Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION
355 chapters · 3,747 sections in this title.
Ind. Code § 5-10-5.5-0.1 Application of certain amendments; payment options for a
2.4K chars
survivor of a participant who dies in the line of duty between January 31, 2018, and April 1, 2020 Sec. 0.1. (a) As used in this section, "plan" refers to the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan establi…
Ind. Code § 5-10-5.5-1 Definitions
2.9K chars
Sec. 1. The following definitions apply throughout this chapter, unless the context clearly denotes otherwise: (1) "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act. (2) …
Ind. Code § 5-10-5.5-10 Retirement allowance
0.9K chars
Sec. 10. (a) Benefits provided under this section are subject to section 2.5 of this chapter. (b) The annual retirement allowance of a participant, payable in equal monthly installments beginning on the participant's normal retirement date, shall be a percentage of the participan…
Ind. Code § 5-10-5.5-11 Early retirement
0.9K chars
Sec. 11. (a) Any participant who has attained the age of forty-five (45) years and has accrued at least fifteen (15) years of creditable service may retire and become eligible for benefits as provided in section 12(a) of this chapter. (b) If: (1) a participant is at least fifty-f…
Ind. Code § 5-10-5.5-12 Early retirement allowance; monthly installments
0.9K chars
Sec. 12. (a) The amount of annual retirement allowance payable in equal monthly installments to a participant who retires under section 11(a) of this chapter (relating to early retirement) shall be determined in accordance with section 10 of this chapter (relating to normal retir…
Ind. Code § 5-10-5.5-12.5 Repealed
0.1K chars
As added by P.L.56-1987, SEC.1. Repealed by P.L.25-1994, SEC.12.
Ind. Code § 5-10-5.5-12.7 Determinations by board of trustees; impairment standards;
1.4K chars
transcripts, reports, records, and other materials Sec. 12.7. (a) Upon a petition from a participant, the department, or the commission, the board of trustees of the Indiana public retirement system, or its designee, shall make the determinations required by section 13 of this ch…
Ind. Code § 5-10-5.5-13 Permanent or temporary disability
1.0K chars
Sec. 13. Any participant who becomes permanently or temporarily disabled from performing all suitable and available work on the force for which he is or may be capable of becoming qualified, considering reasonable accommodation to the extent required by the Americans with Disabil…
Ind. Code § 5-10-5.5-13.5 Disability occurring after June 30, 1987; presumption for line
2.5K chars
of duty disability; monthly benefits Sec. 13.5. (a) This section applies to participants whose disability occurred after June 30, 1987. (b) Benefits provided under this section are subject to section 2.5 of this chapter. (c) As used in this section, a disability is to be consider…
Ind. Code § 5-10-5.5-14 Disability occurring before July 1, 1987; allowance; monthly
1.4K chars
installments; cessation Sec. 14. (a) Benefits provided under this section are subject to section 2.5 of this chapter. (b) This subsection applies to participants who were disabled before July 1, 1987. Any participant eligible to receive disability benefits under section 13 of thi…
Ind. Code § 5-10-5.5-15 Surviving mothers, fathers, spouses, or unmarried children;
1.1K chars
eligibility for benefits Sec. 15. (a) This subsection applies to participants who die before February 1, 2018. Surviving mothers, fathers, surviving spouses or unmarried children under the age of eighteen (18) years, of participants who have accrued at least fifteen (15) years of…
Ind. Code § 5-10-5.5-16 Survivors' benefits; death before February 1, 2018; amount
2.9K chars
Sec. 16. (a) This section applies to participants who die before February 1, 2018. (b) Benefits provided under this section are subject to section 2.5 of this chapter. (c) A surviving mother or father nominated by the participant to receive survivors' benefits under the provision…
Ind. Code § 5-10-5.5-16.3 Survivors' benefits; other than line of duty death after January
2.5K chars
31, 2018; amount Sec. 16.3. (a) This section applies to: (1) an active participant, regardless of the participant's years of creditable service; and (2) an inactive participant with at least fifteen (15) years of creditable service; who dies other than in the line of duty after J…
Ind. Code § 5-10-5.5-16.6 Survivors' benefits; line of duty death after January 31, 2018;
2.3K chars
amount Sec. 16.6. (a) This section applies to participants who die in the line of duty after January 31, 2018. (b) Benefits provided under this section are subject to section 2.5 of this chapter. (c) A surviving mother or father nominated by the participant to receive survivors' …
Ind. Code § 5-10-5.5-17 Lump sum refund of contributions or payments
2.0K chars
Sec. 17. (a) Any participant whose employment as an officer is terminated before accumulating fifteen (15) years of creditable service and is not receiving a disability benefit under this chapter shall be entitled to a lump-sum refund of all contributions standing to the particip…
Ind. Code § 5-10-5.5-18 Termination of service before accumulating 15 years of
0.6K chars
creditable service Sec. 18. Any participant who terminates his service as an officer before accumulating fifteen (15) years of creditable service may, in the manner and under the conditions provided in the public employees' retirement law, again become a member of the public empl…
Ind. Code § 5-10-5.5-19 Public employees retirement fund law; applicability
0.4K chars
Sec. 19. The retirement plan created by this chapter shall, in all respects to the extent applicable and except as otherwise specifically enumerated in this chapter, be governed by the law creating the public employees' retirement fund, and for that purpose, the provisions of IC …
Ind. Code § 5-10-5.5-2 Creation; investment of plan assets
0.7K chars
Sec. 2. (a) There is hereby created a state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan to establish a means of providing special retirement, disability and survivor benefits to employees of the department, the India…
Ind. Code § 5-10-5.5-2.5 Qualification of plan under Internal Revenue Code
3.5K chars
Sec. 2.5. (a) As used in this chapter, "Internal Revenue Code": (1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or (2) to the extent not inconsistent with subdivision (1), has the meaning set forth i…
Ind. Code § 5-10-5.5-20 Old age and survivors benefits; supplemental retirement
2.1K chars
benefits; rights and liabilities not affected Sec. 20. Participation in the retirement plan created by this chapter shall not affect the participant's rights and liabilities under the provisions of IC 5-10.1, IC 5-10.2, and IC 5-10.3. Formerly: Acts 1972, P.L.1, SEC.1. As amended…
Ind. Code § 5-10-5.5-22 Deferred retirement option plan
7.2K chars
Sec. 22. (a) As used in this section, "DROP" refers to a deferred retirement option plan established under this section. (b) As used in this section, "DROP entry date" means the date that a participant's election to enter a DROP becomes effective. (c) As used in this section, "DR…
Ind. Code § 5-10-5.5-23 Voluntary benefit deductions
1.5K chars
Sec. 23. (a) Notwithstanding any other provision of this chapter, a participant, survivor, or beneficiary receiving a monthly benefit under this chapter may, after June 30, 2017, authorize the board to make a deduction from the monthly benefit. (b) An authorization for a deductio…
Ind. Code § 5-10-5.5-3 Management; confidentiality of retirement plan records
0.4K chars
Sec. 3. (a) The management administration of the retirement plan created by this chapter is hereby vested in the board. (b) Records of individual participants in the retirement plan created by this chapter and participants' information are confidential, except for the name and ye…
Ind. Code § 5-10-5.5-3.5 Administration of retirement plan consistent with Americans
0.4K chars
with Disabilities Act Sec. 3.5. The state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act. …
Ind. Code § 5-10-5.5-4 Participants' saving fund; creation
1.9K chars
Sec. 4. (a) A participants' savings fund is hereby created. This fund shall be maintained by the board as a trust fund, separate and distinct from all other entities for the purpose of securing payment of benefits to participants and their survivors, as provided in this chapter. …
Ind. Code § 5-10-5.5-5 Participants; eligibility
0.5K chars
Sec. 5. (a) Every person who is an officer on September 2, 1971, shall become a participant, unless the officer files a written notice of his election not to participate with the board within twenty (20) days prior to September 2, 1971. (b) Every person who becomes an officer aft…
Ind. Code § 5-10-5.5-6 Transfer of funds to savings fund
0.6K chars
Sec. 6. (a) Upon election to become a participant by any officer who is a member of the public employees' retirement fund, the board shall transfer all funds standing to the credit of the electing officer in the public employees' retirement fund to the participants' savings fund …
Ind. Code § 5-10-5.5-7 Transfer of creditable service; credit during disability
1.0K chars
Sec. 7. (a) Upon election to become a participant by any officer who is a member of the public employees' retirement fund, the board shall transfer all creditable service standing to the credit of the electing officer under the public employees' retirement fund to the credit of t…
Ind. Code § 5-10-5.5-7.5 Purchase of service credit earned in certain Indiana public
6.1K chars
retirement funds Sec. 7.5. (a) As used in this section, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. (b) As used in this section, "public retirement fund" refers collectively to: (1) the public employees' retirement…
Ind. Code § 5-10-5.5-8 Contributions; rate; payroll deductions; employer pick-up of
1.0K chars
contributions Sec. 8. (a) Except as provided in subsection (c), every participant shall contribute four percent (4%) of the participant's annual salary to the participants' savings fund. (b) Contributions shall be made in the form of payroll deductions from each and every payment…
Ind. Code § 5-10-5.5-8.5 Submission of contributions, reports, and records
0.9K chars
electronically Sec. 8.5. (a) This section applies to reports, records, and contributions submitted after December 31, 2011. (b) As used in this section, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f). (c) An employer shall submit through the use of elect…
Ind. Code § 5-10-5.5-9 Retirement provisions
0.6K chars
Sec. 9. (a) Except as provided in subsection (b), every participant is required to retire on the first day of the month following the participant's sixty-fifth birthday. (b) An officer who becomes a participant after becoming fifty (50) years of age is required to retire on the e…
Ind. Code § 5-11-5.5-1 Definitions
2.3K chars
Sec. 1. The following definitions apply throughout this chapter: (1) "Claim" means a request or demand for money or property that is made to a contractor, grantee, or other recipient if the state: (A) provides any part of the money or property that is requested or demanded; or (B…
Ind. Code § 5-11-5.5-10 Civil investigative demands; procedure
1.1K chars
Sec. 10. (a) If the attorney general or the inspector general has reason to believe that a person may be in possession, custody, or control of documentary material or information relevant to an investigation involving a false claim, the attorney general or the inspector general m…
Ind. Code § 5-11-5.5-11 Civil investigative demands; specificity and contents; time
3.0K chars
periods Sec. 11. (a) A civil investigative demand issued under this chapter must describe the conduct constituting a violation involving a false claim that is under investigation and the statute or rule that has been violated. (b) If a civil investigative demand is for the produc…
Ind. Code § 5-11-5.5-12 Civil investigative demands; protections from disclosure;
1.2K chars
objections Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if the material, answers, or testimony would be…
Ind. Code § 5-11-5.5-13 Civil investigative demands; service
0.5K chars
Sec. 13. (a) A civil investigative demand issued under this chapter may be served by an investigator or by any other person authorized to serve process. (b) A civil investigative demand shall be served in accordance with the rules of trial procedure. A court having jurisdiction o…
Ind. Code § 5-11-5.5-14 Civil investigative demands; response
0.5K chars
Sec. 14. (a) The production of documentary material in response to a civil investigative demand served under this chapter shall be made in accordance with Trial Rule 34. (b) Each interrogatory in a civil investigative demand served under this chapter shall be answered in accordan…
Ind. Code § 5-11-5.5-15 Civil investigative demands; possession of responses and
4.6K chars
transcripts; examination of responses Sec. 15. (a) The official who issued the civil investigative demand is the custodian of the documentary material, answers to interrogatories, and transcripts of oral testimony received under this chapter. (b) An investigator who receives docu…
Ind. Code § 5-11-5.5-16 Civil investigative demands; sanctions for failure to comply;
0.4K chars
protective orders Sec. 16. (a) A person who has failed to comply with a civil investigative demand is subject to sanctions under Trial Rule 37 to the same extent as a person who has failed to cooperate in discovery. (b) A person who objects to a civil investigative demand issued …
Ind. Code § 5-11-5.5-17 Civil investigative demands; confidentiality of responses
0.2K chars
Sec. 17. Documentary material, answers to written interrogatories, or oral testimony provided in response to a civil investigative demand issued under this chapter are confidential. As added by P.L.222-2005, SEC.23.
Ind. Code § 5-11-5.5-18 Application of Indiana Rules of Trial Procedure
0.2K chars
Sec. 18. Proceedings under this chapter are governed by the Indiana Rules of Trial Procedure, unless the Indiana Rules of Trial Procedure are inconsistent with this chapter. As added by P.L.222-2005, SEC.23.
Ind. Code § 5-11-5.5-2 False claims; civil penalty; reduced penalty for certain
2.7K chars
disclosures Sec. 2. (a) This section does not apply to: (1) a claim, record, or statement concerning income tax (IC 6-3); or (2) a claim, request, demand, statement, record, act, or omission made or submitted after June 30, 2014, in relation to the Medicaid program described in I…
Ind. Code § 5-11-5.5-3 Duties of inspector general and attorney general; concurrent
3.1K chars
jurisdiction to investigate; civil actions; when inspector general may bring a civil action; venue Sec. 3. (a) The: (1) attorney general; and (2) inspector general; have concurrent jurisdiction to investigate a violation of section 2 of this chapter. (b) If the attorney general d…
Ind. Code § 5-11-5.5-4 Civil action brought by person on behalf of state; dismissal;
3.3K chars
service on inspector general and attorney general; intervention by inspector general or attorney general; extension of time Sec. 4. (a) A person may bring a civil action for a violation of section 2 of this chapter on behalf of the person and on behalf of the state. The action: (…
Ind. Code § 5-11-5.5-5 Responsibilities of inspector general or attorney general as
5.5K chars
intervenors in civil action; venue; complainant as party; dismissal; limitations on complainant's participation; alternative proceedings Sec. 5. (a) If the attorney general or the inspector general intervenes in an action under section 4 of this chapter, the attorney general or t…
Ind. Code § 5-11-5.5-6 Compensation to complainant; exceptions and modifications
2.9K chars
Sec. 6. (a) The person who initially filed the complaint is entitled to the following amounts if the state prevails in the action: (1) Except as provided in subdivision (2), if the attorney general or the inspector general intervened in the action, the person is entitled to recei…
Ind. Code § 5-11-5.5-7 Lack of jurisdiction over certain civil actions brought by
2.3K chars
individual Sec. 7. (a) This section does not apply to an action brought by: (1) the attorney general; (2) the inspector general; (3) a prosecuting attorney; or (4) a state employee in the employee's official capacity. (b) A court does not have jurisdiction over an action brought …
Ind. Code § 5-11-5.5-8 Relief for whistleblowers
1.1K chars
Sec. 8. (a) An employee who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment by the employee's employer because the employee: (1) objected to an act or omission described in section 2 of th…
Ind. Code § 5-11-5.5-9 Service of subpoena; statute of limitations; burden of proof;
1.3K chars
estoppel Sec. 9. (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in the state. (b) A civil action under section 4 of this chapter is barred unless it is commenced: (1) not later than six (6) years …