Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

or bonds Sec. 2. If the bank: (1) defaults in the payment of principal or interest on an issue of notes or bonds after they become due, whether at maturity or upon call for redemption, and the default continues for thirty (30) days; or (2) fails or refuses to comply with this art…

Sec. 3. (a) A trustee appointed under section 2 of this chapter shall, in his name, upon written request of the holders of twenty-five percent (25%) in principal amount of the outstanding notes or bonds: (1) by civil action enforce all rights of the holders, including the right t…

Sec. 1. A purchasing agent shall follow the procedure described in this chapter in awarding a contract for supplies, unless another purchasing method is required or authorized by this article. As added by P.L.49-1997, SEC.1.

Sec. 10. (a) The governmental body may adopt rules or establish policies to allow any of the following: (1) Correction or withdrawal of inadvertently erroneous bids before or after award. (2) Cancellation of awards or contracts based on a mistake described in subdivision (1). (b)…

Sec. 11. A purchasing agency may not permit changes in: (1) bid prices; or (2) other provisions of bids prejudicial to the interest of the governmental body or fair competition; after bid opening. As added by P.L.49-1997, SEC.1.

Sec. 12. If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the purchasing agent shall treat the additional material as a proposal for addition to the contract and may do any of the following: (1) Declare the bidder nonresponsive. (2) Pe…

changes to requirements of invitation for bids Sec. 13. (a) The purchasing agent may not accept proposed additions to the contract that are prejudicial to the interest of the governmental body or fair competition. (b) A decision of the purchasing agent to permit a change to the r…

Sec. 2. (a) A purchasing agent shall issue an invitation for bids. (b) An invitation for bids must include the following: (1) A purchase description. (2) All contractual terms and conditions that apply to the purchase. (3) A statement of the evaluation criteria that will be used,…

Sec. 3. Evaluation criteria that will: (1) affect the bid price; and (2) be considered in the evaluation for an award; must be objectively measurable. As added by P.L.49-1997, SEC.1.

Sec. 4. Only criteria specified in the invitation for bids may be used in bid evaluation. As added by P.L.49-1997, SEC.1. IC 5-22-7-5 Notice of invitation for bids Sec. 5. (a) The purchasing agency shall give notice of the invitation for bids in the manner required by IC 5-3-1. (…

Sec. 6. The purchasing agency shall open bids publicly in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids. As added by P.L.49-1997, SEC.1.

Sec. 7. Bids must be: (1) unconditionally accepted without alteration or correction, except as provided in sections 11 through 13 of this chapter; and (2) evaluated based on the requirements provided in the invitation for bids. As added by P.L.49-1997, SEC.1.

Sec. 8. A contract must be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder. As added by P.L.49-1997, SEC.1.

Sec. 9. (a) The purchasing agency shall maintain the following information: (1) The name of each bidder. (2) The amount of each bid. (3) Other information required by this article and rules adopted under this article. (b) The information described in subsection (a) is subject to …

Sec. 1. Records of an operator that is a party to a public-private agreement are subject to inspection and copying to the same extent the records would be subject to inspection and copying if the operator were a public agency under IC 5-14-3. This section is limited to records di…

Sec. 2. Records that are provided by an operator to the governmental body that relate to compliance by the operator with the terms of a public-private agreement are subject to inspection and copying in accordance with IC 5-14-3. As added by P.L.49-1997, SEC.34.

Sec. 1. The following definitions apply throughout this chapter: (1) "Business" includes an entity that has the objective of supplying a service or an article of trade or commerce. (2) "School corporation" has the meaning set forth in IC 20-18-2-16(a). (3) "Charter school" has th…

continuing operations Sec. 2. The corporation shall do the following: (1) Establish policies to carry out a training assistance program, the purpose of which is to provide assistance to the following: (A) New or expanding businesses, for the training or retraining of potential or…

evaluation; other entities Sec. 3. The corporation may do the following: (1) Adopt policies and guidelines necessary to carry out this chapter. (2) Accept money and other things of value from all sources to carry out the purposes of the training program. (3) Provide services and …

Sec. 4. Participation in the training program is limited to entities that: (1) meet the eligibility requirements of the corporation; and (2) comply with this chapter. As added by P.L.4-2005, SEC.34. Amended by P.L.167-2014, SEC.3.

Sec. 5. (a) The skills enhancement fund is established within the state treasury to be used exclusively for the purposes of this chapter. (b) The fund consists of: (1) appropriations from the general assembly; and (2) money repaid to the corporation under section 7 of this chapte…

Sec. 5.5. (a) This section applies to a grant initially awarded under this chapter after June 30, 2019. (b) Eligibility for a grant from the skills enhancement fund under this chapter is limited to cooperative arrangements or agreements that lead to: (1) for a participating emplo…

students Sec. 6. (a) The corporation may award grants from the skills enhancement fund to school corporations and charter schools to support cooperative arrangements with businesses for training students. (b) A school corporation or a charter school must apply to the corporation …

Sec. 7. (a) If the corporation determines that a business, school corporation, or charter school that has received public funds from a grant award under this chapter is not entitled to the public funds received from the grant award because of the business's, school corporation's,…

Sec. 1. Purpose of Codification. This article is intended to be a codification and restatement of applicable or corresponding provisions in prior law. A citation to prior law in the Indiana Code shall be construed as a citation to the appropriate provision of this article if the …

Sec. 2. Headings. The headings prefixed to sections of this article are included for organizational purposes and do not affect the meaning, application, or construction of the sections. As added by Acts 1977, P.L.53, SEC.1.

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.184-2001 apply only to members of the public employees' retirement fund or the Indiana state teachers' retirement fund who retire after June 30, 2001. As added by P.L.220-2011, SEC.79.

Sec. 0.3. Actions taken before April 16, 1987, that would have been valid under section 2 of this chapter, as amended by P.L.62-1987, are legalized and validated. As added by P.L.220-2011, SEC.80.

Sec. 1. (a) This section does not apply to: (1) members of the general assembly; or (2) employees covered by section 3 of this chapter. (b) As used in this section, "employees of the state" includes: (1) employees of the judicial circuits whose compensation is paid from state fun…

member; failure to make election Sec. 1.1. (a) An individual: (1) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in subdivision (2) that is adopted by the political subdivision has been approved by the …

Sec. 10. Each department shall submit to the board certified membership records containing the names, titles, rates of compensation, dates of birth, length of service, and other pertinent information required by the board about the department's employees. A department must submit…

Sec. 11. The director shall certify to the department the names of the employees for whom deductions or payments of contributions must be made. In the preparation of payrolls, each department shall indicate: (1) the total compensation of each employee; (2) the amount of each memb…

Sec. 12. A certified copy of each department's payroll or an equivalent certified list of members shall be sent to the board together with a warrant issued by the department for members' contributions. As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.41-1983, SEC.10.

Sec. 12.5. (a) An employer or department shall make the reports, membership records, or payments required by IC 5-10.3-6 or by sections 10 through 12 of this chapter: (1) not more than thirty (30) days after the end of the calendar quarter, if applicable; (2) by another due date …

Sec. 13. Suspension of Membership; Withdrawal of Contributions. Each member who suspends his membership and withdraws his contributions plus interest credits is covered by IC 5-10.2-3. As added by Acts 1977, P.L.53, SEC.3.

Sec. 14. A governor who makes an irrevocable choice under IC 4-3-3-1.1 to receive a retirement benefit other than the retirement benefit from the fund under IC 5-10.2 and this article waives the governor's right to any pension benefit from the fund on and after the date of the go…

Sec. 15. A person who has fifteen (15) or more years of creditable service in the fund and has withdrawn from the fund before reaching the age of sixty-five (65) years may apply for reinstatement of eligibility, if the person: (1) makes the application before July 1, 1998, and wi…

Sec. 2. The following employees may not be members of the fund: (1) Officials of a political subdivision elected by vote of the people, unless the governing body specifically provides for the participation of locally elected officials. (2) Employees occupying positions normally r…

Sec. 2.5. Notwithstanding the provisions of section 2 of this chapter, any constable who: (1) is not otherwise eligible for membership in the public employees' retirement fund; and (2) was enrolled erroneously in the public employees' retirement fund as a contributing member; is …

Sec. 2.7. (a) This section applies only to an individual who: (1) began service as a police officer or firefighter and became a member of a police officers' pension fund or firefighters' pension fund before 1980; (2) began service in another position (referred to in this section …

Sec. 3. (a) Members of the general assembly, including members who: (1) completed their service before July 1, 1987; and (2) were not members of the fund during their service in the general assembly; are entitled to become, at their option, members of the fund. A member of the ge…

Sec. 3.5. (a) As used in this section, "commission" refers to the state lottery commission established under IC 4-30-3-1. (b) Not later than July 1, 2014, for each member or employee of the commission who: (1) is a participant in a defined benefit retirement plan offered by the c…

Sec. 4. Except as provided in section 7.5 of this chapter, creditable service is determined as specified in IC 5-10.2-3-1. Members also receive credit for service as specified in this chapter. As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.60-1987, SEC.2.

purchase Sec. 4.3. (a) A member of the fund who is also a member of the public employees' defined contribution plan may purchase and claim years of service credit in the fund subject to the following requirements: (1) The member has at least one (1) year of credited service in th…

Sec. 4.5. (a) As used in this section, "out-of-state service" means service in another state in a comparable position that would be creditable service if performed in Indiana. (b) Subject to subsections (c) through (f), a member may purchase and claim out-of-state service credit …

Sec. 4.6. (a) Subject to the provisions of this section, a member may purchase and claim service credit for the member's prior service in a position covered by the 1925 police pension fund under IC 36-8-6, the 1937 firefighters' pension fund under IC 36-8-7, or the 1953 police pe…

firefighters' pension and disability fund Sec. 4.7. (a) As used in this section, "1977 fund" refers to the 1977 police officers' and firefighters' pension and disability fund established by IC 36-8-8-4. (b) A member may purchase and claim service credit for the member's prior ser…

Sec. 4.8. (a) As used in this section, "state quasi-governmental entity service" means service in Indiana that would be considered creditable service if performed by an employee of a member of the fund by an individual who: (1) provided the service as an employee of a body corpor…

Sec. 5. (a) A member who: (1) enters the United States armed services; (2) leaves the member's contributions in the fund; (3) except as provided in subsection (c), resumes service with the member's employer within one hundred twenty (120) days after the member's unconditional dis…

Sec. 6. (a) A member is entitled to service credit for adoption leave and maternity or paternity leave of not more than one (1) year if the employer certifies that the leave is granted in accordance with the employer's leave policy. (b) A member is entitled to service credit for …