reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-4. Deferred Compensation Committee; State Employees' Deferred Compensation Plan

Sec. 4. (a) The deferred compensation committee is established. The committee consists of five (5) persons appointed by the state board of finance as follows:
(1) Each member of the state board of finance shall appoint one (1) member to the committee.
(2) The remaining two (2) members:
(A) must be participants in the state employees' deferred compensation plan;
(B) may not be employees of the members of the state board of finance;
(C) must be from different political parties; and
(D) may not serve for more than two (2) consecutive three (3) year terms.
(b) The deferred compensation committee may annually elect a chairperson and a secretary.
(c) The deferred compensation committee may approve proposed investment products for the state employees' deferred compensation plan.
(d) All amounts deferred under the state employees' deferred compensation plan must be put into a trust for the exclusive benefit of plan participants, as required by Section 457(g) of the Internal Revenue Code. The deferred compensation committee is the trustee of the trust.
(e) The plan shall include appropriate provisions pertaining to its day to day operation providing for methods of electing to defer income, methods of changing the amount of income to be deferred, and such other provisions as may be appropriate. Notwithstanding IC 22-2-6-2, the plan may also include provisions for the use of automated voice response units and telephonic communications, on-line activities, and other technology for participant elections, directions, and services if the technology has sufficient capacity to record and store the elections and directions.
(f) The plan shall provide for the preparation and distribution, from time to time to all eligible employees, of pamphlets describing the plan and outlining the opportunities available to employees under the plan.
(g) The state board of finance shall extend the plan to any political subdivision which elects to utilize the state employees' deferred compensation plan for its employees as authorized in section 7(b)(2) or 7(b)(3) of this chapter.
(h) At least annually, the deferred compensation committee shall report to the state board of finance on the status of the state employees' deferred compensation plan, including any changes to the plan.
Formerly: Acts 1975, P.L.42, SEC.1. As amended by Acts 1977, P.L.51, SEC.2; Acts 1980, P.L.27, SEC.2; P.L.15-1998, SEC.2; P.L.184-2001, SEC.3; P.L.220-2005, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-4.5. Repealed

As added by P.L.217-2017, SEC.51. Amended by P.L.86-2018, SEC.13. Repealed by P.L.212-2018(ss), SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-5. State Employees' Deferred Compensation Plan; Contracts; Funding, Selection by Bidding; Review

Sec. 5. (a) The auditor of state shall provide for the administration of the state employees' deferred compensation plan. The auditor of state may, at the auditor of state's option, enter into a contract or contracts with an individual or individuals, incorporated or unincorporated organizations or associations, the state of Indiana, units of local government, agencies of the state or units of local government, or a group of such persons acting in concert, for the provision of all or part of the services involved in the administration of the plan. Participation in the plan shall be by a specific written agreement between each employee and the state which agreement shall provide for the deferral of such amount of compensation as requested by the employee. With each deferral of compensation, the employee shall receive a memorandum of the amount by which the employee's gross compensation is reduced by reason of the deferment of compensation, which amount shall not be included as a part of the employee's taxable compensation as to that period.
(b) The funding utilized under the state employees' deferred compensation plan shall have been reviewed and selected by the deferred compensation committee based on a competitive bidding process as established by such specifications deemed appropriate by the deferred compensation committee. Nothing in this section shall be construed as requiring a limitation on the number and variety of funding contracts which may be selected as a result of this bidding process.
(c) In no case shall funding of the state employees' deferred compensation plan be made except through persons or companies authorized and duly licensed by this state and applicable federal regulatory agencies to offer such funding programs.
Formerly: Acts 1975, P.L.42, SEC.1. As amended by Acts 1977, P.L.51, SEC.3; Acts 1980, P.L.27, SEC.3; P.L.15-1998, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-6. Obligations of State or Political Subdivision

Sec. 6. The state or political subdivision under a deferred compensation plan shall be obligated at any point in time solely for the then current market value of the funding theretofore made.
Formerly: Acts 1975, P.L.42, SEC.1. As amended by P.L.15-1998, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-7. Participation by Political Subdivisions

Sec. 7. (a) Any political subdivision (as defined in IC 36-1-2-13) may establish for its employees a deferred compensation plan. The plan shall be selected by the governing body of the political subdivision, which in the case of a unit subject to IC 36-1-3 shall be done by ordinance. Participation shall be by written agreement between each employee and the governing body of the political subdivision, which agreement provides for the deferral of compensation and subsequent administration of such funds.
(b) For funding such agreements, the governing body of the political subdivision may:
(1) designate one (1) of its agencies or departments to establish and administer such plans and choose such funding as deemed appropriate by the agency or department, which may include more than one (1) funding product;
(2) extend the state employees' deferred compensation plan to employees of the political subdivision, subject to the terms and conditions of the state employees' deferred compensation plan as it is established from time to time; or
(3) offer both a plan described in subdivision (1) and the plan described in subdivision (2).
(c) This section does not limit the power or authority of any political subdivision to establish and administer other plans deemed appropriate by the governing bodies of such subdivisions, including plans established under section 1(2) of this chapter.
Formerly: Acts 1975, P.L.42, SEC.1. As amended by Acts 1977, P.L.51, SEC.4; Acts 1980, P.L.27, SEC.4; P.L.42-1988, SEC.2; P.L.15-1998, SEC.5; P.L.220-2005, SEC.3; P.L.1-2006, SEC.93.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-7.3. Matching Funds

Sec. 7.3. (a) Any political subdivision (as defined in IC 36-1-2-13) that elects to use the state employees' deferred compensation plan for its employees as authorized in section 7(b)(2) or 7(b)(3) of this chapter also may elect to participate in the state's defined contribution plan established by section 1.5 of this chapter for the purpose of matching all or a specified portion of the political subdivision's employees' contributions to the deferred compensation plan.
(b) Participation in the state's defined contribution plan described in subsection (a) shall be authorized by the governing body of the political subdivision, which in the case of a unit subject to IC 36-1-3 shall be done by ordinance.
(c) Contributions by a political subdivision to the state's defined contribution plan described in subsection (a) for the purpose of matching all or a specified portion of employee contributions are limited to the amount of appropriations made each year for that purpose.
(d) The political subdivision is obligated at any particular time only for the current market value of the funding previously made to the state's defined contribution plan described in subsection (a).
(e) This section does not limit the power or authority of any political subdivision to establish and administer any other plans considered appropriate by the governing body of the political subdivision, including plans established under section 1(2) of this chapter.
As added by P.L.184-2001, SEC.4. Amended by P.L.220-2005, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-8. Supplemental Effect of Chapter

Sec. 8. This chapter shall be supplemental and in addition to all other laws. The powers and duties given to the state and its political subdivisions in this chapter shall be in addition to those given by any other law and shall not be subject to the limitations set out in the other law.
Formerly: Acts 1975, P.L.42, SEC.1. As amended by P.L.136-2018, SEC.32.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.1. Public Employees Deferred Compensation Plans › 5-10-1.1-9. Amounts to Be Held for Exclusive Benefit of Participants and Beneficiaries

Sec. 9. All amounts held under any deferred compensation plan established under this chapter must be held for the exclusive benefit of participants of the plan and their beneficiaries, as required by Section 457(g) of the Internal Revenue Code.
As added by P.L.15-1998, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.7. Retirement Plan Investments › 5-10-1.7-1. Retirement Plans Covered

Sec. 1. (a) The retirement plans covered by this chapter are:
(1) The state excise police, gaming agent, gaming control officer, and conservation officers' retirement plan, established under IC 5-10-5.5.
(2) The public employees' retirement fund, established under IC 5-10.3-2.
(3) The trust fund and pension trust of the department of state police, established under IC 10-12-2.
(4) The Indiana state teachers' retirement fund, established under IC 5-10.4-2.
(5) The Indiana judges' retirement fund, established under IC 33-38-6.
(6) The police officers' and firefighters' pension and disability fund established under IC 36-8-8-4.
(b) As used in this chapter, "board" means both of the following:
(1) The board of trustees of the Indiana public retirement system.
(2) The board of trustees of the state police pension trust.
As added by Acts 1982, P.L.35, SEC.1. Amended by P.L.19-1986, SEC.5; P.L.2-2003, SEC.23; P.L.98-2004, SEC.64; P.L.170-2005, SEC.10; P.L.2-2006, SEC.13; P.L.227-2007, SEC.50; P.L.35-2012, SEC.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 1.7. Retirement Plan Investments › 5-10-1.7-2. Housing and Community Development Authority Mortgage-Backed Bonds or Notes

Sec. 2. In addition to any other investment power given to a board, a board may invest as much of its trust funds as are not required for current disbursements in mortgage-backed bonds or notes issued by the Indiana housing and community development authority under IC 5-20-1.
As added by Acts 1982, P.L.35, SEC.1. Amended by P.L.41-1983, SEC.2; P.L.1-2006, SEC.94 and P.L.181-2006, SEC.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-0.1. Application of Certain Amendments; Payment Options for a Survivor of a Participant Who Dies in the Line of Duty Between January 31, 2018, and April 1, 2020

Sec. 0.1. (a) As used in this section, "plan" refers to the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan established by section 2 of this chapter.
(b) The following amendments to this chapter apply as follows:
(1) The addition of section 7.5 of this chapter by P.L.180-2007 applies after June 30, 2007, to active participants of the plan.
(2) The amendments made to section 8 of this chapter by P.L.180-2007 apply after June 30, 2007, to active participants of the plan.
(3) The amendments made to sections 10, 11, and 12 of this chapter by P.L.180-2007 apply to participants of the plan who retire after June 30, 2007.
(4) The amendments made to sections 7 and 13.5 of this chapter by P.L.180-2007 apply to participants of the plan who become disabled after June 30, 2007.
(5) The addition of section 22 of this chapter by P.L.128-2008 applies only to a participant in the plan who is in active service after June 30, 2008.
(6) The amendments made to sections 9 and 10 of this chapter by P.L.128-2008 apply only to a participant in the plan who is in active service after June 30, 2008.
(7) The amendments made to section 22 of this chapter during the 2020 regular session of the general assembly apply only to a participant who:
(A) enters the DROP, before, on, or after June 30, 2020; and
(B) dies after June 30, 2020.
(c) Notwithstanding any other law, if a participant dies in the line of duty after January 31, 2018, and before April 1, 2020, and a survivors' benefit is paid under section 17(b) of this chapter to the participant's survivor, either:
(1) the survivor may repay the full amount distributed under section 17(b) of this chapter and the board shall provide the full annual survivors' allowance allowed under section 16.6 of this chapter; or
(2) the board may adjust the amount of the full annual survivors' allowance allowed under section 16.6 of this chapter to account for any amount distributed under section 17(b) of this chapter.
As added by P.L.220-2011, SEC.64. Amended by P.L.6-2020, SEC.1; P.L.133-2020, SEC.12; P.L.145-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-1. Definitions

Sec. 1. The following definitions apply throughout this chapter, unless the context clearly denotes otherwise:
(1) "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.
(2) "Average annual salary" means the average annual salary of an officer during the five (5) years of highest annual salary in the ten (10) years immediately preceding an officer's retirement date, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code.
(3) "Board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.
(4) "Commission" means the alcohol and tobacco commission.
(5) "Department" means the Indiana department of natural resources.
(6) "Dies in the line of duty" means death that occurs as a direct result of personal injury or illness caused by incident, accident, or violence that results from any action that the participant, in the participant's capacity as an officer:
(A) is obligated or authorized by rule, regulation, condition of employment or service, or law to perform; or
(B) performs in the course of controlling or reducing crime or enforcing the criminal law.
The term includes a death presumed incurred in the line of duty under IC 5-10-13 for an officer who is an Indiana state excise police officer or an Indiana state conservation enforcement officer.
(7) "Interest" means the rate of interest specified by rule by the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.
(8) "Officer" means any Indiana state excise police officer, any Indiana state conservation enforcement officer, any gaming agent, or any gaming control officer.
(9) "Participant" means any officer who has elected to participate in the retirement plan created by this chapter.
(10) "Public employees' retirement act" means IC 5-10.3.
(11) "Public employees' retirement fund" refers to the public employees' retirement fund created by IC 5-10.3-2.
(12) "Salary" means the total compensation, exclusive of expense allowances, paid to any officer by the department or the commission, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code.
(13) Other words and phrases when used in this chapter have the meanings set forth in IC 5-10.3-1.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.25-1986, SEC.27; P.L.5-1992, SEC.3; P.L.4-1992, SEC.5; P.L.204-2001, SEC.10; P.L.170-2005, SEC.11; P.L.227-2007, SEC.51; P.L.16-2011, SEC.1; P.L.23-2011, SEC.3; P.L.6-2012, SEC.25; P.L.35-2012, SEC.23; P.L.6-2020, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-2. Creation; Investment of Plan Assets

Sec. 2. (a) There is hereby created a state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan to establish a means of providing special retirement, disability and survivor benefits to employees of the department, the Indiana gaming commission, and the commission who are engaged exclusively in the performance of law enforcement duties.
(b) The assets of the retirement plan created by this section may be commingled for investment purposes with the assets of other funds administered by the board.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.170-2005, SEC.12; P.L.227-2007, SEC.52; P.L.193-2016, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-3. Management; Confidentiality of Retirement Plan Records

Sec. 3. (a) The management administration of the retirement plan created by this chapter is hereby vested in the board.
(b) Records of individual participants in the retirement plan created by this chapter and participants' information are confidential, except for the name and years of service of a retirement plan participant.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.94-2004, SEC.3; P.L.23-2011, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-3.5. Administration of Retirement Plan Consistent With Americans With Disabilities Act

Sec. 3.5. The state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act.
As added by P.L.4-1992, SEC.6. Amended by P.L.170-2005, SEC.14; P.L.227-2007, SEC.54.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-4. Participants' Saving Fund; Creation

Sec. 4. (a) A participants' savings fund is hereby created. This fund shall be maintained by the board as a trust fund, separate and distinct from all other entities for the purpose of securing payment of benefits to participants and their survivors, as provided in this chapter.
(b) The participants' savings fund shall consist of the following:
(1) each participant's contributions to the fund;
(2) all gifts, grants, devises and bequests in money, property, or other form which may be made to the fund;
(3) all interest on investments or on deposits of the fund;
(4) all contributions or payments to the fund made in any manner provided by the general assembly, including appropriations from the general fund of the state; and
(5) any funds transferred to the fund from the public employees' retirement fund under the provisions of section 6 of this chapter.
(c) Within the participants' savings fund established by subsection (a), the board shall maintain a supplemental allowance reserve account for the purpose of paying postretirement benefit adjustments, including postretirement benefit increases, thirteenth checks, and other benefit changes or adjustments granted by the general assembly after June 30, 2018, to participants of the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan. The account consists of:
(1) amounts allotted to the account by the board from amounts transferred to the Indiana public retirement system under IC 4-30-16-3;
(2) amounts appropriated or transferred to the account by the general assembly;
(3) contributions from employers under IC 5-10.2-12-3; and
(4) donations, gifts, bequests, and devises made to the account.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.127-2018, SEC.4; P.L.136-2018, SEC.33.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-5. Participants; Eligibility

Sec. 5. (a) Every person who is an officer on September 2, 1971, shall become a participant, unless the officer files a written notice of his election not to participate with the board within twenty (20) days prior to September 2, 1971.
(b) Every person who becomes an officer after September 2, 1971 shall become a participant as a condition of his employment.
(c) Any officer who elects not to become a participant shall thereafter be forever ineligible to become a participant.
Formerly: Acts 1972, P.L.1, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-6. Transfer of Funds to Savings Fund

Sec. 6. (a) Upon election to become a participant by any officer who is a member of the public employees' retirement fund, the board shall transfer all funds standing to the credit of the electing officer in the public employees' retirement fund to the participants' savings fund created by this chapter.
(b) Except as otherwise provided in this chapter, a transfer of funds under the provisions of subsection (a) of this section constitutes a full and complete discharge of all of the rights of the electing officer under the public employees' retirement fund.
Formerly: Acts 1972, P.L.1, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-7. Transfer of Creditable Service; Credit During Disability

Sec. 7. (a) Upon election to become a participant by any officer who is a member of the public employees' retirement fund, the board shall transfer all creditable service standing to the credit of the electing officer under the public employees' retirement fund to the credit of the electing officer under the retirement plan created by this chapter.
(b) Creditable service under this chapter, including credit for military service, shall accrue and be computed and credited to participants in the same manner and in the same amount as creditable service accrues, is computed and credited under the public employees' retirement law.
(c) In addition to creditable service computed under subsection (b), a participant is entitled to receive creditable service under this chapter for the time the participant receives disability benefits under a disability plan established under IC 5-10-8-7.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.180-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-8. Contributions; Rate; Payroll Deductions; Employer Pick-Up of Contributions

Sec. 8. (a) Except as provided in subsection (c), every participant shall contribute four percent (4%) of the participant's annual salary to the participants' savings fund.
(b) Contributions shall be made in the form of payroll deductions from each and every payment of salary received by the participant. Every participant shall, as a condition precedent to becoming a participant, consent to the payroll deductions.
(c) An employer may pay all or a part of the contributions for the participant. All contributions made by an employer under this subsection shall be treated as pick-up contributions under Section 414(h)(2) of the Internal Revenue Code.
(d) After December 31, 2011, an employer shall submit the contributions paid by or on behalf of a participant under this section by electronic funds transfer in accordance with section 8.5 of this chapter.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.180-2007, SEC.3; P.L.13-2011, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-8.5. Submission of Contributions, Reports, and Records Electronically

Sec. 8.5. (a) This section applies to reports, records, and contributions submitted after December 31, 2011.
(b) As used in this section, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f).
(c) An employer shall submit through the use of electronic funds transfer:
(1) employer contributions, determined by the board, to fund the retirement, disability, and survivor benefits described in this chapter; and
(2) contributions paid by or on behalf of a participant under section 8 of this chapter.
(d) An employer 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.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-9. Retirement Provisions

Sec. 9. (a) Except as provided in subsection (b), every participant is required to retire on the first day of the month following the participant's sixty-fifth birthday.
(b) An officer who becomes a participant after becoming fifty (50) years of age is required to retire on the earlier of:
(1) the first day of the month following the participant's sixty-fifth birthday; or
(2) the first day of the month following the completion of fifteen (15) years of service.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.38-1986, SEC.1; P.L.55-1987, SEC.1; P.L.55-1989, SEC.2; P.L.128-2008, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-10. Retirement Allowance

Sec. 10. (a) Benefits provided under this section are subject to section 2.5 of this chapter.
(b) The annual retirement allowance of a participant, payable in equal monthly installments beginning on the participant's normal retirement date, shall be a percentage of the participant's average annual salary, such percentage to be twenty-five percent (25%) increased by one and two-thirds percent (1 2/3%) of the participant's average annual salary for each completed year of creditable service more than ten (10) years. However, the annual retirement allowance computed under this subsection may not exceed seventy-five percent (75%) of the participant's average annual salary.
(c) The annual retirement allowance shall cease with the last monthly payment prior to the death of the participant.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.55-1989, SEC.3; P.L.180-2007, SEC.4; P.L.128-2008, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-11. Early Retirement

Sec. 11. (a) Any participant who has attained the age of forty-five (45) years and has accrued at least fifteen (15) years of creditable service may retire and become eligible for benefits as provided in section 12(a) of this chapter.
(b) If:
(1) a participant is at least fifty-five (55) years of age; and
(2) the sum of the participant's years of creditable service and age in years equals at least eighty-five (85);
the participant may retire and become eligible for benefits as provided in section 12(b) of this chapter.
(c) A participant who:
(1) is at least fifty (50) years of age; and
(2) has accrued at least twenty-five (25) years of creditable service;
may retire and become eligible for benefits under section 12(b) of this chapter.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.10-1995, SEC.2; P.L.180-2007, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-12. Early Retirement Allowance; Monthly Installments

Sec. 12. (a) The amount of annual retirement allowance payable in equal monthly installments to a participant who retires under section 11(a) of this chapter (relating to early retirement) shall be determined in accordance with section 10 of this chapter (relating to normal retirement). However, the amount of annual retirement allowance otherwise payable upon early retirement shall be reduced by one-quarter percent (1/4%) for each full month that the date of early retirement precedes the attainment of the participant's sixtieth birthday.
(b) The amount of annual retirement allowance payable in equal monthly installments to a participant who retires under section 11(b) or 11(c) of this chapter (relating to early retirement) shall be determined in accordance with section 10 of this chapter (relating to normal retirement).
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.10-1995, SEC.3; P.L.180-2007, SEC.6; P.L.3-2008, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-12.5. Repealed

As added by P.L.56-1987, SEC.1. Repealed by P.L.25-1994, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-12.7. Determinations by Board of Trustees; Impairment Standards; Transcripts, Reports, Records, and Other Materials

Sec. 12.7. (a) Upon a petition from a participant, the department, or the commission, the board of trustees of the Indiana public retirement system, or its designee, shall make the determinations required by section 13 of this chapter and shall also determine:
(1) the degree of impairment of any officer determined to have a disability; and
(2) whether the disability arose in the line of duty (as defined in section 13.5 of this chapter).
(b) The impairment standards contained in the United States Department of Veterans Affairs Schedule for Rating Disabilities in effect at the time the application for disability benefits is filed with the board of trustees shall be used to determine the degree of impairment.
(c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated as a result of a hearing, a review, or an appeal conducted under this chapter to determine the existence of a disability, the cause of a disability, or the degree of impairment shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
As added by P.L.56-1987, SEC.2. Amended by P.L.1-1990, SEC.57; P.L.4-1992, SEC.7; P.L.25-1994, SEC.1; P.L.99-2007, SEC.12; P.L.35-2012, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-13. Permanent or Temporary Disability

Sec. 13. Any participant who becomes permanently or temporarily disabled from performing all suitable and available work on the force for which he is or may be capable of becoming qualified, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, shall be entitled to disability benefits in the amount provided by this chapter. Benefits may not be provided under this section for any disability:
(1) resulting from an intentionally self-inflicted injury or attempted suicide while sane or insane;
(2) resulting from the member's commission or attempted commission of a felony; or
(3) which begins within two (2) years after a member's entry or reentry into active service on the force and which was caused or contributed to by a mental or physical condition which manifested itself before the member entered or reentered active service.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by Acts 1981, P.L.48, SEC.1; P.L.56-1987, SEC.3; P.L.4-1992, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-13.5. Disability Occurring After June 30, 1987; Presumption for Line of Duty Disability; Monthly Benefits

Sec. 13.5. (a) This section applies to participants whose disability occurred after June 30, 1987.
(b) Benefits provided under this section are subject to section 2.5 of this chapter.
(c) As used in this section, a disability is to be considered to have arisen in the line of duty if the disability is the direct result of:
(1) a personal injury that occurs while the participant is on duty; or
(2) a personal injury that occurs while the participant is off duty and responding to an offense or an emergency or a reported offense or emergency;
or if the disability is presumed incurred in the line of duty under IC 5-10-13.
(d) A participant whose disability arose in the line of duty is entitled to a monthly benefit equal to the participant's monthly salary on the date of disability multiplied by the degree of impairment (expressed as a percentage impairment of the person as a whole). However, the monthly benefit under this subsection must be at least:
(1) twenty percent (20%) of the participant's monthly salary on the date of the disability if the participant has more than five (5) years of service; or
(2) ten percent (10%) of the participant's monthly salary on the date of the disability if the participant has five (5) or fewer years of service.
(e) A participant whose disability did not arise in the line of duty is entitled to a monthly benefit equal to one-half (1/2) of the participant's monthly salary on the date of disability multiplied by the degree of impairment (expressed as a percentage of the person as a whole). However, the monthly benefit under this subsection must be at least:
(1) ten percent (10%) of the participant's monthly salary on the date of the disability if the participant has more than five (5) years of service; or
(2) five percent (5%) of the participant's monthly salary on the date of the disability if the participant has five (5) or fewer years of service.
(f) A participant who is receiving a disability benefit under subsection (d) is entitled:
(1) to receive a disability benefit for the remainder of the participant's life; and
(2) to have the participant's benefit recomputed under section 10 of this chapter (relating to normal retirement) when the participant becomes sixty (60) years of age.
As added by P.L.56-1987, SEC.4. Amended by P.L.55-1989, SEC.4; P.L.185-2002, SEC.1; P.L.180-2007, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-14. Disability Occurring Before July 1, 1987; Allowance; Monthly Installments; Cessation

Sec. 14. (a) Benefits provided under this section are subject to section 2.5 of this chapter.
(b) This subsection applies to participants who were disabled before July 1, 1987. Any participant eligible to receive disability benefits under section 13 of this chapter is entitled to an annual disability allowance payable in equal monthly installments and equal to a percentage of his average annual salary determined in accordance with the provisions of section 10(a) of this chapter (relating to normal retirement).
(c) Payment of disability benefits shall begin with the month next succeeding the month in which the participant is determined to be disabled and shall cease:
(1) with the last payment prior to the participant's death; or
(2) with the last payment before the time the participant is no longer disabled;
whichever occurs first. However, after becoming forty-five (45) years of age, a participant receiving a disability benefit may request that the disability benefit payments cease and that any retirement benefit for which the participant is eligible begin.
(d) If a member receives disability or retirement benefits from another state funded pension fund, he is not entitled to receive disability benefits under this section.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by Acts 1977, P.L.2, SEC.4; Acts 1981, P.L.48, SEC.2; P.L.56-1987, SEC.5; P.L.55-1989, SEC.5; P.L.41-1991, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-15. Surviving Mothers, Fathers, Spouses, or Unmarried Children; Eligibility for Benefits

Sec. 15. (a) This subsection applies to participants who die before February 1, 2018. Surviving mothers, fathers, surviving spouses or unmarried children under the age of eighteen (18) years, of participants who have accrued at least fifteen (15) years of creditable service and who die, shall be entitled to receive survivors' benefits in the amount provided in this chapter. Survivors' benefits shall be paid to such of the above enumerated persons as the participant shall nominate by written direction duly acknowledged and filed with the board.
(b) This subsection applies to participants who die after January 31, 2018. Only surviving mothers, fathers, surviving spouses, or unmarried children under the age of eighteen (18) years of participants who die are eligible to receive survivors' benefits in the amount provided by this chapter. Survivors' benefits shall be paid to those eligible persons whom the participant nominates by written direction duly acknowledged and filed with the board.
Formerly: Acts 1972, P.L.1, SEC.1; Acts 1975, P.L.21, SEC.2. As amended by P.L.136-2018, SEC.34; P.L.6-2020, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-16.3. Survivors' Benefits; Other Than Line of Duty Death After January 31, 2018; Amount

Sec. 16.3. (a) This section applies to:
(1) an active participant, regardless of the participant's years of creditable service; and
(2) an inactive participant with at least fifteen (15) years of creditable service;
who dies other than in the line of duty after January 31, 2018.
(b) Benefits provided under this section are subject to section 2.5 of this chapter.
(c) A surviving mother or father nominated by the participant to receive survivors' benefits under the provisions of this chapter is entitled to an annual survivors' allowance for life equal to fifty percent (50%) of the amount to which the participant would have been entitled if the participant had retired with twenty-five (25) years of service at fifty (50) years of age.
(d) A surviving spouse nominated by the participant to receive survivors' benefits under the provisions of this chapter is entitled to an annual survivors' allowance equal to fifty percent (50%) of the amount to which the participant would have been entitled if the participant had retired with twenty-five (25) years of service at fifty (50) years of age. A survivors' allowance payable to a surviving spouse under this subsection ends with the last payment before the surviving spouse's death.
(e) An eligible surviving child who is nominated by the participant to receive survivors' benefits under this chapter is entitled to an annual survivors' allowance equal to fifty percent (50%) of the amount to which the participant would have been entitled if the participant had retired with twenty-five (25) years of service at fifty (50) years of age. If more than one (1) eligible surviving child is nominated to receive survivors' benefits, the annual survivors' allowance shall be divided equally between or among the eligible surviving children who were nominated to receive survivors' benefits. A survivors' allowance to a child ends when the child attains the age of eighteen (18) years or marries, whichever occurs first. If a survivors' allowance is divided between or among more than one (1) child, and payments to one (1) or more children receiving the survivor's allowance cease because of the age, marriage, or death of the child, the total annual survivors' allowance payable under this subsection shall be divided evenly among or between the surviving children, if any, who remain eligible to receive the survivors' allowance.
As added by P.L.6-2020, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-16.6. Survivors' Benefits; Line of Duty Death After January 31, 2018; Amount

Sec. 16.6. (a) This section applies to participants who die in the line of duty after January 31, 2018.
(b) Benefits provided under this section are subject to section 2.5 of this chapter.
(c) A surviving mother or father nominated by the participant to receive survivors' benefits under the provisions of this chapter is entitled to an annual survivors' allowance for life equal to one hundred percent (100%) of the amount to which the participant would have been entitled if the participant had retired with twenty-five (25) years of service at fifty (50) years of age.
(d) A surviving spouse nominated by the participant to receive survivors' benefits under the provisions of this chapter is entitled to an annual survivors' allowance equal to one hundred percent (100%) of the amount to which the participant would have been entitled if the participant had retired with twenty-five (25) years of service at fifty (50) years of age. A survivors' allowance payable to a surviving spouse under this subsection ends with the last payment before the surviving spouse's death.
(e) An eligible surviving child who is nominated by the participant to receive survivors' benefits under this chapter is entitled to an annual survivors' allowance equal to one hundred percent (100%) of the amount to which the participant would have been entitled if the participant had retired with twenty-five (25) years of service at fifty (50) years of age. If more than one (1) eligible surviving child is nominated to receive survivors' benefits, the annual survivors' allowance shall be divided equally between or among the eligible surviving children who were nominated to receive survivors' benefits. A survivors' allowance to a child ends when the child attains the age of eighteen (18) years or marries, whichever occurs first. If a survivors' allowance is divided between or among more than one (1) child, and payments to one (1) or more children receiving the survivor's allowance cease because of the age, marriage, or death of the child, the total annual survivors' allowance payable under this subsection shall be divided evenly among or between the surviving children, if any, who remain eligible to receive the survivors' allowance.
As added by P.L.6-2020, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 5.5. State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan › 5-10-5.5-17. Lump Sum Refund of Contributions or Payments

Sec. 17. (a) Any participant whose employment as an officer is terminated before accumulating fifteen (15) years of creditable service and is not receiving a disability benefit under this chapter shall be entitled to a lump-sum refund of all contributions standing to the participant's credit in the participants' savings fund plus accumulated interest thereon.
(b) This subsection applies to participants who die before February 1, 2018. If a participant dies before accumulating fifteen (15) years of creditable service, all contributions standing to the participant's credit in the participants' savings fund plus the accumulated interest thereon shall be paid by the board to the person the participant shall nominate by written direction duly acknowledged and filed with the board. The payment may be in the form of a lump sum or a series of payments, at the discretion of the board.
(c) If a participant dies before accumulating fifteen (15) years of creditable service and has nominated no beneficiary, or in the event that the participant's nominee predeceases the participant, all contributions standing to the participant's credit in the participants' savings fund, plus accumulated interest thereon shall be paid by the board to the estate of the deceased participant. The payment may be in the form of a lump sum or a series of payments, at the discretion of the board.
(d) If a participant terminates the participant's employment after accumulating fifteen (15) years of creditable service, but before becoming eligible for any benefits under this chapter, no refund of contributions and interest shall be allowed. In such case, the participant's contributions shall be retained by the board until the participant becomes eligible for benefits. At that time, benefits shall be paid to, or on behalf of the participant in the same manner and in the same amount as all similar benefits are paid.
Formerly: Acts 1972, P.L.1, SEC.1. As amended by P.L.6-2020, SEC.7; P.L.32-2021, SEC.8.