reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-7 - Leave without pay

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 7.
The appointing authority, with the approval of the director,
				  may grant an employee leave without pay for a period not to exceed two (2)
				  years, whenever such leave is considered to be in the best interests of the
				  state. Such leave shall be requested in writing by the employee and shall
				  require written approval by the appointing authority and the director. Except
				  under unusual circumstances, voluntary separation from the service in order to
				  accept employment not in the state service shall not be considered by the
				  director as sufficient cause for the approval of a leave of absence without
				  pay. Upon expiration of a regularly approved leave without pay, or sooner upon
				  due notice if the interests of the service make it necessary, the employee
				  shall be returned to a position in the same class as the position held at the
				  time leave was granted. Employees on leave without pay due to personal illness,
				  injury, or legal quarantine may be required to submit medical proof from a
				  designated physician of fitness to return to work before resuming duties.
				  Failure of an employee on leave to report for duty after the appointing
				  authority issues a written notice to return shall be deemed unauthorized leave.
				  At the time such notice is sent to the employee on leave, the appointing
				  authority shall send a copy to the director.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-8 - Military leave without pay

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 8.
(a) Any
				employee, upon request, shall be granted a leave of absence without pay to
				cover the length of his or her services in the armed forces of the United
				States.
(b) No sick leave, personal
				leave, or vacation leave credits will accrue during military leave.
(c) An employee granted a military leave of
				absence shall be reinstated according to the dictates of federal law.
(d) If there is no vacancy, a vacancy shall
				be created by utilizing the layoff procedure.
(e) If the employee on military leave fails
				to make application for return from leave in compliance with applicable federal
				law, such failure will be considered as an automatic resignation.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-9 - Special leave

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 9.
(a) Subject
				to the approval of the director, employees occupying positions in the state
				classified service may be granted special leaves of absence to accept
				appointment to positions in the unclassified service.
(b) The special leave may be granted
				originally for any period of time up to a maximum of four (4) years. Such leave
				may be extended annually after the end of the fourth year to cover entire
				period of employment in the position.
(c) Upon termination of service in the
				position in the unclassified service, the employee shall be returned to the
				same or a reasonably comparable position as the position held at the time leave
				was granted. The rate of pay upon return to the state classified service shall
				be no less than that being paid at the time leave was granted unless such rate
				of pay is precluded due to change of salary grade or range for the
				class.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-10 - Special sick leave

Current through July 10, 2024
Authority: IC 4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 10.
Special sick leave that was accrued prior to July 1, 1989,
				  may be used as provided in
				  31 IAC
				  5-9-29.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-1 - Short-term disability; eligibility

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC
				  5-10-8-7;
				  IC 22-3-2
Sec. 1.
An employee who meets all the following criteria is entitled
				  to short-term disability benefits under this rule:
(1) The employee must be employed on a
				full-time basis and have worked a minimum period of six (6) consecutive months
				of continuous full-time employment (during which time the employee is actively
				working without a break in service due to resignation, retirement, layoff,
				leave of absence, or termination) prior to the beginning of the elimination
				period.
(2) The employee must be
				absent due to illness, injury, or legal quarantine as evidenced by a
				physician's signed statement.
(3)
				The employee must have been absent thirty (30) consecutive calendar days due to
				the disability.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-2 - Short-term disability; elimination period

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 2.
To be eligible for short-term disability benefits, the
				  employee must be absent from work for an elimination period of thirty (30)
				  consecutive calendar days. Authorization for absence and salary continuation
				  during the elimination period should be sought under the rules relating
				  to:
(1) vacation leave;
(2) sick leave;
(3) personal leave;
(4) compensatory time;
(5) previously accrued special sick
				leave;
(6) leave without pay;
				or
(7) worker's compensation.
The employee may choose the order in which vacation, sick
				  leave, personal leave, or compensatory time is charged during the elimination
				  period. On the thirty-first calendar day of absence due to disability, the
				  employee becomes eligible for short-term disability benefits.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-3 - Short-term disability; basic benefit

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15; IC 22-3-2
Sec. 3.
The basic short-term disability benefit is sixty percent
				  (60%) of the employee's base biweekly wage.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-4 - Short-term disability; augmentation of basic benefit

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 4.
The basic short-term disability benefit may be augmented up
				  to eighty percent (80%) of the employee's base biweekly wage by pro rata charge
				  against accrued leave balances. For example, an employee entitled to the
				  short-term disability benefit may receive eighty percent (80%) of his or her
				  base biweekly wage by subtracting one (1) day each week from the accrued leave
				  balance.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-5 - Short-term disability; duration

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 5.
Short-term disability benefit payments may not exceed five
				  (5) months.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-6 - Short-term disability; recurrence, continued treatment

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 6.
(a) An
				employee who returns to work from short-term disability and returns to nonwork
				status within three (3) months will not begin a new benefit period or be
				subjected to a new elimination period if the second disability is the same as
				the first. The entire period of absence will be considered as one (1)
				continuous period resulting from the same disability.
(b) If the employee returns to work but
				periodically needs time off for ongoing medical treatment related to the
				disability, the sporadic absences for treatment may be compensated at the basic
				benefit rate or, at the employee's option, the employee may use accrued leave
				and receive full compensation.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-7 - Long-term disability; contribution

Current through July 10, 2024
Authority: IC 4-15; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 7.
After six (6) months continuous full-time employment, an
				  employee contribution shall be collected through payroll deductions in the
				  amount of one-fourth of one percent (.25%) of the employee's gross biweekly
				  compensation.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-8 - Long-term disability; eligibility

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 8.
An employee who meets all the following criteria is entitled
				  to long-term disability benefits:
(1)
				The employee must be employed on a full-time basis and have six (6) months of
				continuous full-time employment prior to the beginning of the elimination
				period.
(2) The employee must be
				absent due to illness, injury, or legal quarantine as evidenced by a
				physician's signed statement.
(3)
				The employee must have been absent for a continuous period of six (6) months
				due to the disability.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-9 - Long-term disability; "disability" defined

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 9.
(a) Except
				as provided in sections 20(4) and 27 of this rule, for the first and second
				year, the long-term disability benefit is available if the employee is unable
				to perform work consistent with his or her classification.
(b) The long-term disability benefit is
				available for a third and fourth year if the employee is unable to perform the
				work of any occupation for which he or she is reasonably qualified by reason of
				education, training, or experience.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-10 - Long-term disability; basic benefit

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 10.
(a) For the
				first and second year of long-term disability, the basic benefit is fifty
				percent (50%) of the employee's base biweekly wage before disability.
(b) For the third and fourth year of
				long-term disability, the basic benefit is forty percent (40%) of the base
				biweekly wage before disability.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-11 - Long-term benefits; augmentation

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 11.
(a) During
				the first and second year of long-term disability benefits, the basic long-term
				disability benefit may be augmented to seventy percent (70%) of the employee's
				base biweekly wage, by subtracting one (1) day each week from an accrued leave
				balance.
(b) During the third and
				fourth year of long-term disability benefits, the basic long-term disability
				benefit may be augmented to sixty percent (60%) of the employee's base biweekly
				wage, by subtracting one (1) day each week from an accrued leave
				balance.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-12 - Long-term benefits; duration

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 12.
(a) Except
				as otherwise provided in this section, long-term disability benefit payments
				are limited to a maximum duration of four (4) years.
(b) Benefits will only be provided as long as
				the employee is deemed disabled.
(c) The maximum short-term and long-term
				benefit period for a mental or nervous disability is limited to twenty-four
				(24) months.
(d) The maximum
				short-term and long-term benefit period for drug or alcohol dependency
				rehabilitation is limited to twenty-four (24) months.
(e) The maximum benefit period for a
				disability occurring on or after attaining sixty-two (62) years of age is
				limited as follows:
Age at Disability
Benefit Duration
62
3.50 years
63
3.00 years
64
2.50 years
65
2.00 years
66
1.75 years
67
1.50 years
68
1.25 years
69 +
1.00 year
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-13 - Long-term disability; recurrence, continued treatment

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 13.
(a) An
				employee who returns to work from a long-term disability and returns to nonwork
				status within six (6) months will not begin a new benefit period or be subject
				to a new elimination period if the second disability is the same as the first.
				The entire period of absence will be considered as one (1) continuous period
				resulting from the same disability.
(b) If the employee returns to work but
				periodically needs time off for ongoing medical treatment related to the
				disability, the sporadic absences for treatment may be compensated at the basic
				benefit rate or, at the employee's option, the employee may use accrued leave
				and receive full compensation.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-14 - Long-term disability; return to work

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 14.
(a) If an
				employee, having recovered from the long-term disability, desires to return to
				work and the agency, in which he or she was employed before the onset of the
				disability, has no vacant position in their classification, or a similar
				classification with the same basic qualifications and salary range, then the
				layoff procedure shall be utilized to determine which employee is to be laid
				off.
(b) When benefits cease
				because the disability does not meet the standard set forth in section 9(b) of
				this rule, the last appointing authority, for whom the employee worked before
				the onset of the disability, shall offer the employee the next available
				position, within thirty (30) miles of his or her designated work station before
				the onset of the disability, at the same or a lower skill level, that he or she
				is legally qualified to fill and physically capable of performing. The
				appointing authority's obligation under this subsection ends, and employment
				will be terminated, upon the earlier of the:
(1) third declination of such an offer;
				or
(2) expiration of the maximum
				analogous time period, applicable to the employee, set forth in section 12 of
				this rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-15 - Exclusions

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 15.
Neither short-term nor long-term disability benefits are
				  payable for a disability resulting from the following:
(1) War, declared or undeclared.
(2) Participation in a rebellion,
				insurrection, or riot.
(3)
				Intentionally self-inflicted injury.
(4) Commission of, or attempt to commit, a
				crime.
(5) An accident caused by
				intoxication due to alcohol or illicit drugs.
(6) Willful failure to follow designated
				safety procedures.
(7) Willful
				disregard of rules.
(8) Willful
				failure to perform a stated duty.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-16 - Administration

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15; IC
				  5-10-8-7;
				  IC 22-3-2
Sec. 16.
(a) The
				application for benefits must:
(1) be
				submitted by the employee, or some person acting on his or her behalf, to the
				state personnel department or, if a third party administrator is contracted by
				the state, to the third party administrator; and
(2) include a request for benefits and a
				signed physician's statement evidencing the nature, extent, and probable
				duration of the disability.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-17 - Medical examinations

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15; IC
				  5-10-8-7;
				  IC 22-3-2
Sec. 17.
The appointing authority, state personnel department,
				  disability determination bureau of the division of disability and
				  rehabilitative services, or a third party administrator contracted by the state
				  may require examination by designated physicians. Examinations by state
				  designated physicians shall be paid for by the state. Failure of the employee
				  to submit to a required examination or waive the patient/physician privilege
				  results in a disqualification of eligibility for benefits. The employee is not
				  required to waive the patient/physician privilege as to medical conditions
				  unrelated to his or her claim for benefits.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-18 - Payroll

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15; IC
				  5-10-8-7;
				  IC 22-3-2
Sec. 18.
Benefits shall be:
(1) paid using the auditor's payroll system;
				and
(2) processed through the state
				personnel department or third party administrator.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-19 - Staffing table location

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 19.
(a)
				Employees on short-term disability will continue to occupy an appropriately
				classified position on the staffing report of the employing agency.
(b) Employees on long-term disability will be
				removed from the staffing report of the employing agency and placed on a
				special staffing report containing the names and occupations of all persons on
				long-term disability. The state personnel director is the appointing authority
				for employees on long-term disability; however, employees given job assignments
				under the partial disability program are subject to the appointing authority
				that assigns the work.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-20 - Termination

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15; IC
				  5-10-8-7;
				  IC 22-3-2
Sec. 20.
Benefits terminate when any of the following occur:
(1) The employee fails to submit information
				necessary for claim administration, including, but not limited to, the
				following:
(A) Authorizing attending
				physicians to release information to the state and third party administrator on
				the employee's condition and prognosis.
(B) Timely reporting income from sources
				specified in section 22(a) or 25 of this rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-21 - Continuation of benefits

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 21.
(a) Group
				health, dental, vision, and life insurance will be continued in force for
				employees on short-term and long-term disability. Employee contributions toward
				the premiums shall be deducted from the disability payments.
(b) An employee who qualifies for the
				short-term or long-term disability program but whose benefits would be zero (0)
				because of the offset provisions of section 22 of this rule shall receive a
				guaranteed minimum benefit sufficient to make the employee contribution to
				group medical, dental, vision, and life insurance offered by the state that the
				employee was enrolled in at the time the disability began.
(c) The long-term disability premium
				contribution shall be waived for employees receiving the long-term disability
				benefit.
(d) No sick, vacation,
				personal, or other paid leave accrues while the employee is on short-term or
				long-term disability.
(e) Time
				spent on short-term or long-term disability is credited as service for
				retirement fund purposes.
(f)
				Retirement fund benefits will be calculated only once while the employee is on
				short-term or long-term disability. Retirement fund benefits will not be
				recalculated until the short-term and long-term disability benefits cease.
				However, any increases in benefits granted by the Indiana general assembly will
				increase the employee's pension payments.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-22 - Offsets

Current through July 10, 2024
Authority: IC 4-15-12.2-19
Affected: IC 4-15; IC
				  5-10-8-7;
				  IC 22-3-2
Sec. 22.
(a)
				Short-term and long-term disability salary continuation benefits shall be
				reduced, dollar for dollar, if the employee derives income, as the primary
				recipient, from any of the following sources:
(1) Social Security.
(2) Public employees' retirement
				fund.
(3) Teachers' retirement
				fund.
(4) Any other state supported
				retirement fund.
(5) Pension
				disability.
(6) Worker's
				compensation salary continuation benefits.
(7) Benefits provided from another employer's
				group plan.
(8) Remuneration for
				employment entered into after the disability was incurred.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-23 - Income adjustments

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 23.
(a)
				Short-term and long-term disability benefits are not subject to adjustment
				based on increases in Social Security or pension benefits. Once the amount of
				Social Security and pension benefits are set, they will be treated as if they
				remained constant for the duration of payments under this rule, such that no
				further offset will be made to reduce benefits under this rule.
(b) General salary adjustments granted to all
				employees in the disabled employee's classification:
(1) shall cause the disabled employee's base
				gross biweekly wage to be adjusted; and
(2) will result in an increase in benefits
				under this rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-24 - Other employment

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15; IC
				  5-10-8-7;
				  IC 22-3-2
Sec. 24.
(a) An
				employee who accepts other employment while receiving short-term or long-term
				disability payments shall give notice, within seven (7) calendar days, to the
				state personnel department or the third party administrator, if a third party
				administrator is contracted by the state.
(b) Persons receiving short-term or long-term
				disability payments may be prohibited from accepting other employment outside
				state government that would retard their rehabilitation.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-25 - Subrogation

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 22-3-2
Sec. 25.
An employee's right to recover in tort is subrogated to the
				  state to the extent of benefits paid under this rule. If a tort claim is
				  settled for less than the amount of benefits paid, subrogation is limited to
				  one-half (1/2) of settlement amount.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-26 - Tortious acts within scope of employment

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 26.
(a) An
				employee who, in the scope of state employment, is disabled by injuries
				resulting from the tortious act of another person, shall receive one hundred
				percent (100%) of his or her base biweekly wage.
(b) A seven (7) calendar day elimination
				(waiting) period applies to this benefit. During the elimination period, the
				employee may use accrued leave benefits.
(c) The maximum duration of benefits under
				this section is one (1) calendar year from the date of the job related
				injury.
(d) After exhaustion of
				this benefit, the employee is eligible for salary continuation under worker's
				compensation or long-term disability. In this situation, long-term disability
				benefits may be provided for the maximum duration allowed by section 12 of this
				rule, subject to the termination and other provisions of this rule.
(e) The employee cannot receive both this
				benefit and salary continuation under worker's compensation
				simultaneously.
(f) The period of
				time an employee is eligible for temporary total disability payments or total
				permanent disability payments is reduced by the amount of time he or she
				received benefits under this section.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-27 - Partial disability

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 27.
(a)
				Short-term and long-term disability benefits will be paid only if the
				disability would not permit the employee to perform any other job assignment
				and an appointing authority does not assign duties the employee is physically
				capable of performing, according to the determinations made in sections 16 and
				17 of this rule.
(b) An employee
				unable to do his or her regular job, but who returns to work and performs any
				job assignment will receive eighty percent (80%) of his or her base biweekly
				wage or the minimum hourly rate for services performed, whichever is
				greater.
(c) An employee who
				refuses an appropriate temporary assignment shall be terminated from
				employment, and benefits under this rule shall cease.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-28 - Other accrued leave; option

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 28.
After the elimination period and prior to application for
				  short-term and long-term disability, an employee may request and the appointing
				  authority may allow use of accrued:
(1) compensatory time off;
(2) sick leave;
(3) vacation leave;
(4) personal leave; or
(5) special sick leave.
One (1) day of accrued leave shall be charged for each day of
				  absence.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-29 - Retention of previously accrued benefits

Current through July 10, 2024
Authority: IC 4-15-2.2-19; IC 5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 29.
(a) Special
				sick leave benefits accrued by employees prior to July 1, 1989, in accordance
				with
				31 IAC
				1-9-5, which was repealed, filed August 7, 1989, 3:30
				p.m., printed at 12 IR 2218, or
				31 IAC
				2-11-6, which was repealed, filed August 7, 1989, 3:30
				p.m., printed at 12 IR 2218, that are unused as of June 30, 1989, remain on
				account for use by the employee who has been continuously employed since July
				1, 1989.
(b) An employee with more
				than one (1) year but less than five (5) years of continuous full-time
				employment as of June 30, 1989, is entitled to credit with special sick leave
				equal to one (1) calendar week for each calendar year of continuous full-time
				state employment completed prior to July 1, 1989. A proportionate amount of
				special sick leave will be allowed for that period of continuous service in
				excess of complete years, prior to July 1, 1989.
(c) After exhaustion of accumulated vacation
				leave, sick leave, personal leave, and compensatory time off, the special sick
				leave account may be used by the employee in the following circumstances:
(1) During the elimination period, prior to
				the beginning of disability benefits, as provided in section 2 or 26(b) of this
				rule.
(2) To augment short-term or
				long-term disability benefits as provided in sections 4 and 11 of this
				rule.
(3) In lieu of short-term and
				long-term disability benefits as provided in section 28 of this rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 9 - Short-Term and Long-Term Disability › Section 9-30 - Agency election

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-8-6;
				  IC
				  5-10-8-7
Affected: IC 4-15; IC
				  5-10-8-4;
				  IC
				  5-10-8-6
Sec. 30.
The administrative heads of the state police, conservation
				  officers, and state excise police shall notify the state personnel director
				  whether the provisions of this rule will apply to their employees or whether
				  they will establish separate plans providing equal benefits under IC
				  5-10-8-4
				  and IC
				  5-10-8-6.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 10 - Retiree Leave Conversion › Section 10-1 - Definitions

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-12-4
Affected: IC
				  5-10-8-8;
				  IC 5-10-12; IC 20-12-0.5-1
Sec. 1.
The following definitions apply throughout this rule:
(1) "Eligible retiree" means an individual
				who:
(A) has at least ten (10) years of
				creditable service with a state agency;
(B) retires after June 30, 2000;
(C) has accrued but unused and uncompensated
				sick, vacation, or personal leave on the employee's retirement date;
				and
(D) has not previously received
				the benefits of converting leave under this rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 10 - Retiree Leave Conversion › Section 10-2 - Applicability

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-12-4
Affected: IC
				  5-10-8-8;
				  IC 5-10-12
Sec. 2.
This rule applies to an eligible retiree who retired from a
				  state agency.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 10 - Retiree Leave Conversion › Section 10-3 - Deposits

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-12-4
Affected: IC
				  5-10-8-8;
				  IC 5-10-12
Sec. 3.
The state will pay the eligible retiree the amount determined
				  in section 4 of this rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 10 - Retiree Leave Conversion › Section 10-4 - Leave valuation and maximum

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-12-4
Affected: IC
				  5-10-8-8;
				  IC 5-10-12
Sec. 4.
(a) Subject
				to subsection (b), for the purpose of the retiree leave conversion program, the
				value of accrued but unused and uncompensated sick, vacation, or personal leave
				is determined as follows:
STEP ONE: Divide the retiree's regular biweekly salary, as
				  reflected on the state personnel department's staffing report as of the
				  retirement date, by seventy-five (75).
STEP TWO: Multiply the quotient determined in STEP ONE by the
				  number of hours of sick, vacation, and personal leave that the retiree had
				  accrued but which were unused and uncompensated at the time of
				  separation.
STEP THREE: Multiply the product of STEP TWO by the
				  following:
(A) Twenty percent (20%),
				for a retiree with at least ten (10) years of creditable service but less than
				fifteen (15) years of creditable service.
(B) Thirty-five percent (35%), for a retiree
				with at least fifteen (15) years of creditable service but less than twenty
				(20) years of creditable service.
(C) Fifty percent (50%), for a retiree with
				at least twenty (20) years of creditable service.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 10 - Retiree Leave Conversion › Section 10-5 - Limitations

Current through July 10, 2024
Authority: IC 4-15-2.2-19; IC 5-10-12-4
Affected: IC 5-10-8-8; IC 5-10-12
Sec. 5.
This rule is not intended to create any additional rights to
				  compensation for accrued but unused vacation, sick, or personal leave beyond
				  those rights expressly granted. Except as otherwise provided in this rule, a
				  state employee is not entitled to compensation at separation for unused sick or
				  personal leave and payment for accrued but unused vacation continues to be
				  limited to two hundred twenty-five (225) hours in accordance with
				  31 IAC
				  5-8-2(g)(1).
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 10 - Retiree Leave Conversion › Section 10-6 - Death before retirement

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19; IC
				  5-10-12-4
Affected: IC
				  5-10-8-8;
				  IC 5-10-12
Sec. 6.
If an employee dies while employed by a state agency, the
				  state will pay the amount that would have been paid under this article if the
				  employee had retired effective the day the employee died.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 11 - Layoff › Section 11-1 - Layoff from the state service

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC
				  4-15-2.2-40
Sec. 1.
An appointing authority may lay off an employee in accordance
				  with the provisions of IC
				  4-15-2.2-40.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 12 - Disciplinary Actions and Separations › Section 12-1 - Demotion

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 1.
An appointing authority or his or her designee may demote an
				  employee by presenting the employee with written notice of demotion, a copy of
				  which shall be filed with the director. If the employee is not available,
				  written notice shall be sent to the employee's last known address.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 12 - Disciplinary Actions and Separations › Section 12-2 - Suspension

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 2.
(a) An
				appointing authority or his or her designee may suspend any employee without
				pay, for disciplinary purposes, by presenting the employee with a written
				notice of suspension, a copy of which shall be filed with the director. If the
				employee is not available, written notice shall be sent to the employee's last
				known address.
(b) An appointing
				authority or his or her designee may suspend any employee without pay pending
				an investigation or trial of any charges against him or her. If the outcome of
				the charges or trial of any charges is favorable to the employee, the
				appointing authority shall reimburse the employee for any lost wages and
				benefits for the suspension period less any wages the employee might have
				earned during the suspension period from other employment.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 12 - Disciplinary Actions and Separations › Section 12-3 - Dismissal

Current through July 10, 2024
Authority: IC 4-15-2.2-19
Affected: IC 4-15-2.2-34; IC 4-15-2.2-42
Sec. 3.
(a) An
				appointing authority or the appointing authority's designee may dismiss an
				employee and terminate his or her employment by presenting the employee with a
				written notice of dismissal, a copy of which shall be filed with the director.
				If the employee is not available, written notice shall be sent to the
				employee's last known address.
(b)
				An appointing authority may dismiss an employee in a working test in accordance
				with IC 4-15-2.2-34.
(c) Except as
				provided in 31 IAC 5-9, an employee, eligible for benefits or subject to the
				elimination period under 31 IAC 5-9, may not be dismissed from employment due
				to his or her absence which results solely from the disability.
(d) A dismissed employee shall forfeit all
				accrued sick, personal, and vacation leave.
(e) An employee who is dismissed may be
				entitled to initiate a complaint, as provided in IC
				4-15-2.2-42.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 12 - Disciplinary Actions and Separations › Section 12-4 - Resignation

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2; IC 5-8-4
Sec. 4.
Any employee wishing to leave in good standing shall give the
				  appointing authority at least two (2) weeks written notice in advance of
				  separation. Under unusual circumstances, less time may be considered as
				  sufficient to permit the employee to leave the service in good standing.
				  Failure to comply with this requirement shall be entered on the service record
				  of the employee and may be the cause of denying future
				  employment.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 1 - General Provisions › Section 1-1 - Administration

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.1; IC 5-10.2; IC 5-10.3-2-1; IC
				  5-10.5-3-1
Sec. 1.
The public employees' retirement fund of Indiana, created
				  under IC 5-10.3-2-1 (hereinafter referred to as the fund or PERF) shall be
				  administered by its board of trustees (hereinafter referred to as the board),
				  which includes the implementation of IC 5-10.1, IC 5-10.2, and IC
				  5-10.3.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 1 - General Provisions › Section 1-2 - Delegation of authority; powers and duties of executive director

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3-2-1; IC 5-10.5-6
Sec. 2.
(a) The
				executive director is the executive officer of the fund's affairs and
				operations, makes eligibility and other determinations on applications made to
				the board, makes periodic reports to the board, and performs all other duties
				assigned by the board. The executive director shall cause all applicants and
				other necessary persons to be notified promptly of any determinations made
				concerning such applications.
(b)
				The executive director shall have the authority to enter into agreements and
				sign contracts on behalf of the fund pursuant to and in accordance with
				procurement policies established by the board.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 1 - General Provisions › Section 1-3 - General powers

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2; IC 5-10.3; IC 5-10.5-4
Sec. 3.
The board may employ investment managers, custodians, and
				  investment consultants to carry out the powers and duties of the fund. The
				  executive director may employ all necessary employees, auditors, technical
				  experts, legal counsel, and other service providers to carry out the powers and
				  duties of the fund.
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 1 - General Provisions › Section 1-4 - Normal retirement age

Current through July 10, 2024
Authority: IC 5-10.3-3-8; IC 33-38-6-23
Affected: IC 33-38-7-11; IC 33-38-8-13
Sec. 4.
For purposes of permissible in-service distributions subject
				  to the service restrictions of IC 33-38-7-11 and IC 33-38-8-13 a member's
				  normal retirement age is:
(1) at least
				sixty-two (62) years of age with at least eight (8) years of service credit;
				or
(2) at least fifty-five (55)
				years of age and the participant's age and years of service credit is at least
				eighty-five (85).
Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 1.2 - PUBLIC EMPLOYEES' RETIREMENT FUND › Rule 1 - General Provisions › Section 1-5 - Confidentiality of fund records administered by the Indiana public retirement system

Current through July 10, 2024
Authority: IC
				  5-10.5-4-2
Affected: IC 2-3.5; IC 4-1-6; IC 5-10.2; IC 5-10.3; IC
				  5-10.4; IC
				  5-10.5-6-4;
				  IC
				  29-1-8-1;
				  IC
				  29-1-8-1.5;
				  IC 29-3; IC 33-38; IC 36-8
Sec 5.
(a) This rule
				applies to all pension trust funds administered by INPRS.
(b) INPRS fund records of individual members
				and membership information are confidential, except as provided in IC
				5-10.5-6-4.
				INPRS may in its sole discretion provide member records or membership
				information to members of the Indiana general assembly or their agents when
				such information is necessary to accomplish legal functions of such members of
				the general assembly, or to:
(1) state
				agencies pursuant to and in accordance with the Fair Information Practices Act
				when such information is necessary to accomplish the statutory functions of
				such agencies;
(2) independent
				bodies corporate and politic to accomplish statutory functions of such
				independent bodies so long as such independent bodies are contractually bound
				by a confidentiality agreement approved by INPRS and where in INPRS' sole
				discretion determines there is a necessity to provide such records;
(3) service providers who contract with INPRS
				so long as such service providers are contractually bound by a confidentiality
				agreement approved by INPRS and where in INPRS' sole discretion determines
				there is a necessity to provide such records;
(4) any person with express permission of the
				member, the member's attorney in fact, or guardian of the member established
				under the Indiana Probate Code;
(5)
				an active member's covered employer where in INPRS' sole discretion determines
				there is a necessity to provide such records so long as such employers are
				contractually bound by a confidentiality agreement approved by INPRS;
(6) the designated beneficiary or
				beneficiaries of a deceased member, personal representative of a deceased
				member with letters
[sic]
testamentary, or to a person
				pursuant to an affidavit described in IC
				29-1-8-1
				or IC
				29-1-8-1.5;
				however, such release of information is limited to the information required to
				be released by statute or is necessary to accomplish the legal functions of the
				personal representative or the affiant; or
(7) comply with state or federal law,
				subpoena, discovery pursuant to the Indiana rules of trial procedure or the
				Indiana Orders and Procedures Act, or other court order.
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 3-1 - Creditable service

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3; IC 5-10.3
Sec. 1.
All creditable service is determined by IC 5-10.2-3 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 3 - Creditable Service › Section 3-2 - Reemployment after termination of employment; suspension of membership; withdrawal of contributions

Current through July 10, 2024
Authority: IC 5-10.5-4-2
Affected: IC 5-10.2-3-5; IC 5-10.2-3-6; IC 5-10.3
Sec. 2.
(a) To cancel
				previous suspension, after termination of employment and withdrawal of
				contributions or by operation of IC 5-10.2-3-5, and qualify prior service as
				creditable service, the individual must be reemployed in a PERF or TRF-covered
				position for a period of not less than six (6) consecutive months; however, if
				the employee shows to the satisfaction of the fund that there was bona fide
				intent to return to employment and comply with this rule and the employee 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 the reemployment, then such six (6) month requirement shall be
				waived.
(b) Whenever a member is
				suspended pursuant to IC 5-10.2-3-5(c), the fund shall conduct an investigation
				to locate the member.
(c)
				Reasonable costs of locating the member may be charged against the member's
				ASA.
(d) Pursuant to IC
				5-10.2-3-6(d), whenever a valid address can be determined for the member, the
				fund shall automatically make a lump sum distribution to the member from the
				member's ASA not to exceed one thousand dollars ($1,000).
(e) Prior to the distribution, the Fund shall
				serve the member with any required notices, as well as notice to the member
				explaining the reason for the distribution.
(f) Pursuant to IC 5-10.2-3-6(b), if the
				member is not located or does not claim his monies, or both, within five (5)
				years after suspension, the monies shall be credited to the fund and the fund
				shall retain the monies until the member or the member's beneficiary claims
				them with no further interest credits or earnings after the monies are credited
				to the fund.