reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-3 - School employees

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3-6-1; IC 20-31-9-4; IC
				  20-31-9.5-7
Sec. 3.
(a) A member
				who is employed in a PERF covered position by a school corporation, state
				school, university, school city or town, or school corporation shall receive
				one (1) year of service credit if employed during the full regular school term
				or contract period for that member's position. Nothing less than full
				compliance with this rule will give such year of creditable service.
(b) Pursuant to IC 20-31-9.5-7, special
				management teams established under IC 20-31-9-4 may enroll employees of the
				special management teams who are not licensed as teachers by the Indiana state
				board of education or the Indiana professional licensing agency in PERF by
				adopting a resolution described in IC 5-10.3-6-1. Required contributions must
				be made to the fund.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-4 - Full service credit

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 4.
(a) Except as
				otherwise specifically required by law, for all service credit calculations
				performed on or after January 1, 2007, service credit shall be granted in
				quarterly increments, with a member entitled to one (1) quarter of creditable
				service for each calendar quarter in which the member is employed at least one
				(1) full day in a full-time, PERF-covered position, and for which employer
				contributions have been made. Notwithstanding any provision to the contrary,
				service credit shall not be granted for any period of employment if such grant
				of service credit would result in a member receiving more than one (1) month of
				service credit for the same calendar month.
(b) A member's first and last quarter of
				PERF-covered employment, notwithstanding subsection (a), for those quarters in
				which a member commenced or completed employment in a PERF-covered position,
				service shall be granted in monthly increments, with a member entitled to one
				(1) month of creditable service for each month in which the member was employed
				at least one (1) full day in a full-time, PERF-covered position, and for which
				employer contributions have been made.
(c) Notwithstanding subsections (a) and (b),
				once PERF implements ERM, all service credit calculations shall be granted in
				monthly increments, with a member entitled to one (1) month of creditable
				service for each calendar month in which the member is employed at least one
				(1) full day in a full-time, PERF-covered position, and for which employer
				contributions are made. Notwithstanding any provision to the contrary, service
				credit shall not be granted for any period of employment if such grant of
				service credit would result in a member receiving more than one (1) month of
				service credit for the same calendar month.
(d) This rule applies only to members earning
				service credit through their employment in PERF-covered positions, and does not
				apply to members of the other retirement funds administered by PERF. Such funds
				shall continue to perform service credit calculations in the manner such
				calculations were performed as of December 1, 2006, unless subsequently amended
				by law.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-5 - Leave of absence

Current through July 10, 2024
Authority: IC 5-10.3-7-8; IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3-7-6
Sec. 5.
(a) As used
				in this section, "FMLA" refers to the Family and Medical Leave Act ( 29 U.S.C.
				2601 et seq.) and all applicable regulations and amendments.
(b) A member shall receive service credit for
				the period of time during which the member is granted a leave of absence under
				IC 5-10.3-7-6 and for which applicable employer contributions have been made as
				follows:
(1) Except as otherwise required by
				the FMLA, the credit shall be allowed if a copy of the grant of the leave of
				absence is filed with PERF within ninety (90) days from the date the leave was
				authorized by the employer. No leave granted retroactively by the employer will
				be considered as creditable service. Furthermore, except as otherwise required
				by the FMLA or other federal or state laws that specifically require the
				granting of service credit for authorized unpaid leaves of absence, service
				credit shall not be granted for any unpaid leaves of absence taken on or after
				January 1, 2007, if employer contributions are not made for such periods of
				leave.
(2) A leave of absence will
				be treated as creditable service only if the member returns to employment for a
				period of not less than six (6) consecutive months; however, if the member
				shows to the satisfaction of the fund that there was a bona fide intent to
				return to employment and comply with this rule and the member was capable of
				performing such employment, but was prevented from working the full six (6)
				month period due to illness, injury, or death which occurred subsequent to the
				date of return to employment, then this six (6) month requirement shall be
				waived.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-6 - Reinstatement

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 6.
A member whose service is involuntarily terminated and who is
				  later reinstated as a result of a court determination and order or
				  administrative final determination and order may be eligible for PERF credit if
				  proper supporting documents are filed with PERF and approved by the board or
				  the executive director and employer contributions are made.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-7 - Service credit for injured employees

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 7.
Creditable service shall be earned by a member injured during
				  the scope of his employment and paid benefits under the Workmen's Compensation
				  Act or the State Personnel Act; however, no service credit will be given for a
				  period of time during which PERF disability benefits were
				  paid.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-8 - Unused sick leave

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 8.
No creditable service shall be given after a member's last
				  physical day at work for unused sick leave time that may or may not be paid to
				  the member, the member's beneficiary, or estate.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-9 - Optional service

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 9.
Employees of participating school corporations who occupy
				  PERF covered positions normally requiring performance of service of less than
				  one thousand (1,000), but more than six hundred (600) hours a year and who opt
				  to become members of the fund, shall be credited only for service from the date
				  such option was made.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-10 - Military service

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3-7-5
Sec. 10.
In addition to the creditable service allowed by IC
				  5-10.3-7-5 for military service, a member is also entitled to creditable
				  service as set forth at 38 U.S.C. 4301, et seq., the Uniformed Services
				  Employment and Reemployment Rights Act of 1994.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-11 - Comprehensive Employment Training Act (CETA)

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 11.
Employees involved in the administration of Comprehensive
				  Employment Training Act (CETA) programs may be covered by PERF. Regular CETA
				  employment is not such employment that may be covered by PERF. CETA employees
				  who leave CETA employment and subsequently enter employment in a PERF-covered
				  position shall not receive service credit for prior CETA employment, even if
				  the position is essentially the same. The participating employer is solely
				  responsible for classifying the member's service, and such classification is
				  binding on the affected employee and the fund.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-12 - Purchase of prior bureau of motor vehicles commission service

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-1; IC 5-10.3-7
Sec. 12.
(a) Under IC
				5-10.2-3-1 and IC 5-10.3-7-2, employees of the bureau of motor vehicles
				commission (BMVC) are not entitled to automatic coverage or service credit
				prior to July 1, 1999, for service with the BMVC, because of their coverage in
				a retirement plan established by the BMVC. However, under IC 5-10.3-7-8, the
				board believes it would be reasonable to allow employees to purchase any BMVC
				service from the later of:
(1) January 1,
				1987, the date the BMVC established its retirement plan; or
(2) the date the individual became an
				employee of the BMVC;
through June 30, 1999, the date the BMVC terminated its
				  retirement plan. For purposes of this section, BMVC service does not include
				  service in any license branch prior to becoming a BMVC employee, or service at
				  a license branch prior to the conversion of that license branch to the BMVC.
				  Service in a license branch that is not BMVC service shall not be eligible for
				  service purchase under this rule nor shall it be credited to any employee
				  without purchase.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-13 - Purchase of service

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.3-7
Sec. 13.
(a) Eligible
				PERF members may purchase service under IC 5-10.3-7-4.5, IC 5-10.3-7-4.6, IC
				5-10.3-7-4.8, and IC 5-10.3-7-5.
(b) The cost to purchase such service shall
				be the total actuarial cost of the service. The fund shall provide the eligible
				fund member with information with respect to the cost of such
				service.
(c) 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 such purchase may be made via a direct cash payment, a direct rollover as
				allowed by statute, 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
				may bear interest at the interest rate (defined within this section) 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 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 3 - Creditable Service › Section 3-14 - Omitted or missing employer contribution rate record

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-2-11; IC 5-10.3
Sec. 14.
In the event that PERF is unable to verify the employer
				  contribution rate for a specific employer for a reporting period from
				  historical records or other means, PERF may substitute and apply the employer
				  contribution rate of the state of Indiana for the omitted or missing rate
				  during the period for administration of PERF business.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 4 - Members of the Fund › Section 4-1 - Members of the fund

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3-7
Sec. 1.
Members of the fund are determined by IC 5-10.3-7-1 through
				  IC 5-10.3-7-3, inclusive, and these rules
[this
				  article]
.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 4 - Members of the Fund › Section 4-3 - School bus drivers

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 3.
An employee who is a school bus driver is eligible at his
				  option to participate in PERF if:
(1)
				the school bus is wholly owned by the school corporation;
(2) the school board by its resolution covers
				the position of school bus driver; and
(3) the position normally requires the
				performance of service of more than six hundred (600) hours during the school
				term; however, if subdivisions (1) through (2) are met and the position
				normally requires performance of services of one thousand (1,000) hours or
				more, such employee shall be in PERF. For the member who makes such option,
				creditable service shall be granted only from the date such option was made and
				contributions received from the employer.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 4 - Members of the Fund › Section 4-4 - Students excluded

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 4.
Full-time students in a post secondary or higher educational
				  institution are not eligible for PERF if employed under a:
(1) work study program;
(2) co-op program;
(3) tuition assistance program; or
(4) general student assistance
				program.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 4 - Members of the Fund › Section 4-5 - Prosecuting attorneys and deputy prosecuting attorneys

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 5.
(a) All
				prosecuting attorneys and deputy prosecuting attorneys whose compensation was
				paid from state or county funds prior to July 1, 1987, are entitled to service
				credit and deemed to be members of the fund as set forth in these rules (35 IAC
				1.2)
[this article]
unless and until the auditor of Indiana
				and the designated county officials certify to PERF that such position normally
				required:
(1) less than one thousand (1,000)
				hours of service annually on or after July 1, 1982;
(2) between six hundred (600) hours and one
				thousand (1,000) hours prior to July 1, 1982, and the employee did not exercise
				the option to become a member of the fund; or
(3) less than six hundred (600) hours and the
				employee was hired before July 1, 1982.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 4 - Members of the Fund › Section 4-7 - Prosecuting attorneys' retirement fund highest annual salary defined

Current through July 10, 2024
Authority: IC 33-39-11; IC 5-10.5-7-5
Affected: IC 33-39-7-16
Sec. 7.
(a) The
				highest annual salary is the sum of the highest completed consecutive four (4)
				quarters of salary that was paid to the participant before
				retirement.
(b) Notwithstanding
				subsection (a), once INPRS implements INPAS, the highest annual salary is the
				sum of the highest completed twelve (12) months of salary that was paid to the
				participant before retirement.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 4 - Members of the Fund › Section 4-8 - Prosecuting attorneys' retirement fund death benefit calculation

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 33-39-7-11
Affected: IC 33-39-7-19
Sec. 8.
The death benefit payable to the surviving spouse of a member
				  of the prosecuting attorneys' retirement fund under IC 33-39-7-19 is an annual
				  benefit, payable in monthly installments.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-1 - Retirement options

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4; IC 5-10.3; IC 33-38-8-14
Sec. 1.
(a) A member
				who retires or becomes eligible for a disability retirement cannot change the
				retirement option, nor may a member who chooses a lump sum payment under IC
				5-10.2-4-2(a) change this choice, nor may the beneficiary designation on the
				application for benefits be changed under joint and survivorship options 30,
				40, or 50, after the first day of the month that benefit payments are scheduled
				to begin. It is immaterial whether or not a check has been sent, received, or
				negotiated. (See also section 13 of this rule.) A member of the fund after June
				30, 2008, may change a beneficiary designation pursuant to IC 5-10.2-4-7 or IC
				5-10.2-4-7.2.
(b) Under IC
				5-10.2-4-7, in the event that the increased retirement benefit under the
				integration with Social Security option prior to Social Security eligibility is
				calculated to be greater than an amount which is the actuarial equivalent of
				the retirement benefit under the normal guaranteed retirement benefit payable
				as a life annuity which ceases on the date of the member's death or, if later,
				the member's Social Security age of eligibility, then the increased retirement
				benefit shall be limited to such actuarial equivalent and there will be no
				retirement benefit payable after the age of Social Security eligibility. (In no
				event shall fewer than sixty (60) payments be made.)
(c) None of the retirement benefit payment
				options may be made in connection with any other retirement benefit payment
				option.
(d) Under IC 33-38-8-14, a
				judges' retirement benefit is calculated upon the date the member applies to
				receive a retirement benefit. As used in IC 33-38-8-14, "applies to receive a
				retirement benefit" is defined as the date upon which PERF receives and accepts
				a member retirement application.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-2 - Disability benefits; eligibility

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 2.
(a) To be
				eligible to receive disability benefits, the member must be receiving salary or
				employer-provided income protection benefits or on leave under the Family and
				Medical Leave Act on the date the Social Security Administration determines the
				member becomes disabled.
(b) A
				member may continue to receive PERF disability benefits so long as the member
				is entitled to receive Social Security benefits, including periods of trial
				employment or rehabilitation under Social Security guidelines. However, during
				any such period, no service credit under PERF shall be granted.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-4 - Disability alternatives

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 4.
(a) A member
				who is eligible for early retirement and who has on file with the fund a copy
				of application to Social Security for Social Security disability benefits may
				file for early retirement and retain his right to disability benefits. Under
				such circumstances, when the member notifies the fund that he qualifies for
				Social Security disability benefits, early retirement benefits shall cease and
				disability benefits shall begin.
(b) A member who has five (5) years of
				creditable service and who is not eligible for early retirement and has on file
				with the fund a copy of a request to Social Security for a disability
				determination may request a lump sum withdrawal of his annuity account without
				prejudice to his right to disability benefits under PERF should the Social
				Security Administration approve the request for disability within three (3)
				years from the date of the member's termination from employment.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-5 - "Basic salary" or "compensation" defined

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4-3; IC 5-10.3-7-11
Sec. 5.
(a) Subject
				to subsection (b), "basic salary" or "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)
				Compensation of not more than two thousand dollars ($2,000) pursuant to and in
				accordance with IC 5-10.2-4-3(e) (in contemplation of retirement) may be used
				in the total annual compensation from which the average of the annual
				compensation is determined. This includes, but is not limited to, retirement
				bonuses, commutation of unused sick or personal leave, and payments made under
				the retiree leave conversion
[sic, conversion]
program (RLCP)
				as set forth in 31 IAC 5-10.
(c) 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 as set
				forth in IC
				5-10.3-7-11.
				A member may not certify his or her basic salary or annual
				compensation.
(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 as set forth in IC
				5-10.3-7-11.
				A member may not certify his or her basic salary or annual
				compensation.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-7 - Service for disability and survivor benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 7.
"In service" means that the member was in an
				  employer-employee relationship as determined by the employer within established
				  rules of the employer. Benefits for disability shall be paid beginning with the
				  later of:
(1) that point in time when
				such employer-employee relationship no longer exists as determined by the
				employer; or
(2) the onset of
				disability as determined by the Social Security Administration.
In determining whether a member has achieved eligibility for
				  disability benefits, periods of leave under the Family and Medical Leave Act
				  (as defined in 35 IAC 1.2-3-5 ) shall be included.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-8 - Combined service in teachers' and public employees' retirement funds

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 8.
Creditable service in the Indiana state teachers retirement
				  fund and PERF may be combined to meet the five (5) year eligibility
				  requirements for disability benefits.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-9 - Survivor benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3; IC 5-10.2-3-7.5
Sec. 9.
(a) If the
				total amount of survivor benefits paid to a surviving spouse or surviving
				dependent does not exceed the member's total contributions plus accumulated
				interest, the difference shall be paid to the surviving dependent or his estate
				or, in the case of a surviving spouse, the surviving spouse's estate.
(b) If an active member with more than
				fourteen (14), but less than fifteen (15), years of creditable service dies,
				the surviving spouse or dependent is entitled for a benefit if:
(1) the member dies after December 31,
				2006;
(2) the member was at least
				sixty-five (65) years of age at the time of death;
(3) the member died in service in a
				PERF-covered position; and
(4) the
				surviving spouse or dependent qualifies for a benefit.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-9.1 - Death in service; compliance with the Heroes Earning Assistance and Relief Tax Act of 2008 (HEART)

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 9.1.
(a)
				Effective with respect to deaths occurring on or after January 1, 2007, while a
				member is performing qualified military service (as defined in Chapter 43 of
				Title 38, United States Code), to the extent required by Section 401(a)(37) of
				the Internal Revenue Code, survivors of a member in the retirement system are
				entitled to any additional benefits that the system would provide if the member
				had resumed employment and then died, such as accelerated vesting or survivor
				benefits that are contingent on the member's death while employed.
(b) Effective with respect to deaths or
				disabilities occurring on or after January 1, 2007, while a member is
				performing qualified military service (as defined in Chapter 43 of Title 38,
				United States Code), to the extent permitted by Section 414(u)(8) of the
				Internal Revenue Code, for benefit accrual purposes, the member will be treated
				as having returned to employment on the day before the death or disability and
				then terminated on the date of death or disability. This provision shall be
				applied to all similarly situated individuals in a reasonably equivalent
				manner.
(c) Beginning January 1,
				2009, to the extent required by Sections 3401(h) and 414(u)(2) of the Internal
				Revenue Code, an individual receiving differential wage payments (while the
				individual is performing qualified military service (as defined in Chapter 43
				of Title 38, United States Code)) from an employer shall be treated as employed
				by that employer and the differential wage payment shall be treated as earned
				compensation. This provision shall be applied to all similarly situated
				individuals in a reasonably equivalent manner.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-10 - Designated dependent beneficiary

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-7.5; IC 5-10.2-3-7.6; IC 5-10.3
Sec. 10.
If member was married for less than two (2) years at the time
				  of his death, the surviving spouse may qualify for monthly benefits as a
				  "designated dependent beneficiary" if the spouse can prove dependency under
				  Social Security guidelines and was so designated for at least six (6)
				  months.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-11 - Benefits payable upon death

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 11.
In any instance where retirement or disability benefits cease
				  upon the death of the payee, if the payee was alive on the first day of the
				  month a benefit will be paid for such month.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-12 - Minimum disability retirement benefit

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-4; IC 5-10.3
Sec. 12.
(a) The
				minimum monthly disability retirement benefit specified in IC 5-10.2-4-6(b) is
				one hundred dollars ($100) only if the member chooses an annuity under IC
				5-10.2-4-2(a) and the retirement benefit guarantee determined under IC
				5-10.2-4-7(b), subject to the provisions of IC 5-10.2-4-2(b). After December
				31, 2008, under IC 5-10.2-43
[sic]
, the minimum benefit
				provided by employer contributions to a retired member with at least ten (10)
				years creditable service not earned only as an elected official may not be less
				than one hundred eighty dollars ($180).
(b) Should the member choose a lump sum
				distribution of the amount in his annuity savings account under IC 5-10.2-4-2
				and/or a retirement benefit payment option, under IC 5-10.2-4-7, other than the
				five (5) year guaranteed retirement benefit, the minimum disability retirement
				benefit shall be the actuarial equivalent of the one hundred eighty dollars
				($180) under subsection (a) as determined by the rules of the board.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-12.1 - 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
Sec. 12.1.
(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 PERF, PERF 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 PERF 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.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-12.2 - 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
Sec. 12.2.
If an active, inactive, retired, retired for disability,
				  suspended, or deceased member's ASA account is below the de minimis amount as
				  determined within 35 IAC 1.2-2-1, PERF may elect to not collect the overpayment
				  from the member.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-14 - Five year guaranteed benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 14.
If member elects five (5) year guaranteed benefits and does
				  not live to exhaust them and his beneficiary does not live out the remainder of
				  the five (5) years, then such remaining benefits accrue to the estate of the
				  beneficiary and not to the estate of the member.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-15 - No guarantee option

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 15.
Under the no guarantee option, if the member dies prior to
				  the first day of the month that benefits are scheduled to begin, the account
				  reverts to an active status and the beneficiary receives the account as though
				  the member had died in active service.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-16 - Teachers Insurance and Annuity Association-College Retirement Equities Fund (TIAA-CREF)

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 16.
Former PERF members who have transferred to the teachers
				  insurance and annuity association-college retirement equities fund are not
				  eligible for PERF disability benefits which are limited to PERF members in
				  active service.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-17 - Birth date; proof required

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3; IC 34-28-1
Sec. 17.
(a) No
				retirement benefits shall be paid to a member until the member provides proof
				of date of birth in any one (1) of the following forms:
(1) A birth certificate or registration from
				the public health department or other governmental entity.
(2) A court decree obtained under IC 34-28-1
				and certified by the clerk of the court.
(3) Other evidence relating to the member's
				date of birth may be submitted, and upon approval the board shall fix a date
				based thereon.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-18 - Minors and other incompetent persons

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3; IC 29-3
Sec. 18.
Minors and other incompetent beneficiaries are governed by
				  Indiana guardianship law set forth in IC 29-3, Indiana Probate Code. However,
				  payments may be made to minor beneficiaries pursuant to the Uniform Transfers
				  to Minors Act.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-19 - Proration of retirement costs

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 19.
(a) A member
				with service credit from more than one (1) employer shall have his retirement
				reserve cost prorated based on months of service among all his or her
				employers.
(b) Any employer may
				object to this basis of proration by written objection made within fifteen (15)
				days from receipt by the employer of notification of each such
				proration.
(c) The fund may, if
				evidence of substantial inequity is presented by such objecting employer, use
				the following basis for reaching a result.
(d) The annual compensation for each calendar
				year or part thereof shall be divided by the annual average consumer price
				index figure (1967 = $100) of the U.S. Bureau of Labor Statistics for each such
				year to determine a weighted salary for each year or part thereof.
(e) The fund shall prorate retirement reserve
				costs to participating employers on the basis of the weighted salary each has
				paid, or such other method that, in the judgment of the fund, equitably
				allocates the retirement reserve cost between the member's employers.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-20 - Early retirement reduction of benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3
Sec. 20.
When computing the age for determining the reduction
				  percentage for early retirement, any fractions of a month shall not
				  count.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-21 - 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. 21.
(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:
(1) PERF shall allow a
				member to make a change or selection at least once a day.
(2) PERF shall implement the member's
				selection the same day the selection is received by PERF, 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 PERF
				shall 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.
(3) A member may select
				any combination of the guaranteed program or any of the available alternative
				accounts in one percent (1%) increments.
(4) A member's selection remains in effect
				until a new selection is made.
(5)
				On the effective date of a member's selection, PERF 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 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-22 - 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. 22.
(a) Whenever
				a vested member's account has received no contributions for a period of twenty
				(20) years and it has been determined by PERF 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.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-23 - Stale checks

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 5-10.2-3-6; IC 5-10.2-4-2
Sec. 23.
Whenever a member applies for a distribution from the
				  member's annuity savings account, an effective distribution will be deemed to
				  have occurred as of the date the check is issued. If the member fails to
				  negotiate the check within one hundred eighty (180) days from issuance, the
				  amount of the check may be credited to the fund as posttax monies and it will
				  not be further adjusted for earnings, interest, or losses. The fund will retain
				  the monies until the member claims them in writing.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 5 - Retirement and Disability Benefits › Section 5-26 - ASA and RSA annuity interest

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; IC
				  5-10.5-4-2.6
Sec. 26.
(a) When a
				member elects to annuitize their ASA or their RSA, the annuitized interest rate
				will be applied beginning with the date of the distribution of the annuity and
				the annuity will be calculated prospectively from that date regardless whether
				the distribution was deferred under IC
				5-10.2-4-2(c),
				there is a retroactive disability payment under IC
				5-10.2-4-6,
				or there is a retroactive benefit payment under IC
				5-10.2-4-8.2.
(b) The annuity interest rate is determined
				by IC
				5-10.5-4-2.6
				and this rule. Except for as set forth in subsection (c), the annuity interest
				rate that will be applied is the rate in effect as of the
[sic]
retirement date as determined under IC
				5-10.2-4-1.3,
				the disability retirement date, or the member's retirement date due to an
				election made under IC
				5-10.2-4-8.2.
(c) When a member elects to change their
				survivor beneficiary or pension option, or both, under IC
				5-10.2-4-7.2,
				the annuity interest rate that will be applied is the rate in effect as of the
				date INPRS receives the member's election form.
(d) When a member elects to defer receiving,
				in any form, the member's annuity savings account under IC
				5-10.2-4-2(c),
				the annuity interest rate that will be applied is the rate in effect as of the
				date INPRS receives the member's postretirement payment of ASA election form.
				For example, Julia is a seventy-five (75) year old active member with
				twenty-five (25) years of creditable service. She makes an election under IC
				5-10.2-4-8.2
				to begin receiving benefits relating back to the date she was first eligible to
				make the election (five (5) years ago). Julia elects to annuitize her ASA. The
				annuity is calculated and interest rate is the rate in effect on the date Julia
				elects as her retirement date. Julia will receive five (5) years of retroactive
				pension benefits using only twenty (20) years of service credit in the pension
				calculation. Because Julia's ASA account was actively earning interest, gains,
				or losses during the five (5) year period before Julia made the election, and
				the ASA had not been annuitized during this period, the annuitized interest
				rate will be applied beginning with the actual date of distribution of the
				annuity.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 6 - Miscellaneous › Section 6-1 - Employer payments

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-2; IC 5-10.3-7-12.5
Sec. 1.
(a) In
				accordance with and pursuant to IC 5-10.3-7-12.5, a quarterly report and
				payment of employee contributions and employer contributions shall be due in
				the PERF office no later than the fifteenth day following the end of each
				calendar quarter. Specifically, January 15, April 15, July 15, and October 15
				each year. If the fifteenth day following the end of the quarter falls on a
				Saturday, Sunday, or a legal holiday, the due date becomes the next working
				day. It shall be the responsibility of the local official to employ such method
				of delivery to insure that the report and payment will reach the PERF office on
				or before the due date.
(b)
				Notwithstanding subsection (a), as allowed in IC 5-10.3-7-12.5, once PERF gives
				reasonable notice to covered employers and after installation of the ERM
				system, the Indiana public retirement system board of trustees herein sets the
				due date for contributions as seven (7) days after a covered employer's payroll
				unless otherwise approved by the board.
(c) Upon written request of PERF, covered
				employers shall submit their payroll date to PERF in a manner or form
				established by PERF within seven (7) days of receipt of such request.
(d) Any payments not made on the due date may
				at PERF's discretion accrue interest at a rate equal to the rate established in
				section 5.5(b) of this rule.
(e)
				Any employer who fails to submit required contributions and reports within
				thirty (30) days of the due date will be subject to a penalty as set forth in
				IC 5-10.3-7-12.5. If the thirtieth day following the due date falls on a
				Saturday, Sunday, or legal holiday, the due date becomes the next working
				day.
(f) An employer who has
				elected to pick up the mandatory employee contributions of its employees must
				do so by resolution in accordance with IC 5-10.2-3-2(d). An employer who wants
				to rescind its election to pick up the mandatory employee contributions must do
				so in writing with approval of its governing body. The change will be effective
				the quarter following the date PERF receives and approves the change.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 6 - Miscellaneous › Section 6-2 - Admission to the fund

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3-2-1; IC 5-10.3-6-1
Sec. 2.
(a) Admission
				to the fund by a political subdivision shall be governed by IC
				5-10.3-6-1.
(b) In addition, any
				political subdivision whose existence is subject to termination or whose
				funding is dependent upon sources external to it must demonstrate to the
				board's satisfaction that any problems which might arise are fully addressed
				and resolved or it will not be admitted. The board's consideration and
				determination will be guided in part by the political subdivision's
				demonstrated ability to meet all obligations to the fund, both current and
				ongoing.
(c) A township trustee
				will not be considered as the governing body of a township for purposes of the
				fund and the board will not approve any ordinance or resolution coming solely
				from such township trustees.