Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

As added by P.L.73-1989, SEC.1. Repealed by P.L.52-1991, SEC.9.

Sec. 3.5. As used in this chapter, "entity" refers to a person that: (1) has submitted a bid to be evaluated by a consultant; or (2) was awarded a contract by a consultant. As added by P.L.52-1991, SEC.2.

Sec. 4. As used in this chapter, "fiscal body" has the meaning set forth in IC 36-1-2-6. As added by P.L.73-1989, SEC.1.

Sec. 5. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13. As added by P.L.73-1989, SEC.1.

Sec. 5.5. (a) A consultant has a conflict of interest if any of the following apply: (1) The entity has given a gift or gifts: (A) to the consultant, the consultant's spouse, or the consultant's unemancipated children; (B) that have a total fair market value of more than one hund…

Sec. 6. (a) A consultant shall file a conflict of interest disclosure if the consultant has a conflict of interest under section 5.5 of this chapter. (b) The disclosure required under subsection (a) must describe the conflict of interest. (c) The consultant shall file the disclos…

Sec. 7. The consultant shall file the disclosure required by section 6 of this chapter with: (1) the state ethics commission, if the consultant contracts with the state; or (2) the clerk of a political subdivision, or the fiscal body of a political subdivision that has no clerk, …

Sec. 8. The consultant shall make the disclosure required by section 6 of this chapter under affirmation. As added by P.L.73-1989, SEC.1. Amended by P.L.52-1991, SEC.6.

As added by P.L.73-1989, SEC.1. Repealed by P.L.52-1991, SEC.9.

Sec. 1. Subject to section 2 of this chapter, a governmental body shall purchase from the department of correction supplies and services produced or manufactured by the department under IC 11-10-6 as listed in the department's printed catalog unless the supplies and services cann…

Sec. 2. Supplies and services purchased under this chapter must: (1) meet the specifications and needs of the purchasing governmental body; and (2) be purchased at a fair market price. As added by P.L.49-1997, SEC.1.

Sec. 3. The department of correction shall furnish each governmental body a catalog with the following information: (1) Supplies and services available for sale. (2) Prices of supplies and services available for sale. As added by P.L.49-1997, SEC.1.

Sec. 1. The general assembly finds the following: (1) Mandatory divestment by the system of the system's holdings in certain companies is a measure that should be employed only under extraordinary circumstances. (2) The Jewish state of Israel is the only democracy in the Middle E…

Sec. 10. As used in this chapter, "restricted business" means a business that engages in boycott, divest from, or sanction Israel activity. As added by P.L.177-2016, SEC.1.

Sec. 11. As used in this chapter, "system" refers to the Indiana public retirement system established by IC 5-10.5-2-1. As added by P.L.177-2016, SEC.1.

Sec. 12. (a) Not later than January 31, 2017, the board shall make a good faith effort to identify all restricted businesses in which a fund has direct or indirect holdings. (b) In carrying out its responsibilities under subsection (a), and at the board's discretion, the board ma…

Sec. 13. After the board creates or updates the restricted business list under section 12 of this chapter, the board shall immediately identify the businesses on the restricted business list in which a fund has direct or indirect holdings. As added by P.L.177-2016, SEC.1.

Sec. 14. (a) The board shall send to each restricted business that is identified under section 13 of this chapter as a business in which a fund has direct or indirect holdings a written notice concerning the contents of this chapter and a statement indicating that the fund's hold…

Sec. 15. If, within ninety (90) days after the system's first engagement with a business under section 14 of this chapter, the business ceases boycott, divest from, or sanction Israel activity, the business shall be removed from the restricted business list and sections 16, 17, 1…

comingled funds Sec. 16. (a) Except as provided in sections 18 and 19 of this chapter, if, after ninety (90) days after the system's first engagement with a business under section 14 of this chapter, the business continues to engage in boycott, divest from, or sanction Israel act…

Sec. 17. Except as provided in sections 18 and 19 of this chapter, the system shall not acquire for a fund securities of businesses on the restricted business list. As added by P.L.177-2016, SEC.1.

Sec. 18. If the United States government affirmatively declares any business on the restricted business list to be excluded from any federal sanctions related to boycott, divest from, or sanction Israel activity, the business is not subject to divestment or investment prohibition…

funds Sec. 19. Notwithstanding any provision to the contrary, sections 16 and 17 of this chapter do not apply to indirect holdings in actively managed investment funds. However, if a fund has indirect holdings in an actively managed investment fund containing the securities of re…

Sec. 2. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. As added by P.L.177-2016, SEC.1.

Sec. 20. This chapter does not apply directly to private equity funds. However, the board shall ensure that reasonable efforts are made during the due diligence process before an investment is made in a private equity partnership to determine whether any investments by the privat…

Sec. 21. (a) On or before November 1, 2017, and thereafter as directed by the legislative council, the board shall submit a report in an electronic format under IC 5-14-6 to the executive director of the legislative services agency for distribution to the members of the general a…

Sec. 22. This chapter expires on the earliest of the following: (1) Twelve (12) months after the date on which boycott, divest from, or sanction Israel activity ceases. (2) The date on which the United States government revokes any sanctions imposed on persons engaged in boycott,…

obligations Sec. 23. With respect to actions taken in compliance with this chapter, including all good faith determinations regarding businesses on the restricted business list, the system shall be exempt from any conflicting statutory or common law obligations, including any obl…

businesses; report to general assembly Sec. 24. (a) Notwithstanding any provision to the contrary, the system is permitted to cease divesting and to reinvest in certain restricted businesses on the restricted business list if evidence shows that the value for all assets under man…

Sec. 25. (a) Both: (1) the state and officers, agents, and employees of the state; and (2) the system and the board members, executive director, officers, agents, and employees of the system; are immune from civil liability for any act or omission related to the removal of an ass…

Sec. 26. The provisions of this chapter are severable in the manner provided under IC 1-1-1-8(b). As added by P.L.177-2016, SEC.1.

Sec. 3. Except as provided in section 1(6) of this chapter, as used in this chapter, "boycott, divest from, or sanction Israel activity" means action or inaction that: (1) furthers; (2) coordinates with; or (3) acquiesces in; an effort by another person to penalize, inflict econo…

Sec. 4. (a) As used in this chapter, "business" means any of the following that exist for profit making purposes: (1) A sole proprietorship. (2) An organization. (3) An association. (4) A corporation. (5) A partnership. (6) A joint venture. (7) A limited partnership. (8) A limite…

Sec. 5. As used in this chapter, "cost of divestment" means the sum of the following: (1) The costs associated with the sale, redemption, divestment, or withdrawal of an investment. (2) The costs associated with the acquisition and maintenance of a replacement investment. (3) A c…

Sec. 6. As used in this chapter, "direct holdings" means all securities of a business held directly by the system on behalf of a fund or in an account in which the system on behalf of a fund owns all shares or interests. As added by P.L.177-2016, SEC.1.

Sec. 7. As used in this chapter, "fund" refers to the following: (1) The Indiana state teachers' retirement fund. (2) The public employees' retirement fund. As added by P.L.177-2016, SEC.1.

Sec. 8. As used in this chapter, "indirect holdings" means all securities of a business: (1) held in an account or a fund; and (2) managed by one (1) or more persons not employed by the system, in which the system owns shares or interests on behalf of a fund together with other i…

Sec. 9. As used in this chapter, "research firm" means a reputable, neutral third party research firm not controlled by the system. As added by P.L.177-2016, SEC.1.

As added by P.L.220-2011, SEC.83. Repealed by P.L.6-2012, SEC.29.

Sec. 1. There is created within the public employees' retirement fund a separate account known as the pension relief fund. This fund is administered by the board of trustees of the Indiana public retirement system, referred to as the "state board" in this chapter. The pension rel…

Sec. 2. The state board shall: (1) make payments from the pension relief fund; (2) administer the pension relief fund in accordance with the powers and duties granted it in IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-6; and (3) provide by rule and regulation f…

Sec. 3. The pension relief fund may be used only for making payments to cities, counties, towns, and townships, referred to as "units of local government" in this chapter, having pension funds established under IC 18-1-12, IC 19-1-18, IC 19-1-24, IC 19-1-25-4, IC 19-1-30, IC 19-1…

total pension payments Sec. 4. (a) Monies from the pension relief fund shall be paid annually by the state board under the procedures specified in this section. (b) Each year, before a date set by the state board, each unit of local government must certify to the state board: (1)…

As added by P.L.47-1988, SEC.1. Amended by P.L.55-1989, SEC.24; P.L.1-1994, SEC.19; P.L.118-2000, SEC.3. Repealed by P.L.146-2008, SEC.814.

Sec. 4.7. (a) In 2009 and each year thereafter, the state board shall distribute from the pension relief fund to each unit of local government the total amount of pension, disability, and survivor benefit payments from the 1925 police pension fund (IC 36-8-6), the 1937 firefighte…

Sec. 5. At least annually the state board shall report in writing to each affected unit of local government the following information: (1) The projected pension payments for the next twenty (20) years. (2) The present value of the total future projected pension payments. [Pre-Loc…

Sec. 6. (a) The state board shall maintain separate accounts for each unit of local government for purposes of this section. The accounts are separate and distinct accounts within the public employees' retirement fund and the pension relief fund. (b) A unit of local government ma…