reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-7.8. Repealed

As added by P.L.61-1989, SEC.2; P.L.333-1989(ss), SEC.2. Repealed by P.L.1-1990, SEC.60.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-7.9. Service Credits; Eligibility; Computation

Sec. 7.9. (a) This section applies to a person who is or was an employee of the office of a township executive in a county having a consolidated city.
(b) Except as provided in subsection (d), for the purposes of computing benefits and determining eligibility, a member who:
(1) has at least one (1) year of service in a position covered by the fund;
(2) became a member of the fund after December 31, 1987;
(3) was at least sixty (60) years of age when the member joined the fund; and
(4) was an employee of the state or a political subdivision participating in the fund, or both, before January 1, 1988;
is entitled to service credit as provided in subsection (c).
(c) A member who is qualified under subsection (b) is entitled to service credit for the time the member:
(1) was an employee of the state or a political subdivision participating in the fund, or both;
(2) was employed in a position covered by the fund; and
(3) was not a member of the fund.
(d) To receive service credit under this section, a member must pay into the fund the amount the member would have contributed if the member had been a member of the fund for the period described in subsection (c).
As added by P.L.1-1990, SEC.61.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-8. Other Service

Sec. 8. Other Service. The board may establish rules to govern the determination of service in cases not specifically provided for in this article or in IC 5-10.2-3.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-9. Member Contributions

Sec. 9. (a) This section:
(1) does not apply to a retired member who begins a period of reemployment in a covered position more than thirty (30) days after the member's retirement, except as provided in subdivision (2); or
(2) applies to the entire period of reemployment for a retired member of the public employees' retirement fund who, before July 1, 2013, begins a period of reemployment in a covered position.
(b) Each member shall contribute three percent (3%) of the member's compensation to the fund as specified in IC 5-10.2-3. However, for a member who is a state employee, the employer shall pay the contribution for the member, and for a member who is not a state employee, the employer may pay all or a part of the contribution for the member.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.41-1983, SEC.8; P.L.35-1985, SEC.22; P.L.55-1989, SEC.23; P.L.246-2001, SEC.11; P.L.195-2013, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-9.6. State Required to Make Certain Contributions

Sec. 9.6. (a) The state shall initiate the contributions required by section 9 of this chapter, as amended by P.L.35-1985, as part of salary and fringe benefit adjustments provided for state employees after June 30, 1986.
(b) The state shall initiate the contributions required by section 9 of this chapter for each governor, lieutenant governor, and attorney general elected or appointed to office after November 7, 1988.
(c) The state shall initiate, for compensation paid after June 30, 1987, the contributions required under section 9 of this chapter for the following persons whose compensation is paid in whole or in part from state funds:
(1) Prosecuting attorneys.
(2) Deputy prosecuting attorneys.
(3) Juvenile court referees and full-time magistrates appointed under IC 31-6-9-2 (before its repeal, now codified at IC 31-31-3).
(4) The master commissioners and full-time magistrates appointed under IC 33-4-1-2.1 (before its repeal, now codified at IC 33-33-2-3), IC 33-4-1-74.3 (before its repeal, now codified at IC 33-33-75-2), IC 33-4-1-75.1 (as amended by P.L.378-1987(ss), before its repeal, now codified at IC 33-33-71-3), and IC 33-4-1-82.1 (before its repeal, now codified at IC 33-33-82-3).
(5) The court commissioner and a full-time magistrate appointed under IC 33-5-29.5-7.1 (as amended by P.L.378-1987(ss), before its repeal, now codified at IC 33-33-45-10).
As added by P.L.220-2011, SEC.81. Amended by P.L.43-2021, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-10. Membership Records

Sec. 10. Each department shall submit to the board certified membership records containing the names, titles, rates of compensation, dates of birth, length of service, and other pertinent information required by the board about the department's employees. A department must submit the membership record to the board not more than thirty (30) days after the member's date of hire.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.195-1999, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-11. Payroll Preparation

Sec. 11. The director shall certify to the department the names of the employees for whom deductions or payments of contributions must be made. In the preparation of payrolls, each department shall indicate:
(1) the total compensation of each employee;
(2) the amount of each member's contribution; and
(3) the net amount payable to each member.
No compensation may be paid and no payroll may be processed unless the deduction or payment is made for members' contributions.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.41-1983, SEC.9; P.L.5-1990, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-12. Certification of Deductions; Transfer to Fund

Sec. 12. A certified copy of each department's payroll or an equivalent certified list of members shall be sent to the board together with a warrant issued by the department for members' contributions.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.41-1983, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-12.5. Reports, Records, or Membership Payments; Failure to Submit

Sec. 12.5. (a) An employer or department shall make the reports, membership records, or payments required by IC 5-10.3-6 or by sections 10 through 12 of this chapter:
(1) not more than thirty (30) days after the end of the calendar quarter, if applicable;
(2) by another due date specified in section 10 of this chapter; or
(3) by an alternate due date established by the rules of the board.
(b) If the employer or department does not make the reports, records, or payments within the time specified in subsection (a):
(1) the board may fine the employer or department one hundred dollars ($100) for each additional day that the reports, records, or payments are late, to be withheld under IC 5-10.3-6-7; and
(2) if the employer or department is habitually late, as determined by the board, the board shall report the employer or the department to the auditor of state for additional withholding under IC 5-10.3-6-7.
(c) An employer or department shall submit:
(1) the reports and records described in subsection (a) in a uniform format through a secure connection over the Internet or through other electronic means specified by the board in accordance with IC 5-10.2-2-12.5; and
(2) both:
(A) employer contributions determined under IC 5-10.2-2-11, IC 5-10.3-12-24, IC 5-10.3-12-24.5, or IC 5-10.3-12-24.7; and
(B) contributions paid by or on behalf of a member under section 9 of this chapter or IC 5-10.3-12-23;
by electronic funds transfer in accordance with IC 5-10.2-2-12.5.
As added by P.L.195-1999, SEC.25. Amended by P.L.165-2009, SEC.6; P.L.109-2015, SEC.22; P.L.241-2015, SEC.22; P.L.96-2020, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-13. Suspension of Membership; Withdrawal of Contributions

Sec. 13. Suspension of Membership; Withdrawal of Contributions. Each member who suspends his membership and withdraws his contributions plus interest credits is covered by IC 5-10.2-3.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-14. Governor's Waiver of Membership

Sec. 14. A governor who makes an irrevocable choice under IC 4-3-3-1.1 to receive a retirement benefit other than the retirement benefit from the fund under IC 5-10.2 and this article waives the governor's right to any pension benefit from the fund on and after the date of the governor's irrevocable choice. After the governor makes that irrevocable choice, the governor is entitled, as a member of the fund, to the contributions required under sections 9 and 9.6 of this chapter. The retirement and surviving spouse benefits for a governor are determined in accordance with IC 4-3-3.
As added by Acts 1980, P.L.9, SEC.4. Amended by P.L.92-2021, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 7. Membership; Creditable Service; Contributions; Withdrawal › 5-10.3-7-15. Reinstatements of Eligibility

Sec. 15. A person who has fifteen (15) or more years of creditable service in the fund and has withdrawn from the fund before reaching the age of sixty-five (65) years may apply for reinstatement of eligibility, if the person:
(1) makes the application before July 1, 1998, and within ninety (90) days after reaching the age of sixty-five (65) years; and
(2) demonstrates that further employment with an employer covered by the fund is impractical due to health or other conditions as determined by the board.
The board has the ultimate authority whether to grant reinstatements of eligibility.
As added by P.L.5-1997, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 13 of this chapter by P.L.191-2002 applies to monthly benefits payable by the public employees' retirement fund after December 31, 2002.
As added by P.L.220-2011, SEC.82.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-1. Conditions and Computation

Sec. 1. Retirement and Retirement Benefits. The conditions for a member's retirement and the computation of his retirement benefit are stated in IC 5-10.2-4.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-2. State Legislators; Average of Annual Compensation; Computation

Sec. 2. In computing the pension for a member of the general assembly, the average of the annual compensation is the highest compensation which the member received in any one (1) year while engaged in a position covered by the fund in state service, as a teacher, and in service with a political subdivision.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.381-1987(ss), SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-3. Retirement Benefit Options

Sec. 3. Retirement Benefit Options. A member may have his retirement benefits paid under the options specified in IC 5-10.2-4-7.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-4. Disability Retirement; Conditions; Computation

Sec. 4. Disability Retirement and Disability Retirement Benefit. The conditions for a member's disability retirement and the computation of his disability retirement benefit are stated in IC 5-10.2-4-6.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-5. Claims of Error

Sec. 5. A member may petition the board to correct an error in the determination of the member's:
(1) creditable service; or
(2) benefit;
at any time. The petition must contain the necessary information to sustain the member's claim of error. The board shall investigate the claim and, if error is found, shall order the member's records corrected. If no error is found and the member petitioned the board to correct the error within six (6) years after the determination of the member's creditable service or benefit, the member may appeal the board's decision under IC 4-21.5.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.99-2010, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-6. Death Settlements

Sec. 6. Death Settlements. The conditions for payments upon the death of a member before retirement are stated in IC 5-10.2-3.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-7. Re-Employment of Retired Members

Sec. 7. Re-employment of Retired Members. The re-employment of retired members is covered under IC 5-10.2-4.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-8. Payment of Retirement Benefit

Sec. 8. Except as provided under IC 5-10.2-4-7(f), the retirement benefit is payable in equal monthly installments. The benefit may not be increased, decreased, revoked or repealed except for error or by action of the general assembly.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.115-2009, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-9. Benefits Exempted From Legal Process; Reimbursement of Employers; Withholding Payments While Charges of Criminal Taking From Employer Pending

Sec. 9. (a) All benefits, refunds of contributions, and money in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, the member's contributions or benefits, or both, may be transferred to reimburse the member's employer for loss resulting from the member's criminal taking of the employer's property by the board if the board receives adequate proof of the loss. The loss resulting from the member's criminal taking of the member's employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.
(b) The board may withhold payment of a member's contributions and interest if the employer of the member notifies the board that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.
(c) The board may withhold payment of a member's contributions and interest under subsection (b) until the final resolution of the criminal charges.
(d) Subsections (b) and (c) do not apply to the:
(1) pension portion of the member's retirement benefit; or
(2) disability retirement benefit of a member who becomes disabled.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.28-1984, SEC.6; P.L.22-1993, SEC.5; P.L.15-2013, SEC.2; P.L.203-2019, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-10. Assignment of Benefits

Sec. 10. Assignment of Benefits. A member or a beneficiary may not assign any payment except for:
(1) premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in whole or in part by:
(A) a state agency; or
(B) any association that proves to the board's satisfaction that the association has as members at least twenty percent (20%) of the number of the retired members of the fund; and
(2) dues to any association which proves to the board's satisfaction that the association has as members at least twenty percent (20%) of the number of the retired members of the fund.
As added by Acts 1977, P.L.53, SEC.3. Amended by Acts 1980, P.L.28, SEC.9; P.L.12-2008, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-11. Federal Agricultural Employees; Federal and State Portions of Retirement or Disability Benefit; Limitations

Sec. 11. (a) The retirement or disability benefit (including the annuity) provided under this chapter at the date of retirement or disability to a member who:
(1) has been classified as a federal employee by the Secretary of Agriculture of the United States;
(2) was employed after July 1, 1955; and
(3) retires after December 31, 1978, and before July 1, 1987;
may not exceed at the date of retirement or disability, when added to his federal civil service benefit, seventy-four percent (74%) of the average of the annual compensation used in computing his benefit under this chapter. If the sum of his retirement or disability benefit and his federal civil service benefit does exceed seventy-four percent (74%), then the state pension portion of the benefit shall be reduced by the board so that the sum does not exceed that percent. In determination of the annual compensation under this section no more than two (2) tax supported retirement benefits shall be utilized. However, the annuity portion of the benefit may not be reduced by this subsection.
(b) The retirement or disability benefit (excluding the annuity) provided under this chapter at the date of retirement or disability to a member who:
(1) has been classified as a federal employee by the Secretary of Agriculture of the United States;
(2) was employed after July 1, 1955; and
(3) retires after June 30, 1987, and before July 1, 1995;
may not exceed at the date of retirement or disability, when added to the member's federal civil service benefit, eighty-five percent (85%) of the average of the annual compensation used in computing the member's benefit under this chapter. If the sum of the retirement or disability benefit (excluding the annuity) and the federal civil service benefit exceeds eighty-five percent (85%), the state pension portion of the benefit shall be reduced by the board so that the sum does not exceed that percent.
(c) The retirement or disability benefit (excluding the annuity) provided under this chapter at the date of retirement or disability to a member who:
(1) has been classified as a federal employee by the Secretary of Agriculture of the United States;
(2) was employed after July 1, 1955; and
(3) retires after June 30, 1995;
may not exceed at the date of retirement or disability, when added to the member's federal civil service benefit, one hundred percent (100%) of the average of the annual compensation used in computing the member's benefit under this chapter. If the sum of the retirement or disability benefit (excluding the annuity) and the federal civil service benefit exceeds one hundred percent (100%), the state pension portion of the benefit shall be reduced by the board so that the sum does not exceed that percent.
As added by Acts 1978, P.L.24, SEC.6. Amended by P.L.61-1987, SEC.3; P.L.10-1995, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-12. Stopping Member's Benefit Payments; Grounds; Limitations

Sec. 12. (a) The board may stop a member's, survivor's, or beneficiary's benefit if any of the following occur:
(1) The member does any of the following while receiving the benefit:
(A) Fails to report for a required examination, unless excused by the board.
(B) Disobeys the requirements of the board regarding the examination.
(C) Refuses to repay an overpayment of benefits.
(2) A survivor or beneficiary refuses to repay an overpayment of benefits while receiving the benefit or overpayment of benefits made to the member.
(3) The board has reasonable cause to believe:
(A) that the member, survivor, or beneficiary has died; or
(B) in the case of a member receiving disability benefits under IC 5-10.2-4-6, that the member no longer has a disability.
(b) Except as provided in subsection (c), if an overpayment under this section occurs, the board may not require a member, survivor, or beneficiary to pay more than twenty-five percent (25%) of their monthly benefit toward the overpayment.
(c) If the overpayment described in subsection (a):
(1) began before July 1, 2015; and
(2) was caused by no fault of the member, survivor, or beneficiary;
the board may only require a member, survivor, or beneficiary to pay the amount of the overpayment of benefits received during the six (6) years before the date that the Indiana public retirement system discovers the overpayment and attempts to notify the member, survivor, or beneficiary of the overpayment. If an overpayment subject to this subsection occurs, the board may not require a member, survivor, or beneficiary to pay more than ten percent (10%) of their monthly benefit toward the overpayment. The board may not use any method to collect an overpayment of benefits under this subsection other than those specified in this section.
As added by P.L.22-1993, SEC.6. Amended by P.L.99-2007, SEC.17; P.L.92-2021, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-13. Public Employees' Retirement Fund Benefits; Cost of Living Increase

Sec. 13. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable to a member of the fund (or to a survivor or beneficiary of a member of the fund) shall be increased beginning on January 1, 2003, by the lesser of:
(1) two percent (2%); or
(2) the annual cost of living adjustment computed under 42 U.S.C. 415 and published in the Federal Register in accordance with 42 U.S.C. 215(i)(2)(D).
(b) The increase described in subsection (a) is payable to a member of the fund (or to a survivor or beneficiary of a member of the fund) who has been retired or disabled for at least one (1) year on January 1, 2003.
As added by P.L.191-2002, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 8. Benefits › 5-10.3-8-15. Allocation of Benefits; Distribution of Death Benefit

Sec. 15. (a) The board may adopt rules to allow a member who designates more than one (1) beneficiary to allocate benefit shares in percentage increments.
(b) This subsection applies in the case of a member who dies after June 30, 2013. Notwithstanding a contrary collateral agreement, court order, process, attachment, or levy, the right to receive a death benefit under IC 5-10.2 or this article vests with the designated beneficiary on file with the fund at the time of the member's death. The fund shall distribute the death benefit to the designated beneficiary or the designated beneficiary's estate in accordance with IC 5-10.2 and this article.
As added by P.L.99-2010, SEC.5. Amended by P.L.15-2013, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 9. Administration of Other Retirement Plans › 5-10.3-9-1. Petitions; Requisites

Sec. 1. Petition for Administration. (a) The members of a retirement system, other than the Indiana state teachers' retirement fund, may petition the board to assume the administration of their retirement system if:
(1) the system was in existence on March 31, 1947; and
(2) the system is maintained by the state or a political subdivision.
(b) The petition must be signed by at least sixty percent (60%) of the members of the retirement system and must be approved by the employer of the members and the trustees or administrator of the system.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 9. Administration of Other Retirement Plans › 5-10.3-9-2. Actuarial Investigation; Audit of Accounts

Sec. 2. Actuarial Investigation and Audit of Accounts. After the board receives the petition:
(1) the actuary shall determine the actuarial soundness of the retirement system; and
(2) the state board of accounts shall audit the records and accounts of the retirement system.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 9. Administration of Other Retirement Plans › 5-10.3-9-3. Administration by Board

Sec. 3. Administration by the Board. After reviewing the actuarial investigation and audit, the board may choose to administer the plan as a trustee in compliance with the law which created the plan.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 9. Administration of Other Retirement Plans › 5-10.3-9-4. Advisory Board

Sec. 4. Advisory Board. The board of trustees or administrators of the retirement system shall act as advisors to the fund's director.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.5-1990, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 9. Administration of Other Retirement Plans › 5-10.3-9-7. Separate Records

Sec. 7. Separate Records. The board shall keep separate detailed records of the general or annuitant's reserve of each retirement system which it administers.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 9. Administration of Other Retirement Plans › 5-10.3-9-8. Limited Liability

Sec. 8. Limited Liability. The liabilities of a retirement system which is administered by the board are not liabilities of the fund, except as provided for in the agreement between the retirement system and the board.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 10. Construction of Codification › 5-10.3-10-1. Purpose

Sec. 1. Purpose of Codification. This article is intended to be a codification and restatement of applicable or corresponding provisions in prior law. A citation to prior law in the Indiana Code shall be construed as a citation to the appropriate provision of this article if the prior law is reenacted in the same or restated form by this article.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 10. Construction of Codification › 5-10.3-10-2. Headings

Sec. 2. Headings. The headings prefixed to sections of this article are included for organizational purposes and do not affect the meaning, application, or construction of the sections.
As added by Acts 1977, P.L.53, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-1. Creation; Administration; Revenues

Sec. 1. There is created within the public employees' retirement fund a separate account known as the pension relief fund. This fund is administered by the board of trustees of the Indiana public retirement system, referred to as the "state board" in this chapter. The pension relief fund consists of revenues received under IC 6-7-1-28.1(3), IC 7.1-4-12-1, any appropriations to the fund, and earnings on these revenues.
[Pre-Local Government Recodification Citation: 19-1-37.3-1.]
As added by Acts 1980, P.L.8, SEC.45. Amended by P.L.26-1996, SEC.3; P.L.23-2011, SEC.20; P.L.201-2023, SEC.81.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-2. Powers and Duties of State Board

Sec. 2. The state board shall:
(1) make payments from the pension relief fund;
(2) administer the pension relief fund in accordance with the powers and duties granted it in IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-6; and
(3) provide by rule and regulation for the implementation of this chapter.
[Pre-Local Government Recodification Citation: 19-1-37.3-2.]
As added by Acts 1980, P.L.8, SEC.45. Amended by P.L.35-2012, SEC.83.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-3. Payments to Units of Local Government; Restriction

Sec. 3. The pension relief fund may be used only for making payments to cities, counties, towns, and townships, referred to as "units of local government" in this chapter, having pension funds established under IC 18-1-12, IC 19-1-18, IC 19-1-24, IC 19-1-25-4, IC 19-1-30, IC 19-1-37, or IC 19-1-44 (all before their repeal), and paying reasonable administrative expenses approved by the state board. Payments received by the units may be used only for:
(1) pension payments from a pension fund listed in this section; or
(2) withdrawals under section 6 of this chapter.
[Pre-Local Government Recodification Citation: 19-1-37.3-3.]
As added by Acts 1980, P.L.8, SEC.45. Amended by P.L.182-2009(ss), SEC.74; P.L.27-2019, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-4. Certification of Information to State Board; Determination of Total Pension Payments

Sec. 4. (a) Monies from the pension relief fund shall be paid annually by the state board under the procedures specified in this section.
(b) Each year, before a date set by the state board, each unit of local government must certify to the state board:
(1) the amount of payments made during the preceding year for benefits under its pension funds covered by this chapter, referred to in this section as "pension payments";
(2) the data determined necessary by the state board to perform an actuarial valuation of the unit's pension funds covered by this chapter;
(3) the names required to prepare the list specified in subsection (c); and
(4) any other information that is necessary for the state board to make distributions to units under this chapter.
A unit is ineligible to receive a distribution under this section if it does not supply the complete information required by this subsection or a substantial amount of the information required if it is accompanied by an affidavit of the chief executive officer of the unit detailing the steps which have been taken to obtain the information and the reasons the complete information has not been obtained. The reporting requirement of this subsection is in addition to the reporting requirement of IC 5-11-20.
(c) Each year, before a date set by the state board, the state board shall prepare a list of all police officers and firefighters, active, retired, and deceased if their beneficiaries are eligible for benefits, who are members of a police or fire pension fund that was established before May 1, 1977. The list may not include police officers, firefighters, or their beneficiaries for whom no future benefits will be paid. The state board shall then compute the present value of the accrued liability to provide the pension and other benefits to each person on the list.
(d) Each year, before a date set by the state board, the state board shall determine the total pension payments made by all units of local government for the preceding year and shall estimate the total pension payments to be made to all units in the calendar year in which the July 1 occurs and in the following calendar year.
[Pre-Local Government Recodification Citation: 19-1-37.3-4 part.]
As added by Acts 1980, P.L.8, SEC.45. Amended by Acts 1982, P.L.39, SEC.1; P.L.25-1994, SEC.8; P.L.26-1996, SEC.4; P.L.38-2001, SEC.1; P.L.146-2008, SEC.35; P.L.47-2013, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-4.5. Repealed

As added by P.L.47-1988, SEC.1. Amended by P.L.55-1989, SEC.24; P.L.1-1994, SEC.19; P.L.118-2000, SEC.3. Repealed by P.L.146-2008, SEC.814.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-4.7. Distributions to Units of Local Government

Sec. 4.7. (a) In 2009 and each year thereafter, the state board shall distribute from the pension relief fund to each unit of local government the total amount of pension, disability, and survivor benefit payments from the 1925 police pension fund (IC 36-8-6), the 1937 firefighters' pension fund (IC 36-8-7), and the 1953 police pension fund (IC 36-8-7.5) to be made by the unit in the calendar year, as estimated by the state board under section 4 of this chapter.
(b) The state board shall make the distributions under subsection (a) in two (2) equal installments before July 1 and before October 2 of each year.
As added by P.L.38-2001, SEC.2. Amended by P.L.28-2006, SEC.1; P.L.234-2007, SEC.277; P.L.146-2008, SEC.36; P.L.115-2010, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-5. Annual Report

Sec. 5. At least annually the state board shall report in writing to each affected unit of local government the following information:
(1) The projected pension payments for the next twenty (20) years.
(2) The present value of the total future projected pension payments.
[Pre-Local Government Recodification Citation: 19-1-37.3-4 part.]
As added by Acts 1980, P.L.8, SEC.45. Amended by P.L.47-1985, SEC.7; P.L.26-1996, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 11. Pension Relief Fund › 5-10.3-11-6. Separate Accounts

Sec. 6. (a) The state board shall maintain separate accounts for each unit of local government for purposes of this section. The accounts are separate and distinct accounts within the public employees' retirement fund and the pension relief fund.
(b) A unit of local government may do the following:
(1) Make deposits at any time to the separate account established for the unit under this section.
(2) Withdraw once each year from the unit's separate account all or a part of the balance in the account to pay pension benefits under IC 36-8-6, IC 36-8-7, or IC 36-8-7.5.
(3) Direct the state board at any time to pay from the unit's separate account all or a part of either or both of the following:
(A) The unit's employer contributions under IC 36-8-8-6.
(B) The contributions paid by the unit for a member under IC 36-8-8-8(a).
As added by P.L.38-2001, SEC.3. Amended by P.L.146-2008, SEC.37; P.L.182-2009(ss), SEC.75.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-2. "Account"

Sec. 2. As used in this chapter, "account" means the plan account established for a member under section 21(b) of this chapter.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-3. "Annuity Savings Account"

Sec. 3. As used in this chapter, "annuity savings account" means the annuity savings account maintained under IC 5-10.2-2-2(a)(1).
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-4. "Board"

Sec. 4. As used in this chapter, "board" has the meaning set forth in IC 5-10.3-1-1.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-5. "Compensation"

Sec. 5. As used in this chapter, "compensation" has the meaning set forth in IC 5-10.2-3-2(a).
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-6. "Dies in the Line of Duty"

Sec. 6. As used in this chapter, "dies in the line of duty" has the meaning set forth in IC 5-10-11-2.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-7. "Effective Date"

Sec. 7. As used in this chapter, "effective date" means the first day of the month that is six (6) months after the month in which the Internal Revenue Service issues an approval of the plan.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-7.5. "Employees of the State"

Sec. 7.5. As used in this chapter, "employees of the state" has the meaning set forth in IC 5-10.3-7-1.
As added by P.L.241-2015, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-8. "Employer"

Sec. 8. As used in this chapter, "employer" means the state or a participating political subdivision.
As added by P.L.22-2011, SEC.2. Amended by P.L.241-2015, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-9. "Employer Contribution Subaccount"

Sec. 9. As used in this chapter, "employer contribution subaccount" means the subaccount in a member's plan account established under section 21(b)(2) of this chapter.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-10. "Fund"

Sec. 10. As used in this chapter, "fund" has the meaning set forth in IC 5-10.3-1-3.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-11. "Internal Revenue Code"

Sec. 11. As used in this chapter, "Internal Revenue Code" has the meaning set forth in IC 5-10.2-1-3.5.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-12. "Member"

Sec. 12. As used in this chapter, "member" means an individual who has elected or is required to participate in the plan.
As added by P.L.22-2011, SEC.2. Amended by P.L.241-2015, SEC.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-13. "Member Contribution Subaccount"

Sec. 13. As used in this chapter, "member contribution subaccount" means the subaccount in a member's plan account established under section 21(b)(1) of this chapter.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-14. "Normal Retirement Age"

Sec. 14. As used in this chapter, "normal retirement age" for a member means the member is at least sixty-two (62) years of age with at least five (5) years of participation in the plan.
As added by P.L.22-2011, SEC.2. Amended by P.L.66-2013, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-14.5. "Participating Political Subdivision"

Sec. 14.5. As used in this chapter, "participating political subdivision" means a political subdivision which is participating in the plan as specified in IC 5-10.3-6.
As added by P.L.241-2015, SEC.28.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-15. "Plan"

Sec. 15. As used in this chapter, "plan" refers to the public employees' defined contribution plan established by section 18 of this chapter.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-15.5. "Volunteer Fire Department"

Sec. 15.5. As used in this chapter, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
As added by P.L.96-2020, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-16. "Years of Participation"

Sec. 16. As used in this chapter, "years of participation" means periods of participation in the plan in a covered position, plus any additional service for which this chapter provides years of participation credit, except that the term excludes periods of participation in the plan in a covered position for service described in section 1(a)(7) of this chapter.
As added by P.L.22-2011, SEC.2. Amended by P.L.92-2021, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-17. Applicability of Other Laws

Sec. 17. Except as otherwise provided in this chapter or by federal law, and subject to the board obtaining the approval of the Internal Revenue Service as described in section 18(b) of this chapter, the provisions of IC 5-10.3 that apply to the annuity savings account apply to an account established under this chapter.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-18. Establishment and Administration of Plan; Internal Revenue Service Approval

Sec. 18. (a) The public employees' defined contribution plan is established for the purpose of providing amounts funded by an employer and a member for the use of the member or the member's beneficiaries or survivors after the member's retirement.
(b) The board shall adopt provisions to implement the plan established under subsection (a) as follows:
(1) The board shall initially offer the plan using the annuity savings account, subject to obtaining the approval of the Internal Revenue Service in a manner satisfactory to the board to preserve the qualified status of the plan and the fund. If, and while, the plan uses the annuity savings account as provided in this subdivision, the plan is a component within the fund.
(2) If the approval of the Internal Revenue Service to offer the plan using the annuity savings account cannot be obtained in a manner satisfactory to the board, the board shall offer the plan as a separate fund under Section 401(a) or another applicable section of the Internal Revenue Code.
(3) If the board initially offers the plan using the annuity savings account as provided under subdivision (1), the board may at any time afterwards convert the plan to a separate fund under Section 401(a) or another applicable section of the Internal Revenue Code. If the board converts the plan to a separate fund as provided under this subdivision, after the conversion the plan is not a component within the fund.
(c) The board shall administer the plan.
(d) The board may adopt a plan document that it considers appropriate or necessary to administer the plan.
As added by P.L.22-2011, SEC.2. Amended by P.L.27-2019, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-19. Authorization to Request Internal Revenue Service Rulings or Determination Letters

Sec. 19. The board may request from the Internal Revenue Service any rulings or determination letters that the board considers necessary or appropriate in order to implement or administer the plan.
As added by P.L.22-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10.3. The Public Employees' Retirement Fund › Chapter 12. Public Employees' Defined Contribution Plan › 5-10.3-12-20. Plan Membership; Election; Fund Membership

Sec. 20. (a) This section applies only to an individual who, on or after the effective date of the plan, becomes for the first time a full-time employee of the state in a position that would otherwise be eligible for membership in the fund under IC 5-10.3-7.
(b) An individual to whom this section applies may elect to become a member of the plan for all service credit that the member accrues in a covered position as an employee of the state. An election under this section:
(1) must be made in writing;
(2) must be filed with the board, on a form prescribed by the board; and
(3) is irrevocable.
(c) Except as provided in section 32(a) of this chapter, an individual who does not elect to become a member of the plan becomes a member (as defined in IC 5-10.3-1-5) of the fund for all service credit that the member accrues in a covered position as an employee of the state.
As added by P.L.22-2011, SEC.2. Amended by P.L.241-2015, SEC.29; P.L.209-2016, SEC.4.