reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-1 - Withholding of benefit payment

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4
Sec. 1.
Benefit payments may be withheld under any of the following
				  circumstances:
(1) Order of the
				board.
(2) To offset the
				overpayment of benefits to a member or beneficiary until the overpayment is
				repaid to the fund.
(3) Pending
				investigation after three (3) consecutive monthly benefit checks have been
				returned by the United States Postal Service as undeliverable.
(4) After notification of a member's
				death.
(5) Pursuant to court
				order.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-1 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-1 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-2 - Bank accounts

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-2-14; IC 5-10.4-5-14
Sec. 2.
Neither the member nor the member's authorized agent may
				  instruct the fund to directly deposit benefit payments to a trust or a bank
				  account that does not permit the member or the member's authorized agent access
				  to the funds so held.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-2 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-2 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-3 - Direct deposit

Current through July 10, 2024
Authority: IC 5-10.2-2-1; IC 5-10.5-4-2
Affected: IC 5-10.2-4-1.2
Sec. 3.
(a) It is the
				policy of TRF that direct deposit is the preferred method for monthly benefit
				distributions to members and beneficiaries. Except as provided below, monthly
				benefit distributions shall be made by direct deposit.
(b) A member or beneficiary who does not wish
				to have direct deposit may request a waiver of the requirement on a form
				approved by TRF.
(c) The reason for
				requesting the waiver must be designated on the form. TRF shall grant a member
				or beneficiary's waiver for any of the reasons enumerated in IC
				5-10.2-4-1.2(c).
(d) TRF may grant
				a waiver when it is determined that the facts of a particular case warrant the
				waiver of the requirement of direct deposit.
(e) A member or beneficiary who is in pay
				status as of July 1, 2009, and is receiving monthly benefits in a manner other
				than direct deposit shall not have the monthly benefit stopped for receiving
				monthly benefits in a manner other than direct deposit.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-2.2 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-3 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-4 - Administrative review and appeals of staff action

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 4-21.5-3-5; IC 4-21.5-3-28; IC 5-10.4-2-1; IC
				  5-10.5
Sec. 4.
(a) The
				purpose of this rule is to establish procedures to process petitioner appeals
				of TRF staff action, determinations, or decisions referred to as "staff action"
				in accordance with and pursuant to the Indiana Administrative Orders and
				Procedures Act (Act), IC 4-21.5-3.
(b) Pursuant to IC 4-21.5-3-28, the executive
				director (ED) as the board's delegate is the ultimate authority and has set
				forth the following review process to be followed before a final order is
				issued:
(1) TRF will issue an initial
				determination of its response to a questioned action.
(2) The initial determination will be sent by
				certified mail to the stakeholder with a summary of the member's right to
				administrative review.
(3) Pursuant
				to IC 4-21.5-3-5, the petitioner will have fifteen (15) days from receipt of
				TRF's initial determination to appeal in writing.
(4) Upon receipt by TRF a copy of the appeal
				will be sent to the administrative law judge (ALJ) assigned to the
				matter.
(5) The assigned ALJ may
				set a prehearing conference to discuss issues of discovery and motions for
				summary judgment and to determine a briefing schedule.
(6) If an evidentiary hearing is required,
				TRF will provide space which is equipped with a recording device to conduct the
				hearing or engage a court reporter to make a record of the hearing if
				necessary.
(7) Once the ALJ has
				entered a decision and recommended order, the petitioner will have fifteen (15)
				days to object to the ALJ's decision.
(8) The ED will make a final determination to
				affirm, modify, or dissolve the ALJ's order. The executed final order will be
				mailed by certified mail to the ALJ and petitioner.
(9) The petitioner has thirty (30) days from
				receipt of the final order to petition a court of jurisdiction for judicial
				review.
(10) If no petition for
				judicial review is filed within the thirty (30) day time period, the file is
				closed.
(11) This rule shall be
				interpreted to conform to the Act and shall be implemented pursuant to and in
				accordance with the Act.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-5 - Benefit payments pending appeal

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4; IC 5-10.4-5-9; IC 34-13-1-6
Sec. 5.
(a) A member
				who elects to exercise the right to appeal an adverse decision issued by TRF
				may receive benefit payments less the disputed amount while the matter is
				pending. Should the matter be resolved in the member's favor, future benefits
				will be adjusted accordingly and a lump-sum payment for past benefits due shall
				be issued within sixty (60) days. If, however, the necessary information has
				not been provided or was delayed, the sixty (60) day period will be extended
				accordingly.
(b) Whenever, by final
				decree or judgment, a sum of money is adjudged to be due to a person, the
				judgment shall draw an annual rate of interest as described in IC 34-13-1-6.
				The fund shall not pay prejudgment interest.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-3 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-5 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-6 - Estimate of future benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4; IC 5-10.4-5-9
Sec. 6.
(a) The fund
				shall provide written estimates of future retirement benefits to a member upon
				request by the member in a manner prescribed by the board.
(b) The calculation is only an estimate, and
				a final calculation will be rendered upon a vested member's retirement from
				service or death, whichever is earlier.
(c) Estimates are provided as a courtesy, and
				the fund accepts no liability in the event of error.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-4 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-6 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-7 - Interest credited to annuity savings and rollover accounts

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-2-4; IC 5-10.2-3-10; IC
				  5-10.4-4-13
Sec. 7.
(a)
				Contributions to the annuity savings account received by the fund that have not
				been allocated by the member will be credited to the guaranteed fund.
(b) Contributions to a rollover account
				established under IC 5-10.2-3-10 that have not been allocated by the member
				shall be credited to the money market fund.
(c) Notwithstanding subsection (a), once TRF
				engages the services of a record keeper, and said record keeper is authorized
				to perform daily valuation services and other such services as required and
				necessary to effectuate this subsection, contributions to the annuity savings
				account received by the fund that have not been allocated by the member will be
				credited to a target date fund established for the annuity savings
				account.
(d) Notwithstanding
				subsection (b), once TRF engages the services of a record keeper, and said
				record keeper is authorized to perform daily valuation services and other such
				services as required and necessary to effectuate this subsection, contributions
				to the rollover savings account received by the fund that have not been
				allocated by the member will be credited to a target date fund established for
				the rollover savings account.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-6 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-7 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-8 - ASA valuation

Current through July 10, 2024
Authority: IC 5-10.2-2-1; IC 5-10.2-2-3; IC 5-10.5-4-2
Affected: IC 5-10.2-3; IC 5-10.2-4
Sec. 8.
(a) A member
				may direct an allocation in the amount credited to the member among the
				guaranteed program and any available alternative accounts subject to the
				following conditions.
(b) TRF shall
				allow a member to make a change or selection at least once a day. TRF shall
				implement the member's selection the same day the selection is received by TRF,
				unless such selection is received after 4:00 p.m. EST on a business day, or
				anytime on a weekend or holiday, or any other date the New York Stock Exchange
				is closed, then TRF will implement the member's selection beginning the next
				business day after the selection is received. This date is the effective date
				of the member's selection.
(1) A member may
				select any combination of the guaranteed program or any of the available
				alternative accounts in one percent (1%) increments.
(2) A member's selection remains in effect
				until a new selection is made.
(3)
				On the effective date of a member's selection, TRF's record keeper shall
				reallocate the member's existing balance or balances in accordance with the
				member's direction, based on:
(A) for an
				alternative investment program balance, the market value on the effective date;
				and
(B) for any guaranteed program
				balance, the account balance on the effective date.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-9 - Undistributed income

Current through July 10, 2024
Authority: IC 5-10.4; IC 5-10.5-4-2
Affected: IC 5-10.4-2-6
Sec. 9.
After complying with IC 5-10.4-2-6(a)(1), TRF shall
				  distribute any remaining undistributed income reserve on a pro rata basis,
				  based on the balance at the beginning of the accounting period which shall be
				  at least quarterly, to all remaining reserve accounts within the pre-1996
				  account and the 1996 account.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-6.4 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-9 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-10 - Definition of compensation

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4-3; IC 5-10.4-5-6
Sec. 10.
(a) Subject
				to subsection (b), "basic salary" or "annual compensation" means all
				compensation that is included as gross income as reported on the member's W-2
				for covered service by a covered employer, plus the amounts stated in IC
				5-10.2-4-3 that are not paid directly to the member.
(b) Unless otherwise required by law, a
				licensed teacher employed by a school corporation as a teacher and who under a
				standard teacher contract or separate contract is also employed to provide
				extracurricular student activities, those activities being generally described
				as voluntary activities sponsored by the school, for student involvement in
				public performances, contests, athletic competitions, demonstrations, displays,
				and club activities, is performing covered employment and compensation for such
				employment is included as basic salary.
(c) Compensation of not more than two
				thousand dollars ($2,000) pursuant to and in accordance with IC 5-10.2-4-3(e)
				may be used in the total annual compensation from which the average of the
				annual compensation is determined.
(d) A member's basic salary or annual
				compensation must be certified by an official of the employing unit who has
				knowledge of and access to the records. A member may not certify his or her
				basic salary or annual compensation.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-7 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-10 ) by P.L. 23-2011, SECTION
					 22, effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-11 - Jury duty

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4-3
Sec. 11.
Payments to members arising out of jury duty may be included
				  as compensation. The payments shall be handled in either of the following
				  ways:
(1) The employing unit may pay
				the teacher the difference between the jury duty pay and the teacher's basic
				salary.
(2) The teacher may turn
				over jury duty pay to the employing unit, and the employing unit will then pay
				the teacher the full basic salary.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-8 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-11 ) by P.L. 23-2011, SECTION
					 22, effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-12 - Worker's compensation and sick leave

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4-3
Sec. 12.
(a) Unless
				otherwise provided in law and subject to subsections (b) through (d),
				creditable service shall be earned by a member injured during the scope of his
				or her employment and paid benefits under the Workmen's Compensation Act or the
				State Personnel Act; however, no service credit shall be given for a period of
				time during which TRF or PERF disability benefits were paid.
(b) The combination of worker's compensation
				and sick leave payments made by the employing unit may not exceed the member's
				basic salary.
(c) The member must
				pay to the fund the statutory contributions out of the amounts received
				pursuant to worker's compensation.
(d) The employing unit must provide written
				verification of the facts surrounding the payment of worker's compensation
				benefits and the amount of the member's basic salary.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-9 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-12 ) by P.L. 23-2011, SECTION
					 22, effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-13 - Overpayment of benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.4-3-8
Sec. 13.
If a member, survivor, or beneficiary receives an overpayment
				  of retirement benefits due to an administrative error, failure to inform the
				  fund of reemployment, or any other reason, the member, survivor, or beneficiary
				  has an obligation to repay the erroneous payments to the
				  fund.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-2-10 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-2-13 ) by P.L. 23-2011, SECTION
					 22, effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-14 - Disclaimer of interest in benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.4; IC 32-17.5
Sec. 14.
(a) A member
				or beneficiary may disclaim in whole or part an interest in the benefits or
				assets held by TRF of which the member or beneficiary is otherwise entitled
				pursuant to the Uniform Disclaimer of Property Act (Act) and in accordance with
				this rule.
(b) A disclaimer made
				under the Act is not a transfer, an assignment, or a release.
(c) The disclaimer shall be in writing,
				titled "Disclaimer", identifying the interest to be disclaimed, and signed by
				the disclaimant.
(d) Any interest
				disclaimed in accordance with this rule shall pass as if the disclaimant had
				died immediately before the time of the distribution and such disclaimer is
				irrevocable once delivered to TRF.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 2 - Administrative Matters › Section 2-15 - Member name changes

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.4-4-1
Sec. 15.
TRF may accept member name changes from the member's employer
				  on behalf of the member for administration of TRF business in a form and manner
				  prescribed by TRF that includes a certification from the employer that the name
				  change has been verified by the employer and supported with a copy of a
				  marriage certificate, divorce decree, or other court order filed with the
				  employer.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-1 - Suspension of membership; withdrawal of contributions

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-5; IC 5-10.2-3-6; IC 5-10.4-4-13
Sec. 1.
No withdrawal of the member's contributions shall be made
				  when the member is currently under a contract to serve in a covered position,
				  while in active service, or on an approved leave of absence from such a
				  position. A withdrawal may proceed only after the member's employing unit has
				  verified that the member is no longer employed and advised the fund of the
				  termination date. Employer verification is not required whenever more than one
				  (1) year lapses from the date of the member's separation from employment and
				  contributions to the fund cease. An application for voluntary withdrawal of
				  contributions submitted by the member is an affirmation by the member that the
				  member has separated from employment.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-1 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-1 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-2 - Membership following the withdrawal of contributions

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-6.5; IC 5-10.4-4-13
Sec. 2.
(a) Except as
				provided under IC 5-10.2-3-6.5, a member is not entitled to receive benefits
				after membership is suspended and the amount held in the annuity savings
				account withdrawn unless the member returns to covered employment in Indiana
				and remains employed for at least one-half (1/2) year.
(b) Should the fund become aware that a
				member has reemployed in a covered position within thirty (30) days after
				having requested the withdrawal and if no withdrawal distribution has been
				made, the fund will not make the withdrawal distribution and the suspension of
				membership shall be automatically deferred and the member shall not be eligible
				for such refund. The member shall notify the fund immediately upon accepting
				such employment.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-2 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-2 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-3 - Reinstatement of creditable service after suspension of membership

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-5; IC 5-10.2-3-6; IC 5-10.4-4-13
Sec. 3.
A member who returns to active service after suspension of
				  membership shall receive credit for prior service when the member is reemployed
				  in a covered position for at least one-half (1/2) year.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-3 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-3 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-4 - Repayment after withdrawal

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-5; IC 5-10.4-4-13
Sec. 4.
A member who has withdrawn the assets held in an annuity
				  savings account shall not be permitted to repay the assets in order to
				  establish eligibility for a benefit.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-4 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-4 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-5 - Automatic distribution of ASA assets

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-5; IC 5-10.2-3-6
Sec. 5.
(a) Whenever
				a member is suspended pursuant to IC 5-10.2-3-5(c), the fund shall conduct an
				investigation to locate the member.
(b) Reasonable costs of locating the member
				may be charged against the member's ASA.
(c) Pursuant to IC 5-10.2-3-6(d), whenever a
				valid address can be determined for the member, the fund shall automatically
				make a lump-sum distribution to the member from the member's ASA not to exceed
				one thousand dollars ($1,000).
(d)
				Contemporaneously with the distribution, the fund shall serve notice to the
				member explaining the reason for the distribution.
(e) Pursuant to IC 5-10.2-3-6(b), if the
				member is not located and does not claim his monies within five (5) years after
				suspension, the monies shall be credited to the fund and the fund shall retain
				the monies until the member or the member's beneficiary claims them with no
				further interest credits or earnings after the monies are credited to the
				fund.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-5 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-5 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-6 - Unclaimed ASA assets within dormant accounts

Current through July 10, 2024
Authority IC 5-10.2-2-1; IC 5-10.5-4-2
Affected: IC 5-10.2-2-3; IC 5-10.2-2-4
Sec. 6.
(a) Whenever
				a vested member's account has received no contributions for a period of twenty
				(20) years and it has been determined by TRF that the member is otherwise age
				and service eligible to receive a benefit, the fund may conduct an
				investigation to locate the member.
(b) Reasonable costs of locating the member
				or the member's beneficiary may be charged against the member's ASA.
(c) If the member or the member's beneficiary
				is not located after an investigation to locate the member, the monies in the
				member's ASA shall be credited to the fund and the fund shall retain the monies
				until the member or the member's beneficiary claims the monies with no further
				interest credits or earnings after the monies are credited to the
				fund.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-6 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-6 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-7 - De minimis accounts

Current through July 10, 2024
Authority: IC 5-10.2-2-1; IC 5-10.5-4-2
Affected: IC 5-10.2-3-6; IC 5-10.4-4
Sec. 7.
(a) If after
				suspension, retirement, retirement for disability, death withdrawal, or other
				withdrawal, an inactive member's ASA account balance is below the de minimis
				amount as such amount is determined by TRF, TRF may close the member's account
				and credit the residual amount to the fund without further notice.
(b) A member or the member's beneficiary may
				claim the amount credited to the fund and the account may be adjusted for
				gains, losses, or interest earnings unless otherwise limited by statute by
				petitioning TRF in writing.
(c) If
				the credited amount is from a suspended member's account, no gains or earnings
				shall be credited to the member's account in accordance with IC
				5-10.2-3-6.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-6.5 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-7 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 3 - Suspension of Membership › Section 3-8 - De minimis overpayments

Current through July 10, 2024
Authority: IC 5-10.2-2-1; IC 5-10.5-4-2
Affected: IC 5-10.2-3-6; IC 5-10.4-4
Sec. 8.
If an active, inactive, retired, retired for disability,
				  suspended, or deceased member's ASA account is below the de minimis amount as
				  determined within 550 IAC 2-1-2.7, TRF may elect to not collect the overpayment
				  from the member.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-3-7 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-3-8 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 4 - Membership › Section 4-1 - Membership in the fund

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-2; IC 5-10.4-4-1; IC 5-10.4-4-11; IC
				  20-24-1-4; IC 20-31-9-4; IC 20-31-9.5-7
Sec. 1.
(a)
				Membership in the fund shall be compulsory for all teachers licensed by the
				Indiana state board of education or its successor who are regularly employed
				pursuant to a uniform or supplemental teaching contract to perform educational
				or administrative services in the public schools of the state of Indiana.
				Licensed substitute teachers who have at least an associate's degree and who
				have taught at least one hundred twenty (120) days in any one (1) school year
				or at least sixty (60) days in any two (2) school years are also required to
				become members of the fund. Required contributions must be paid to the fund for
				each covered teacher.
(b)
				Membership in the fund is compulsory for employees of the fund, and all
				licensed teachers regularly employed in state educational institutions
				supported solely by the state who devote their entire time to teaching or in
				state benevolent, charitable, or correctional institutions. Required
				contributions must be paid to the fund.
(c) Membership is optional for regularly
				contracted faculty and professional staff at Ball State University, Indiana
				State University, University of Southern Indiana, and Vincennes University who
				are designated as eligible by the board. The universities shall petition the
				board before new teachers are given the opportunity to join the fund. Both
				employer and employee contributions must be paid to the fund.
(d) Membership in the fund is optional for
				employees and officials of a governing body and the Indiana state board of
				education who were licensed as teachers by the Indiana state board of education
				or the Indiana professional licensing agency prior to their election or
				appointment. Required contributions must be made to the fund.
(e) Membership in the fund is optional for
				teachers employed by charter schools as defined by IC 20-24-1-4.
(f) Pursuant to IC 20-31-9.5-7, teachers
				licensed by the Indiana state board of education or the Indiana professional
				licensing agency employed by special management teams established under IC
				20-31-9-4 may be enrolled as participants of the fund by filing enrollment
				forms approved by TRF. Required contributions must be made to the
				fund.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-4-1 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-4-1 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 4 - Membership › Section 4-2 - Service in a dual position

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-2; IC 5-10.4-3-8; IC 5-10.4-4-11
Sec. 2.
Whenever an individual is employed by the same employer in a
				  position which requires the performance of covered and noncovered service,
				  contributions shall be paid from the portion of the annual compensation
				  attributable to the covered service.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-4-2 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-4-2 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 4 - Membership › Section 4-3 - Teacher aides and higher education graduate assistants

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.4-4-2
Sec. 3.
Teacher aides and higher education graduate assistants are
				  not eligible for membership in the fund.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-4-4 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-4-3 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-1 - One day of service credit

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.4-4-2; IC 5-10.4-4-7
Sec. 1.
(a) For
				purposes of IC 5-10.4-4-2, a member is entitled to one (1) day of service
				credit when the member engages in covered service for a standard work day or
				any fraction thereof.
(b)
				Creditable service does not include sick leave, vacation leave, or personal
				leave unless service credit for such leave is granted pursuant to IC
				5-10.4-4-7.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-1 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-1 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-2 - Omitted contributions

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-2; IC 5-10.4-4-11; IC 5-10.4-7-3; IC
				  5-10.4-7-4
Sec. 2.
(a) In any
				case where the employing unit has failed to report and forward the requisite
				contributions, service credit will not be granted until the member and/or the
				employer remits the full amount due.
(b) If a member's annual compensation is
				retroactively increased through court judgment or order, settlement of a claim,
				or some other means, contributions shall be deducted at the time the member
				receives the money even though it is attributable to other years.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-2 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-2 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-3 - Make-up days

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-1; IC 5-10.2-4-3; IC 5-10.4-4-2
Sec. 3.
When make-up days are required at the conclusion of the
				  school year due to school closings for snow, power failures, or other
				  unforeseeable circumstances, the last official work day will be the make-up day
				  and not the last day actually paid.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-4 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-3 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-4 - Credit for military service

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.4-4-8
Sec. 4.
(a) For
				purposes of IC 5-10.4-4-8, there is no time frame within which a member who
				returned to an approved four (4) year teacher training program within the time
				specified by law must complete the program.
(b) An approved teacher training program is
				defined as any training for which educational credits are accepted and used to
				meet the requirements of the department of education to be regularly employed
				and legally qualified as a teacher.
(c) A member seeking military service credit
				must provide documentary evidence demonstrating that the statutory requirements
				have been satisfied.
(d) Qualifying
				military service credit will be added to a member's account in full years or
				any fraction thereof. A member may not receive more than one (1) year of
				service credit for one (1) year of military service.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-5 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-4 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-5 - Leave of absence due to pregnancy

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 20-28-10-5; IC 5-10.4-4-7
Sec. 5.
(a) An active
				member shall be given credit for leaves of absence due to pregnancy only when
				leave is requested pursuant to the requirements found in IC 20-28-10-5. Credit
				is limited to one-seventh (1/7) of the total years of service claimed for
				retirement purposes.
(b) If the
				member is compensated while on leave, the statutory contributions must be
				maintained.
(c) A member seeking
				credit for leave of absence due to pregnancy must provide documentary evidence
				demonstrating that the statutory requirements have been satisfied.
(d) Unless otherwise required by law, no
				request for credit for leaves of absence due to pregnancy shall be accepted by
				the Fund and no leave shall be credited to a member's account after the first
				day of the month in which retirement benefit payments are scheduled to
				begin.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-6 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-5 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-6 - Leave of absence due to sickness or disability

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.4-4-7; IC 20-28
Sec. 6.
(a) If the
				member is compensated while on sickness or disability leave, the statutory
				contributions must be maintained.
(b) Except as provided by subsection (c), a
				member seeking credit for leave of absence due to sickness or disability must
				apply for such credit in a manner approved by TRF that contains written
				verification by an official of the member's employer that during the time that
				the leave was taken the leave was approved and taken pursuant to the sick leave
				policies and procedures of the employer.
(c) A member seeking credit for leave of
				absence due to sickness or disability who cannot obtain an employer
				verification described in subsection (b) due to a lack of employer records must
				provide documentary evidence demonstrating that the statutory requirements have
				been satisfied.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-7 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-6 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-7 - Sabbatical or professional improvement leave

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 20-28-10-1; IC 20-28-10-2; IC 20-28-10-3; IC
				  5-10.4-4-7
Sec. 7.
(a) Credit
				for sabbatical or professional improvement leave of absence shall be awarded to
				the extent that the member has been reemployed in a covered position in Indiana
				for a period equal to that of the leave credit sought. Whenever the member's
				reemployment is for a period less than that of the leave, credit shall be
				awarded only for the length of the reemployment period. Credit will not be
				granted in increments of less than one-half (1/2) of a year.
(b) If the member is being paid by the
				member's employing unit while on leave, contributions to the fund must be
				maintained.
(c) The member need not
				return to the same school corporation in order to receive credit.
(d) A member seeking credit for sabbatical or
				professional improvement leave of absence must provide documentary evidence
				demonstrating that the statutory requirements have been satisfied.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-8 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-7 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-8 - Out-of-state service prior to July 1, 1981

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.4-4-4
Sec. 8.
A member who terminated covered Indiana employment prior to
				  July 1, 1981, performed creditable service outside of the state of Indiana, and
				  subsequently returned to teaching in Indiana, may use prior Indiana service to
				  satisfy the requirement that the member have ten (10) years of Indiana service
				  before credit may be claimed.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-10 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-8 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-9 - Purchase of service credit

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-1.2; IC 5-10.2-4-10; IC 5-10.4-4
Sec. 9.
(a) A member
				who is otherwise qualified to purchase service credit must do so while the
				member is in active service whereby the member is under contract or in an
				employment relationship to earn one (1) year of service credit during the year
				in which the application to purchase service credit is made. A retiring member
				who makes application for the purchase of service credit contemporaneously with
				the member's application for retirement following one (1) full year of service
				is deemed to have met this requirement.
(b) Except as provided in subsection (c), no
				additional purchase of service credit can be made once a member's application
				for retirement has been processed and a retirement benefit is scheduled to be
				distributed.
(c) A qualified member
				may only purchase service credit in increments of one-twelfth (1/12) of a
				year.
(d) A member seeking to
				purchase service credit must provide documentary evidence that the statutory
				requirements and the requirements stated herein have been satisfied.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-5-10.4 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-5-9 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 5 - Service Credit and Contributions › Section 5-10 - Purchase of service credit; direct rollover or financial agreement

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-1.2; IC 5-10.4-4
Sec. 10.
(a) Eligible
				TRF members may purchase service under IC 5-10.2-3-1.2, IC 5-10.4-4-4, IC
				5-10.4-4-5, IC 5-10.4-4-6, and IC 5-10.4-4-8.
(b) The eligible fund member may purchase
				such service subject to the following:
(1)
				Service may be purchased in one (1) month increments. The minimum service
				purchase is one (1) year for a member who elects to purchase service through a
				finance agreement.
(2) Installment
				payments are subject to the terms of the finance agreement.
(3) Any service purchase may be made via a
				direct cash payment, a direct rollover under IC 5-10.4-4-12, or a combination
				of both.
(4) Any direct rollover
				may not exceed the actual cost of such service as established by the
				fund.
(5) Payment may be made in a
				lump sum or in annual installments for a period not to exceed five (5) years.
				Any installment shall bear interest at the actuarial interest rate effective on
				the date of the first installment. Any payments are subject to applicable
				Internal Revenue Service limits, and the fund may limit any payments in a
				manner necessary to comply with these limits.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 6 - Death in Service Benefits › Section 6-1 - Death in service; survivor benefit options

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-7.5; IC 5-10.2-3-8; IC
				  5-10.4-5-12
Sec. 1.
(a) Provided
				no other beneficiary has been designated to receive the annuity savings
				account, a qualified spouse or dependent of a member who died while in active
				service may secure payment of survivor benefits in either of the following
				forms:
(1) A lump sum withdrawal of the
				annuity savings account plus a monthly benefit.
(2) A monthly benefit which includes
				actuarial distributions from the annuity savings account.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 14 - INDIANA STATE TEACHERS' RETIREMENT FUND › Rule 6 - Death in Service Benefits › Section 6-2 - Death in service; classroom disability benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-7.5; IC 5-10.2-3-8; IC 5-10.4-5
Sec. 2.
Whenever a member dies after or while receiving classroom
				  disability benefits and before applying for retirement or disability
				  retirement, the amount held in the annuity savings account shall be reduced by
				  the sum of benefits paid. The remainder, if any, shall be paid to a designated
				  beneficiary or the member's estate.
Transferred from the Board of Trustees of the Indiana State
					 Teachers' Retirement Fund ( 550 IAC 2-6-2 ) to the Board of Trustees of the
					 Indiana Public Retirement System ( 35 IAC 14-6-2 ) by P.L. 23-2011, SECTION 22,
					 effective July 1, 2011.