salary"; Time for Making Contributions; Determination of Contribution Percentage

Sec. 5.5. (a) This section applies to contributions to the defined contribution fund made by the state after December 31, 2008.
(b) This subsection applies after December 31, 2008. Notwithstanding IC 2-3.5-2-10, as used in this section, "salary" means the total of the following amounts paid to a participant by the state for performing legislative services in the year in which the amounts are paid, determined without regard to any salary reduction agreement established under Section 125 or Section 457 of the Internal Revenue Code:
(1) Salary.
(2) Business per diem allowance and allowances paid in lieu of the submission of claims for reimbursement (but excluding any allowances paid for mileage).
(3) Allowances paid to officers of the house of representatives and the senate.
(c) This subsection applies after December 31, 2008. The state shall make a contribution to the defined contribution fund on behalf of each participant on June 30 of each year. The amount of the contribution is determined by multiplying the participant's salary for that year by a percentage determined for that year by the board under subsection (d).
(d) This subsection applies after December 31, 2008. The board shall use the following rates in determining the percentage described in subsection (c):
(1) The rate of the state's normal contribution for its employees to PERF, as determined under IC 5-10.2-2-11.
(2) The rate at which the state makes contributions to annuity savings accounts on behalf of state employees who are members of PERF, as specified in IC 5-10.2-3-2 and IC 5-10.3-7-9.
(e) This subsection applies after December 31, 2008. The budget agency shall confirm the percentage determined by the board. The percentage confirmed by the budget agency may not exceed the total contribution rate paid that year by the state to PERF for state employees.
As added by P.L.43-2007, SEC.3. Amended by P.L.35-2012, SEC.9.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-6. Termination of Service; Withdrawal From the Fund

Sec. 6. (a) A participant who terminates service as a member of the general assembly is entitled to withdraw both the participant's employee contribution account and employer contribution account from the defined contribution fund. The withdrawal shall be made not later than the required beginning date under the Internal Revenue Code. The amount available for the withdrawal shall be the fair market value of the participant's accounts on the last day of the quarter preceding the date of withdrawal plus employee contributions deducted and employer contributions made since the last day of the quarter preceding the date of withdrawal.
(b) The withdrawal amount shall be paid in a lump sum, a partial lump sum, a monthly annuity as purchased by the board with the remaining amount, or a series of monthly installment payments over sixty (60), one hundred twenty (120), or one hundred eighty (180) months, as elected by the participant. The forms of annuity and installments shall be established by the board by rule, in consultation with the system's actuary. The board shall give participants information on these forms of payments and the effects of various dates of withdrawal.
(c) Subject to the Pension Protection Act of 2006 and notwithstanding any state law, after December 31, 2020, an active member who is at least fifty-nine and one-half (59 1/2) years of age may withdraw all or part of the amount in the member's account without separating from a covered position.
As added by P.L.6-1989, SEC.1. Amended by P.L.195-1999, SEC.4 and P.L.205-1999, SEC.5; P.L.13-2001, SEC.5; P.L.35-2012, SEC.10; P.L.51-2020, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-7. Death of Participant; Designated Beneficiaries; Surviving Spouse; Dependent Children

Sec. 7. (a) This section applies to a participant who dies while a member of the general assembly, or who dies after terminating service as a member of the general assembly and prior to withdrawing the participant's account from the defined contribution fund. The participant's employee contribution account and the participant's employer contribution account shall be paid to a beneficiary or the beneficiaries designated on a form prescribed by the board. The amount paid shall be the fair market value of the participant's accounts on the last day of the quarter preceding the date of payment, plus employee contributions deducted and employer contributions made since the last day of the quarter preceding the date of payment. If there is no properly designated beneficiary, or if no beneficiary survives the participant, the participant's accounts shall be paid to:
(1) the surviving spouse of the participant;
(2) if there is no surviving spouse, a surviving dependent or the surviving dependents of the participant; or
(3) if there is no surviving spouse and no surviving dependent, the estate of the participant.
(b) Amounts payable under this section shall be paid in a lump sum, a partial lump sum, a monthly annuity as purchased by the board with the remaining amount, or a series of monthly installment payments over sixty (60) months, as elected by the recipient. The forms of annuity and installments available shall be established by the board by rule, in consultation with the system's actuary.
As added by P.L.6-1989, SEC.1. Amended by P.L.195-1999, SEC.5 and P.L.205-1999, SEC.6; P.L.13-2001, SEC.6; P.L.35-2012, SEC.11.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-8. Biennial Appropriation

Sec. 8. (a) For purposes of this chapter, there is appropriated for each biennium the following sums of money:
(1) From the state general fund, the amount required to equal the contributions specified in:
(A) section 5 of this chapter (before its repeal on January 1, 2009); or
(B) after December 31, 2008, section 5.5 of this chapter.
(2) From the state general fund, the amount required for administration of this chapter.
(b) The biennial appropriation provided in this section shall be credited to the defined contribution fund annually in the month of July of each year of the biennium, based on the amounts specified in subsection (a).
As added by P.L.6-1989, SEC.1. Amended by P.L.43-2007, SEC.4.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-9. Exemptions; Criminal Taking of State Property

Sec. 9. All benefits and assets in the defined contribution fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, a participant's benefits may be transferred to reimburse the state for loss resulting from the participant's criminal taking of state property if the board receives adequate proof of the loss. The loss must be proven by conviction of a felony or misdemeanor.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-10. Assignment of Benefits

Sec. 10. A participant or beneficiary may not assign any payment under this chapter except for:
(1) premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in part by a state agency; and
(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 legislators' defined benefit plan.
As added by P.L.6-1989, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-11. Loans

Sec. 11. Before January 1, 2002, the board shall adopt rules establishing procedures for making loans to a participant from the participant's employee contribution account and employer contribution account within the defined contribution fund. Rules adopted under this section must comply with the requirements of Section 72(p) of the Internal Revenue Code and must apply to each participant in the plan, regardless of whether the participant is serving in the general assembly at the time of the loan. A loan made in accordance with rules adopted under this section is not considered the receipt of retirement benefits for purposes of IC 5-10-8-1.
As added by P.L.184-2001, SEC.1. Amended by P.L.35-2012, SEC.12.
2023 Indiana Code › Title 2. General Assembly › Article 3.5. Legislative Retirement Benefits › Chapter 5. Legislators' Defined Contribution Plan › 2-3.5-5-12. Rollover Distributions

Sec. 12. (a) To the extent permitted by the Internal Revenue Code and the applicable regulations, the fund may accept, on behalf of any active member, a rollover distribution from any of the following:
(1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.
(4) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.
(b) Any amounts rolled over under subsection (a) must be accounted for in a "rollover account" that is separate from the member's account.
(c) A member may direct the investment of the member's rollover account into any alternative investment option that the board may make available to the member's rollover account under section 3 of this chapter.
(d) A member may withdraw the member's rollover account from the fund in a lump sum at any time before retirement. At retirement, the member may withdraw the member's rollover account in accordance with the retirement options that are available for the member's account.
As added by P.L.61-2002, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 4. Legislative Investigations › Chapter 1. Investigations by General Assembly › 2-4-1-1. Subpoena Power; Production of Books and Records

Sec. 1. Whenever pursuant to a resolution of the general assembly or either house thereof and pursuant to the authority vested in the general assembly or either house thereof an investigation is instituted in aid of its proper legislative functions, the house of representatives or the senate, or any committee of either or of both of said houses to which the duty of said investigation shall be entrusted, shall have the power to subpoena witnesses, send for and compel the production of books, records, papers and documents.
Formerly: Acts 1937, c.57, s.1.
2023 Indiana Code › Title 2. General Assembly › Article 4. Legislative Investigations › Chapter 1. Investigations by General Assembly › 2-4-1-2. Subpoena and Other Process; Service

Sec. 2. All subpoenae and other processes issued by any such committee or by the general assembly shall be served by the chief doorkeeper of the house or the chief doorkeeper of the senate and shall be signed by the speaker of the house or the president of the senate. All such subpoenae and processes shall be returnable at such time as the committee may designate.
Formerly: Acts 1937, c.57, s.2.
2023 Indiana Code › Title 2. General Assembly › Article 4. Legislative Investigations › Chapter 1. Investigations by General Assembly › 2-4-1-3. Administration of Oaths

Sec. 3. The president of the senate, the speaker of the house or the chairman of the committee of the whole, or the chairman or any member of any committee of either the house or the senate of the general assembly of Indiana is empowered to administer oaths to witnesses in any case under their examination.
Formerly: Acts 1937, c.57, s.3.
2023 Indiana Code › Title 2. General Assembly › Article 4. Legislative Investigations › Chapter 1. Investigations by General Assembly › 2-4-1-4. Refusal to Appear or Answer; Offense

Sec. 4. A person who, having been summoned as a witness by the authority of either the house or senate of the general assembly of the state of Indiana, to give testimony or to produce papers upon any matter under inquiry before either the house or the senate or any committee of either the house or the senate, knowingly makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, commits a Class A misdemeanor.
Formerly: Acts 1937, c.57, s.4. As amended by Acts 1978, P.L.2, SEC.201.
2023 Indiana Code › Title 2. General Assembly › Article 4. Legislative Investigations › Chapter 2. Oaths to Witnesses Before Committees › 2-4-2-1. Administration of Oaths

Sec. 1. The chairman, or acting chairman for the time being, of any committee appointed by either house or by the joint action of the two (2) houses, of the general assembly of this state be and is hereby authorized to administer all oaths necessary to be administered to witnesses testifying or called to testify before such committee.
Formerly: Acts 1863, c.37, s.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-1. Creation; Membership

Sec. 1. There is hereby created a legislative council which shall be composed of sixteen (16) members of the general assembly as follows:
(a) From the senate: The president pro tempore, the minority leader, the majority caucus chairman, the minority caucus chairman, three (3) members appointed by the president pro tempore, and one (1) member appointed by the minority leader.
(b) From the house of representatives: The speaker of the house, the majority leader, the minority leader, the majority caucus chairman, the minority caucus chairman, two (2) members appointed by the speaker, and one (1) member appointed by the minority leader.
(c) The president of the senate may serve as an ex officio non-voting member of the council.
(d) The members of the council who serve by virtue of their office shall serve until their successors are selected.
(e) The appointed members shall serve from the date of their appointment until the next general election at which they run for reelection, or until the convening of the first regular session of the next general assembly, whichever is first to occur. The president pro tempore, speaker, and minority leaders shall appoint their members not later than five (5) days after the close of a first regular session of a general assembly.
As added by Acts 1978, P.L.5, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-2. Chairman and Vice-Chairman

Sec. 2. (a) The president pro tempore shall be chairman of the council beginning January 1 of odd-numbered years and vice-chairman beginning January 1 of even-numbered years.
(b) The speaker shall be chairman of the council beginning January 1 of even-numbered years and vice-chairman beginning January 1 of odd-numbered years.
As added by Acts 1978, P.L.5, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-3. Vacancies

Sec. 3. (a) The chairman shall fill any vacancy on the council in a position held by virtue of office. The person appointed shall be from the same house and party as the person whose position was vacated. In filling the vacancy, the chairman shall accept the recommendation of the ranking member on the council from the house and party affected. The replacement shall serve until his successor has been selected.
(b) Any vacancy in a position held by appointment shall be filled by the council member making the original appointment.
As added by Acts 1978, P.L.5, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-4. Meetings; per Diem and Expenses; Quorum

Sec. 4. (a) The council shall meet at the call of the chairman, and where he designates. Meetings of the council may also be called upon the written request of any seven (7) members and upon forty-eight (48) hours notice to the members of the council.
(b) The members of the council are entitled to receive the per diem of members of the general assembly for time spent in attendance at the meetings of such council. The members of the council are also entitled to be reimbursed for actual necessary expenses incurred while attending such meetings. Per diem and expenses of council members shall be paid from the appropriation of the council upon approval by the chairman.
(c) A majority of the entire membership of the council shall constitute a quorum. No action of the council shall be valid unless approved by at least nine (9) members.
(d) When the general assembly is in regular session, those persons who are members of the council by virtue of their office constitute a quorum of the council and may continue to exercise all rights, privileges, and powers, and to perform all duties of the council until their successors are appointed.
As added by Acts 1978, P.L.5, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-5. Powers of Council

Sec. 5. (a) The council may do any of the following:
(1) On its own initiative or at the direction of the general assembly or of the senate or house of representatives, study subjects of interest and concern, and based on such a study, recommend such legislation as the welfare of the state may require.
(2) Direct standing committees of the senate or house of representatives, or appoint committees and subcommittees subject to the authority of the council, to carry out studies on subjects of interest and concern.
(3) Recommend such codification and general revision of the constitution and the laws of the state as may from time to time be necessary.
(4) Require any officer or agency, board, commission, committee or other instrumentality of the state or of a political subdivision of the state to provide information bearing on subjects under consideration by the council or by standing committee or any of its committees or subcommittees.
(5) By an affirmative vote of two-thirds (2/3) of its members present and voting:
(A) administer oaths, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, documents and testimony and have the deposition of witnesses taken in the manner prescribed by law for taking depositions in civil actions bearing on subjects under consideration by the council or by any of its committees or subcommittees; and
(B) petition, through the presiding officer of the council, any circuit court, superior court, or probate court of the appropriate county for an order for compliance with any order or subpoenas issued under this section.
(6) Adopt such rules and procedures and organize such agencies as may be necessary or appropriate to carry out its duties.
(7) Receive appropriations and make allocations for the reasonable and necessary expenditures of the council and the standing and interim committees of the house of representatives, senate and general assembly.
(8) Enter into whatever contracts or other arrangements deemed by it to be necessary or appropriate to exercising its rights, privileges, and powers and performing its duties under this chapter and IC 2-6-1.5 and to carrying out the intent, purposes, and provisions of this chapter and IC 2-6-1.5.
(9) Do all other things necessary and proper to perform the functions of the legislative department of government and to carry out the intent, purposes and provisions of this chapter.
(b) The council may authorize its executive director to act on its behalf and with its authority on any matter of administration under this chapter and under IC 2-6-1.5, including executing and implementing any contract or other arrangement under which it agrees to be bound.
As added by Acts 1978, P.L.5, SEC.1. Amended by P.L.84-2016, SEC.2; P.L.64-2021, SEC.5; P.L.201-2023, SEC.46.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-6. Duties of Council

Sec. 6. The council shall:
(1) coordinate and assist the work of standing or interim committees, subcommittees or commissions appointed by the council or at the direction of the general assembly or of the senate or house of representatives;
(2) review the operations, budgetary practices and expenditures of all state agencies, including departments, boards, offices, commissions and political subdivisions;
(3) recommend such changes in the rules and procedures of the senate and house of representatives as may advance the consideration of legislation by the general assembly;
(4) work with the standing and interim committees, subcommittees and commissions of the general assembly or of the senate or house of representatives to assure efficient utilization of legislative services agency employees;
(5) publish such records, schedules, indexes and reports as the general assembly may require;
(6) arrange and contract for the printing of bills, enrolled acts, session laws, journals, the Indiana Code and supplements to the Indiana Code, the Indiana Administrative Code and supplements to the Indiana Administrative Code, the Indiana Register, and the miscellaneous printing needs, supplies and equipment of the council, legislative services agency, and the general assembly;
(7) provide adequate quarters and office space for all legislative activities;
(8) serve as the policy-making board for, and in general supervise the operation of, all staff services of the legislative services agency whether the general assembly is in or out of session;
(9) submit a report of its activities to the general assembly in an electronic format under IC 5-14-6 and to the governor; and
(10) do all other things necessary and proper to perform the functions of the legislative department.
As added by Acts 1978, P.L.5, SEC.1. Amended by P.L.28-2004, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-6.5. Annual Report Format; Agencies Covered

Sec. 6.5. (a) As used in this section, "agency" includes an agency, an authority, a board, a bureau, a commission, a committee, a department, a division, an institution, or other similar entity created or established by law.
(b) The council may, upon consultation with the governor's office, develop an annual report format taking into consideration, among other things, program budgeting, with the final format to be determined by the council. The format may be distributed to any agency. The agency shall complete and return a copy in an electronic format under IC 5-14-6 to the legislative council before September 1 of each year for the preceding fiscal year.
(c) The council shall provide for publication of annual reports submitted under this section on the general assembly's Internet web site.
(d) The reports are a public record and are open to inspection.
As added by Acts 1978, P.L.6, SEC.35. Amended by P.L.3-1990, SEC.5; P.L.11-1993, SEC.1; P.L.28-2004, SEC.2; P.L.217-2017, SEC.35; P.L.72-2018, SEC.2.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-7. Legislative Services Agency

Sec. 7. (a) The council shall maintain a bipartisan service and administrative agency for the general assembly to assist it in the performance of its constitutional responsibilities as a separate and independent legislative branch of state government. The service and administrative agency shall be known as the "Legislative Services Agency."
(b) In maintaining the legislative services agency the council shall:
(1) establish the qualifications for and employ such personnel as are required to carry out the purposes and provisions of this chapter;
(2) employ an executive director, to be charged with the administrative responsibility of all offices, departments, or divisions which the council may from time to time establish, and to serve as chief executive under the council;
(3) adopt rules and regulations governing personnel practices and establishing the rights, privileges, powers, and duties of all employees;
(4) provide for employees to be covered by the public employees' retirement fund; and
(5) establish a pay scale for all employees including the executive director.
Rules and regulations adopted by the council under subdivision (3) are not subject to IC 4-22-2. In those rules and regulations, the council may limit the political activity of legislative services agency employees.
(c) The executive director is entitled to serve as long as he properly performs his duties, but he may be removed at any time upon the affirmative vote of twelve (12) members of the council.
(d) The executive director may submit to the council such reports and drafts of resolutions, budgets, and appropriation bills as may be required for the efficient operation of the council's activities and programs.
(e) The legislative services agency shall perform such bill drafting, research, code revision, fiscal, budgetary, and management analysis, information, administrative, and other services as are requested by the council.
As added by Acts 1978, P.L.5, SEC.1. Amended by Acts 1982, P.L.7, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-7.5. Electronic Geographic Information System

Sec. 7.5. (a) For purposes of IC 5-14-3-4(b)(13), the work product of the legislative services agency includes an electronic geographic information system produced from data:
(1) gathered by the legislative services agency; and
(2) processed using proprietary software that has been licensed to the legislative services agency.
(b) This subsection applies to a public agency (as defined by IC 5-14-3-2) with access to the information described by subsection (a). A paper copy of a map that can be printed using the geographic information system described in subsection (a) must be available to any person under rules approved by the legislative council. Electronic copies of the information are available only under rules approved by the legislative council.
As added by P.L.251-1999, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-8. Reports to Council by Bodies Performing Official Legislative Business

Sec. 8. (a) All boards, commissions, and committees performing official legislative business between the regular sessions of the general assembly may be required to submit to the council progress reports and a final report. Such reports shall contain such information as the council may require and must be in an electronic format under IC 5-14-6.
(b) The budget committee of the state budget agency shall, upon request of the council, report to the council in an electronic format under IC 5-14-6 on the progress of its activities including an estimate of the revenues, an estimate of the surplus of revenues over expenditures, a report of current and projected expenditures and any other data which will enhance an understanding of the fiscal affairs of the state.
As added by Acts 1978, P.L.5, SEC.1. Amended by P.L.28-2004, SEC.3.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-11. Examination of State Board of Accounts

Sec. 11. The legislative council may examine the accounts, financial affairs, or performance of the state board of accounts. The examination is governed by IC 5-11. This examination may include a followup financial examination of a sample of those examined by the state board of accounts.
As added by P.L.3-1986, SEC.1.
2023 Indiana Code › Title 2. General Assembly › Article 5. Legislative Agencies and Study Committees › Chapter 1.1. Legislative Council › 2-5-1.1-12.1. Video or Audio Coverage of Legislative Sessions and Activities

Sec. 12.1. The legislative council may contract with the office of technology established by IC 4-13.1-2-1 or another public or private person to provide video or audio coverage, or both, over the Internet or another broadcast medium of any of the following:
(1) Sessions of the general assembly.
(2) Other legislative activities authorized by the legislative council.
As added by P.L.1-2002, SEC.1. Amended by P.L.177-2005, SEC.1.