reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 2 - Contributions; Withdrawal › Section 2-2 - Interest on employees' contribution accounts

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-8
Sec. 2.
When crediting interest on employee contribution accounts,
				  the 1977 Fund shall do the following:
(1) Credit interest on the prior fiscal
				year-end balance.
(2) Except as
				provided in subdivision (3), cease crediting interest to accounts which have no
				activity after five (5) years after the last contribution posting, and, which
				have total service credit of less than twenty (20) years.
(3) If there is no activity on an account
				because the member is no longer in a covered position, but does not separate
				from employment with the member's employer, interest shall begin or continue
				being credited to the member's account until the money is distributed in
				accordance with IC 36-8-8 or fifty (50) years after leaving the covered
				position. No interest shall be credited under this subdivision prior to the
				effective date of this subdivision.
(4) Not credit interest at a rate greater
				than the investment income earned.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 3 - Retirement Benefits › Section 3-1 - Reemployment after retirement

Current through July 10, 2024
Authority: IC
				  5-10.5-4-2; IC
				  36-8-8-5
Affected: IC
				  36-8-8-10;
				  IC
				  36-8-8-11.5
Sec 1. If a member is receiving disability or retirement
				  benefits from the 1977 Fund and is reemployed in a position covered by this
				  article
[sic]
, benefits will terminate until the member has
				  terminated service for the second time. The benefits will then be computed on
				  the total years of credited service. If a member is reemployed not less than
				  thirty (30) days after retirement by the same unit in a position not covered by
				  this article
[sic]
, then the member will continue to receive
				  benefits unless the PERF board receives from the Internal Revenue Service a
				  determination that prohibits the implementation.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 3 - Retirement Benefits › Section 3-2 - Payment method

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-10
Sec. 2.
Retirement Benefits. The benefits shall be paid on the 15th
				  of each month and be payable from first: the member's contribution account, and
				  second from the employer's contribution account.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 4 - Funeral Benefits › Section 4-1 - Death benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-16
Sec. 1.
The death benefits under IC 36-8-8-16 for a deceased member's
				  heirs or estate shall be paid by the 1977 Fund from the employer contributions
				  of the city, town, or township where the member was last employed.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 4 - Funeral Benefits › Section 4-2 - Survivor benefits; active duty

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-14.1
Sec. 2.
(a) For
				purposes of IC 36-8-8-14.1, a member is on active duty if that member is in
				employment status with the employer and is not on leave of absence or has not
				been suspended from his or her duties. However, a member who is on a leave
				pursuant to the Family and Medical Leave Act of 1993 shall be considered to be
				on active duty. The 1977 Fund will require a certification from the member's
				employer with respect to the member's status at the time of death for purposes
				of determining active duty.
(b)
				Active duty does not have the same meaning as line of duty, which is defined by
				IC 36-8-8-14.1(d).
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 4 - Funeral Benefits › Section 4-3 - 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; IC 36-8-8-5
Affected: IC 36-8-8-14.1
Sec. 3.
(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 State
[sic]
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 State
[sic]
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 State
[sic]
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 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-1 - Date of disability payments; source of funds

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8
Sec. 1.
Disability benefits shall begin on the later of an effective
				  date determined by the local board or the date following the exhaustion of all
				  paid leave. The benefits shall be paid on the fifteenth of the month and be
				  payable from the employer's contributions until the member attains his or her
				  earliest retirement age under the fund, at which time the member's contribution
				  account shall be eliminated, just as if the member had then retired.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-2 - Transfer from disability to regular retirement

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-12.4
Sec. 2.
(a) A fund
				member hired for the first time before January 1, 1990, and who did not file an
				election under IC 36-8-8-12.4 with the PERF board prior to January 1, 1991,
				shall continue to receive the same amount of disability benefits when the
				member is transferred from disability to regular retirement status.
(b) Upon attaining fifty-two (52) years of
				age, a member receiving Class 1 or Class 2 impairment benefits shall be
				entitled to receive a retirement benefit equal to the greater of:
(1) the benefit payable to a member with
				twenty (20) years of service; or
(2) a benefit calculated on the total years
				of service and salary, as of the year the member attains fifty-two (52) years
				of age, that the member would have earned had the member remained in active
				service until attaining fifty-two (52) years of age.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-3 - Recurring disability benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-12.3; IC 36-8-8-15
Sec. 3.
A member who:
(1)
				has a covered impairment as defined in IC 36-8-8-12.3;
(2) recovers and returns to active service
				with the department; and
(3) within
				two (2) years after returning to active service has an impairment that, except
				for IC 36-8-8-12.3, would be a covered impairment;
is entitled to the benefit described under this section if
				  the impairment described in subdivision (3) results from the same condition or
				  conditions (without an intervening circumstance) that caused the covered
				  impairment described in subdivision (1). The member is entitled to receive the
				  monthly disability benefit amount paid to the member at the time of the
				  member's return to active service plus any adjustments under IC 36-8-8-15 that
				  would have been applicable during the member's period of
				  reemployment.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-4 - Applicable disability structure; member transfers

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-4-11; IC 36-8-8-7
Sec. 4.
(a) For
				purposes of determining which disability benefit provisions apply, the 1977
				Fund shall interpret the phrase "hired for the first time" by using the
				member's first date of employment by the local unit where the member is
				currently employed. However, in the case of a fund member who directly
				transfers from covered employment with one (1) local unit to covered employment
				with another local unit, the fund member's date of employment with the first
				local unit shall be used.
(b)
				Members who directly transfer from one (1) covered employment position to
				another covered employment position must be reexamined under the baseline
				medical examination.
(c) Members
				who directly transfer from covered employment with one (1) local unit to
				covered employment with another local unit shall not be subjected to any
				additional preexisting conditions or excludable conditions that may be detected
				at the time of such transfer.
(d)
				Members who directly transfer from covered employment with one (1) local unit
				to covered employment with another local unit shall not be subjected to the
				maximum age limits under IC 36-8-8-7(a).
(e) For purposes of this section, "directly
				transfer" and "directly transfers" means the following:
(1) For those members laid off from
				employment pursuant to IC 36-8-4-11, a transfer between covered employment with
				one (1) local unit to covered employment with a different local unit occurs
				within the reinstatement period set forth in IC 36-8-4-11.
(2) For all other members, a transfer between
				covered employment with one (1) local unit to covered employment with a
				different local unit occurs within thirty (30) days. Furthermore, "directly
				transfer" and "directly transfers" shall not include any situation where the
				member files an application for a refund of his or her contributions from the
				fund.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-5 - 1977 Police Officers' and Firefighters' Pension and Disability Fund disability procedures

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 4-21.5; IC 36-8-8-12.5; IC 36-8-8-13.5
Sec. 5.
(a) The
				disability application process shall be as described as follows:
(1) The local board shall submit to the state
				board the following documents:
(A) A completed
				disability application form that includes the following:
(i) The member's name, address, and Social
				Security number.
(ii) The date of
				the local board's hearing.
(iii)
				The date the local board determined a covered impairment exists.
The local board shall use the applicable forms developed by
				  the state board for this purpose.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-5.1 - Standard to determine degree of impairment for a covered impairment

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-13.1
Sec. 5.1.
To determine the degree of impairment, for a member who has
				  been found to have a covered impairment, the impairment standards contained in
				  the most current edition of the American Medical Association: Guidelines of
				  Disability Ratings in effect at the time the application for disability
				  benefits is filed with the PERF board shall be used to determine the degree of
				  impairment.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-5.2 - 1977 police officers' and firefighters' pension and disability fund benefit payments pending appeal

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 4-21.5; IC 34-13-1-6; IC 36-8-8-12.5; IC
				  36-8-8-13.5
Sec. 5.2.
(a) A
				member who elects to exercise the right to appeal an adverse decision issued by
				the 1977 police officers' and firefighters' pension and disability fund 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.
(c) When a member appeals an initial
				determination of disability benefits and the member prevails, the increase is
				awarded retroactive to the date of the initial determination. No interest on
				any retroactive disability payments will be owed.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-6 - Determination of work within the fund member's department

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-12.3
Sec. 6.
In order for the PERF board to make a determination with
				  respect to a fund member's disability, the 1977 Fund must receive a
				  certification from the local safety board that there is no suitable and
				  available work in the member's department for which the fund member is or may
				  be capable of becoming qualified, considering reasonable accommodation to the
				  extent required by the Americans with Disabilities Act. The 1977 Fund will not
				  process an application for disability unless the appropriate certification is
				  included with the application for disability benefits.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-7 - Line-of-duty review by the 1977 fund advisory committee

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8
Sec. 7.
After a hearing is conducted by the local board concerning
				  determinations of impairment for fund members who:
(1) are hired for the first time before
				January 1, 1990; and
(2) do not
				choose coverage by sections IC 36-8-8-12.5 and IC 36-8-8-13.5 under section IC
				36-8-8-12.4, pursuant to IC 36-8-8-12.7(r);
the 1977 fund advisory committee shall review the local
				  board's recommendation not later than forty-five (45) days after receiving the
				  recommendation and shall issue an initial determination regarding whether the
				  covered impairment was incurred in the line of duty or not in the line of duty.
				  If the 1977 fund advisory committee fails to issue an initial determination
				  within forty-five (45) days after receiving the recommendation from the local
				  board, the default award on whether the covered impairment was incurred in the
				  line of duty will be the determination made by PERF's medical
				  authority.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-8 - Withholding of payments

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 4-21.5; IC 36-8-8-12.5; IC 36-8-8-13.5
Sec. 8.
Benefit payments may be withheld under any of the following
				  circumstances:
(1) To offset the
				overpayment of benefits to a member or beneficiary until the overpayment is
				repaid to the fund.
(2) Pending
				investigation after three (3) consecutive monthly benefit checks have been
				returned by the United States Postal Service as undeliverable.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 5 - Disability Benefits › Section 5-9 - Administrative orders; proceedings; reviews

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 2-3.5-3-4; IC 4-21.5-3-5; IC 4-21.5-3-28; IC
				  5-10.2; IC 5-10.3-8-5; IC 33-38-6-23; IC 33-39-7-11
Sec. 9.
(a) The
				purpose of this rule is to establish procedures to process petitioner appeals
				of the 1977 police officers' and firefighters' pension and disability fund
				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) The 1977 police officers' and
				firefighters' pension and disability fund 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
				the 1977 police officers' and firefighters' pension and disability fund's
				initial determination to appeal in writing.
(4) Upon receipt by the 1977 police officers'
				and firefighters' pension and disability fund, 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,
				the 1977 police officers' and firefighters' pension and disability fund shall
				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. (c) This rule will apply to appeals filed pursuant to
				IC 5-10.3-8-5, IC 33-39-7-11, IC 33-38-6-23, and IC 2-3.5-3-4.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 6 - Quarterly Reports › Section 6-1 - Quarterly report and payment of contributions

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-4
Sec. 1.
Quarterly Reports. A quarterly report containing payments of
				  employer and employee contributions, shall be due in the office of the 1977
				  Fund no later than the fifteenth (15th) day following the end of each calendar
				  quarter, i.e., January 15, April 15, July 15, and October 15 each year.
Any employer who fails to make such payments by the due date
				  may be assessed a penalty. The penalty will be determined by the Board of
				  Trustees.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 7 - Salary › Section 7-1 - Report of salary levels

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-1-11; IC 36-8-8-11
Sec. 1.
Annually, on or before January first each year, the
				  Clerk-Treasurer or City Controller shall certify to the 1977 Fund within the
				  limits of IC 36-8-1-11 what constitutes the salary of a first class patrolman
				  or firefighter for that employer for that calendar year.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 8 - Employer's Contribution › Section 8-1 - Actuarial data used in calculating total membership cost

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-4
Sec. 1.
The Actuarial Data to be used in calculating the total
				  membership cost of participants shall include all service as a full time sworn
				  police officer or firefighter in an Indiana police or fire force having a 1977
				  Police and Firefighters' Pension and Disability Fund.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 8 - Employer's Contribution › Section 8-2 - Interest on employer's account

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-4
Sec. 2.
Interest on Employer's Account. Annual interest shall be paid
				  each year, on the prior year-end account balance at a rate determined by the
				  1977 Fund, on all accounts having a positive year-end balance. All accounts
				  having a negative year-end account balance may be charged an interest rate
				  determined by the 1977 Fund.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 9 - Baseline Statewide Medical Examinations and Standards › Section 9-2 - Definitions

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-19
Affected: IC 36-8-3.2
Sec. 2.
(a) The
				definitions in this section apply throughout this rule.
(b) "Americans with Disabilities Act" refers
				to the Americans with Disabilities Act ( 42 U.S.C. 12101 et seq.) and all
				applicable regulations and amendments, if any, related to the Americans with
				Disabilities Act.
(c) "Candidate"
				means an individual who has successfully passed the physical agility test and,
				if applicable, the general aptitude test under IC 36-8-3.2-3 or IC 36-8-3.2-3.5
				and received an offer of employment that is subject to the individual's
				successful completion of the physical and mental examinations identified in IC
				36-8-3.2-6 and IC 36-8-8-19.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 9 - Baseline Statewide Medical Examinations and Standards › Section 9-3 - Administration of rule

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-19
Affected: IC 36-8-8-19
Sec. 3.
Notwithstanding any other provision, this rule shall be
				  administered in a manner that is consistent with the Americans with
				  Disabilities Act, to the extent required by the Americans with Disabilities
				  Act.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 9 - Baseline Statewide Medical Examinations and Standards › Section 9-4 - Components of examinations

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-19
Affected: IC 36-8-8-7
Sec. 4.
(a) The first
				component of the baseline statewide physical examination consists of a
				comprehensive general medical history. The comprehensive general medical
				history shall cover the applicant's known health problems, such as major
				illnesses, surgeries, medication use, and allergies. Symptom review is also
				important for detecting early signs of disqualifying conditions and excludable
				conditions. The comprehensive general medical history shall include the
				following:
(1) A personal health
				history.
(2) A family health
				history.
(3) An immunization
				history.
(4) A reproductive
				history.
An occupational history shall also be completed to collect
				  information about the person's past occupational and environmental
				  exposures.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 9 - Baseline Statewide Medical Examinations and Standards › Section 9-5 - Local determination and transfer to PERF

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-3.2-3; IC 36-8-3.2-3.5; IC 36-8-8-7; IC
				  36-8-8-19
Sec. 5.
(a) The
				examining physician shall send the results of the comprehensive general medical
				history and physical examination to the local board.
(b) Once the local board determines that the
				candidate satisfies any physical and mental standards established by the
				appointing authority or the local board, the baseline statewide physical
				examination, and the baseline statewide mental examination, the local board
				shall send PERF the following:
(1) Copies and
				certification of the results of the general medical history and baseline
				statewide physical examination required under IC 36-8-8-7 and IC
				36-8-8-19.
(2) Certification of the
				results of the physical agility examination required under IC 36-8-3.2-3 or IC
				36-8-3.2-3.Sec. 5.
(3)
				Certification of the results of the baseline statewide mental examination
				required under IC 36-8-8-7 and IC 36-8-8-19.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 9 - Baseline Statewide Medical Examinations and Standards › Section 9-6 - PERF determinations and disqualifying conditions

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-19
Affected: IC 36-8-3.5-12
Sec. 6.
(a) As
				determined by the PERF board or the PERF board's designee, based on the results
				of the general medical history and the physical examination of the candidate,
				the existence of any of the conditions identified in subsection (b) will result
				in the revocation of the candidate's conditional offer of employment unless the
				conditions can be eliminated or effectively reduced by reasonable
				accommodations to the extent required under the Americans with Disabilities Act
				as determined by the appointing authority and certified to PERF.
(b) The following are disqualifying
				conditions:
(1) Vision testing as follows:
(A) Any of the following tests for far vision
				acuity:
(i) Binocular vision not correctable
				to at least 20/30.
(ii) Vision of
				the worse eye not correctable to at least 20/50.
(iii) Uncorrected binocular vision of worse
				than 20/100, with the exception that long term successful users of soft contact
				lenses do not have to meet this uncorrected standard.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 10 - Preexisting Excludable Medical Conditions › Section 10-1 - Purpose

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-13.6
Affected: IC 36-8-8-13.5
Sec. 1.
(a) This rule
				identifies the Class 3 preexisting excludable conditions which, under IC
				36-8-8-13.5 and IC 36-8-8-13.6, make members of the 1977 Police Officers' and
				Firefighters' Pension and Disability Fund (Fund) ineligible under certain
				circumstances for the Class 3 impairment benefits established in IC
				36-8-8-13.5(e).
(b) The purpose of
				this rule is to permit the continued development and administration of the Fund
				in accordance with accepted principles of risk assessment. This rule is
				designed to protect the fiscal integrity of the Fund by identifying certain
				preexisting conditions that have a substantial likelihood of causing
				impairments that would result in a member of the Fund becoming eligible for
				Class 3 impairment benefits.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 10 - Preexisting Excludable Medical Conditions › Section 10-3 - Statement of understanding

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-3.5-12; IC 36-8-8-13.5; IC
				  36-8-8-13.6
Sec. 3.
An application for membership in the 1977 Police Officers'
				  and Firefighters' Pension and Disability Fund must include a statement of
				  understanding signed by the candidate. This statement must be presented to and
				  signed by the candidate when a conditional offer of employment is extended. The
				  statement must include an explanation of the effect of this rule and a
				  provision affirming that the candidate understands the effect this rule may
				  have on his or her eligibility for Class 3 impairment
				  benefits.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 1 - Survivor Benefits › Section 1-1 - Death of member and beneficiary

Current through July 10, 2024
Authority: IC 5-10-5.5-3; IC 5-10.5-4-2
Affected: IC 5-10-5.5-17
Sec. 1.
Survivor Benefits. If a retired member and his beneficiary
				  die prior to recovering contributions plus interest there is no lump sum refund
				  payable to the estate of the last beneficiary.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 1 - Survivor Benefits › Section 1-2 - Death in service; compliance with the Heroes Earning Assistance and Relief Tax Act of 2008 (HEART)

Current through July 10, 2024
Authority: IC 5-10-5.5-3; IC 5-10.5-4-2
Affected: IC 5-10-5.5-17
Sec. 2.
(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 State
[sic]
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 State
[sic]
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 State
[sic]
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 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 2 - Creditable Service › Section 2-1 - Re-employment after withdrawal of contributions

Current through July 10, 2024
Authority: IC 5-10-5.5-3; IC 5-10.5-4-2
Affected: IC 5-10-5.5-7
Sec. 1.
Creditable Service. If a participant in the fund terminates
				  employment prior to accumulating 15 years of service and withdraws his monies
				  in a lump sum he forfeits all service in the Plan. If the former participant is
				  re-employed as an Excise Officer or Conservation Officer he must repay all
				  withdrawn monies to receive credit for the prior service.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 2 - Creditable Service › Section 2-2 - Transfers with public employees retirement fund

Current through July 10, 2024
Authority: IC 5-10-5.5-3; IC 5-10.5-4-2
Affected: IC 5-10-5.5-7
Sec. 2.
PERF Service. Service as a Conservation Officer, Excise
				  Officer, Gaming Agent, or Gaming Control Officer can be transferred to PERF.
				  Service in PERF cannot be transferred to the Plan except as specifically
				  authorized by statute. Duplicate service cannot be granted.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 2 - Creditable Service › Section 2-3 - Calculation of creditable service

Current through July 10, 2024
Authority: IC 5-10-5.5-3; IC 5-10.5-4-2
Affected: IC 5-10-5.5-7; IC 5-10-5.5-10
Sec. 3.
(a) Total
				service credit is the sum of all creditable service including partial
				years.
(b) Notwithstanding (a)
[subsection (a)]
, a member's benefit is calculated on whole
				and not partial years.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 3 - Retirement Benefits › Section 3-1 - Retirement benefits

Current through July 10, 2024
Authority: IC 5-10-5.5-3; IC 5-10.5-4-2
Affected: IC 5-10-5.5-10
Sec. 1.
Retirement Benefits. The normal form of benefits is joint and
				  50% Survivor Benefit.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 3 - Retirement Benefits › Section 3-2 - Benefit payments pending appeal

Current through July 10, 2024
Authority: IC 5-10-5.5-3; IC 5-10.5-4-2
Affected: IC 5-10-5.5-10; IC 34-13-1-6
Sec. 2.
(a) A member
				who elects to exercise the right to appeal an adverse decision issued by the
				state excise police, gaming agent, gaming control officer, and conservation
				enforcement officers' fund 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.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 3 - Retirement Benefits › Section 3-3 - Administrative orders; proceedings; reviews

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 2-3.5-3-4; IC 4-21.5-3-5; IC 4-21.5-3-28; IC
				  5-10.2; IC 5-10.3-8-5; IC 33-38-6-23; IC 33-39-7-11
Sec. 3.
(a) The
				purpose of this rule is to establish procedures to process petitioner appeals
				of PERF staff actions, 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-Sec. 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) PERF 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
				PERF's initial determination to appeal in writing.
(4) Upon receipt by PERF 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,
				PERF 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 4 - STATE EXCISE POLICE, GAMING AGENT, GAMING CONTROL OFFICER & CONSERVATION ENFORCEMENT OFFICERS' RETIREMENT PLAN › Rule 4 - Vesting of Benefits › Section 4-2 - Vesting of benefits

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10-5.5-22
Sec. 2.
Vesting. A participant is vested under this fund upon:
(1) accumulating fifteen (15) years of
				creditable service; or
(2) for an
				officer who becomes a participant after becoming fifty (50) years of age,
				accumulating ten (10) years of creditable service. Pursuant to IC 5-10-5.5-22,
				officers who become participants after becoming fifty (50) years of age will
				not be eligible for the DROP until they have accumulated ten (10) years of
				service.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 6 - PENSION RELIEF FUND › Rule 1 - Administrative Cost › Section 1-1 - Administrative costs

Current through July 10, 2024
Authority: IC 5-10.3-11-2
Affected: IC 5-10.3-11
Sec. 1.
The cost of administering the Pension Relief Fund shall be
				  paid from the Pension Relief Fund.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 6 - PENSION RELIEF FUND › Rule 2 - Payments to Units of Local Government › Section 2-1 - Overpayment to units of local government; repayment

Current through July 10, 2024
Authority: IC 5-10.3-11-2
Affected: IC 5-10.3-11-3
Sec. 1.
Payments to Units of Local Government. Any unit of local
				  government that is found to have been overpaid a Pension Relief Distribution
				  shall be required to repay the Pension Relief Fund the total amount of the
				  overpayment. The repayment is calculated using the same factors used in the
				  year of the overpayment. An Interest Penalty shall be collected using the
				  Average Interest Rate earned on the Pension Relief Fund during the fiscal year
				  ended in which the overpayment originated. All funds repaid to the Pension
				  Relief Fund in a calendar year shall be added to the amount to be paid in the
				  following year's distribution.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 8 - PUBLIC EMPLOYEES' RETIREMENT FUND MODEL PLAN AMENDMENTS › Rule 1 - Adoption of IRS Model Amendment to Comply with the Unemployment Compensation Amendments of 1992 › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 2-3.5-3-4; IC 5-10.3-11-2; IC 5-10.5-4-2; IC
				  33-13-8-25; IC 33-14-9-10; IC 36-8-8-5
Affected: IC 2-3.5; IC 5-10-5.5; IC 5-10.3; IC 5-10.5; IC
				  33-13-8; IC 33-14-9; IC 36-8
Sec. 1.
(a) The
				definitions in this section apply throughout this article.
(b) "Board of trustees" means the board of
				trustees of the public employees' retirement fund.
(c) "Code" means the Internal Revenue Code of
				1986, 26 U.S.C. 1 et seq., and all amendments related thereto.
(d) "EGTRRA" means the Economic Growth and
				Tax Relief Reconciliation Act of 2001,
				P.L.
				107-16, and all applicable regulations and
				amendments related thereto.
(e)
				"Eligible rollover distribution" means any distribution of all or any taxable
				portion of the benefit to the credit of a member or a member's spouse, except
				that an eligible rollover distribution does not include the following:
(1) Any distribution that is one (1) of a
				series of substantially equal periodic payments, paid not less frequently than
				annually, made for the life or life expectancy of the member and the member's
				designated beneficiary.
(2) Any
				distribution that is one (1) of a series of substantially equal periodic
				payments for a specified period of ten (10) years or more.
(3) Any distribution to the extent such
				distribution is required under Section 401(a)(9) of the Code.
(4) The portion of any distribution that is
				not includible in gross income, provided that any portion of any distribution
				that is not includible in gross income may be an eligible rollover distribution
				for purposes of a rollover to either:
(A) a
				traditional individual retirement account or individual retirement annuity;
				or
(B) a qualified trust that is
				part of a plan that is a defined contribution plan that will separately account
				for the taxable and nontaxable portions of the distribution, in a direct
				trustee-to-trustee transfer; or
(C)
				on or after January 1, 2007, a qualified trust that is part of a plan that is a
				defined benefit plan or an annuity contract described in Section 403(b) of the
				Internal Revenue Code that will separately account for the taxable and
				nontaxable portions of the distribution, in a direct trustee-to-trustee
				transfer.
(5) Any
				distribution that is made upon hardship by the member.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 8 - PUBLIC EMPLOYEES' RETIREMENT FUND MODEL PLAN AMENDMENTS › Rule 1 - Adoption of IRS Model Amendment to Comply with the Unemployment Compensation Amendments of 1992 › Section 1-2 - Introduction

Current through July 10, 2024
Authority: IC 2-3.5-3-4; IC 5-10.3-11-2; IC 5-10.5-4-2; IC
				  33-38-6-23; IC 33-39-7-11; IC 36-8-8-5
Affected: IC 2-3.5; IC 5-10-5.5; IC 5-10.3; IC 5-10.5; IC
				  33-13-8; IC 33-14-9; IC 36-8-6-2; IC 36-8-7-3; IC 36-8-7.5-2
Sec. 2.
(a) The UCA
				was signed into law on July 3, 1992. The UCA expanded the permanent
				federal-state extended unemployment benefits program and extended the existing
				emergency unemployment insurance program. The sources of financing for the UCA
				benefit extensions include provisions affecting distributions from
				tax-qualified pension plans such as the funds. The provisions of the UCA were
				subsequently amended by EGTRRA.
(b)
				35 IAC 8-2 includes the model language set forth in Revenue Procedure 93-12,
				issued December 30, 1992, to amend the fund to comply with the requirements of
				Section 401(a)(31) of the Code. 35 IAC 8-2 reflects the Model Amendment drafted
				by the IRS, as amended by EGTRRA. The board of trustees recognizes that some
				provisions included in the model amendment language are not applicable to a
				governmental plan as defined in Section 414(d) of the Code. As a result, those
				provisions that are not applicable to a governmental plan will not be applied
				by the board of trustees. Any local board may elect to use a different
				compliance mechanism should they decide, through adoption of appropriate
				bylaws, under IC 36-8-6-2(g)(5), IC 36-8-7-3(c), or IC
				36-8-7.5-2(g)(5).