Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION
355 chapters · 3,747 sections in this title.
Ind. Code § 5-10.2-9-15 "Oil related activities"
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Sec. 15. (a) As used in this chapter, "oil related activities" includes: (1) the export of oil; (2) the extraction of or production of oil; (3) the exploration for oil; (4) the ownership of rights to oil blocks; (5) the refining or processing of oil; (6) the transportation of oil…
Ind. Code § 5-10.2-9-16 "Power production activities"
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Sec. 16. As used in this chapter, "power production activities" means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the government of Sudan whose purpose is to facilitate power generation an…
Ind. Code § 5-10.2-9-17 "Research firm"
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Sec. 17. As used in this chapter, "research firm" means a reputable, neutral third party research firm not controlled by the fund (before July 1, 2011) or system. As added by P.L.149-2007, SEC.3. Amended by P.L.35-2012, SEC.52.
Ind. Code § 5-10.2-9-18 "Scrutinized company"
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Sec. 18. (a) As used in this chapter, "scrutinized company" means a company that meets any of the following criteria: (1) Both of the following apply to the company: (A) The company has business operations that involve contracts with or the provision of supplies or services to: (…
Ind. Code § 5-10.2-9-19 "Social development company"
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Sec. 19. As used in this chapter, "social development company" means a company whose primary purpose in Sudan is to provide humanitarian goods or services, including: (1) medicine or medical equipment; (2) agricultural supplies or infrastructure; (3) educational opportunities; (4…
Ind. Code § 5-10.2-9-20.5 "System"
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Sec. 20.5. 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.35-2012, SEC.53.
Ind. Code § 5-10.2-9-21 Identification of scrutinized companies
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Sec. 21. (a) Not later than March 30, 2008, the board shall make a good faith effort to identify all scrutinized companies 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 may …
Ind. Code § 5-10.2-9-22 Identification of holdings
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Sec. 22. After the board creates or updates the scrutinized company list under section 21 of this chapter, the board shall immediately identify the companies on the scrutinized company list in which a fund has direct or indirect holdings. As added by P.L.149-2007, SEC.3. Amended …
Ind. Code § 5-10.2-9-23 Notice to scrutinized company with inactive business
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operations Sec. 23. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 22 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has only inactive business operations; a writt…
Ind. Code § 5-10.2-9-24 Notice to scrutinized company with active business operations
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Sec. 24. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 22 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has active business operations; a written notice concerni…
Ind. Code § 5-10.2-9-25 Compliance by a scrutinized company
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Sec. 25. (a) If, within ninety (90) days after a fund's (before July 1, 2011) or the system's first engagement with a company under section 24 of this chapter, the company ceases scrutinized business operations, the company shall be removed from a fund's scrutinized company list …
Ind. Code § 5-10.2-9-26 Divestment; exemption for certain commingled funds
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Sec. 26. (a) Except as provided in sections 28 and 29 of this chapter, if, after ninety (90) days after a fund's (before July 1, 2011) or the system's first engagement with a company under section 24 of this chapter, the company continues to have scrutinized active business opera…
Ind. Code § 5-10.2-9-27 Acquisition of securities containing scrutinized companies
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Sec. 27. Except as provided in sections 28 and 29 of this chapter, a fund (before July 1, 2011) or the system shall not acquire for a fund securities of companies on the scrutinized company list that have active business operations. As added by P.L.149-2007, SEC.3. Amended by P.L…
Ind. Code § 5-10.2-9-28 Scrutinized company excluded from federal sanctions
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Sec. 28. If the government of the United States affirmatively declares any company on the scrutinized company list with active business operations in Sudan to be excluded from any federal sanctions relating to Sudan, the company is not subject to divestment or investment prohibit…
Ind. Code § 5-10.2-9-29 Exclusion of indirect holdings in actively managed investment
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funds Sec. 29. Notwithstanding any provision to the contrary, sections 26 and 27 of this chapter do not apply to indirect holdings in actively managed investment funds. However, if a fund has indirect holdings in actively managed investment funds containing the securities of scru…
Ind. Code § 5-10.2-9-3 "Business operations"
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Sec. 3. As used in this chapter, "business operations" means engaging in any commerce in any form in Sudan. As added by P.L.149-2007, SEC.3.
Ind. Code § 5-10.2-9-30 Exclusion of private equity funds
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Sec. 30. This chapter does not apply to private equity funds. As added by P.L.149-2007, SEC.3.
Ind. Code § 5-10.2-9-31 Report to legislative council
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Sec. 31. (a) On or before November 1, 2007, 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 legislative council for distribution to the members of the general assembly. (b) The report must inclu…
Ind. Code § 5-10.2-9-32 Expiration of chapter
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Sec. 32. This chapter expires on the earliest of the following: (1) Twelve (12) months after the date the government of Sudan halts the genocide in Darfur as determined by the Congress of the United States and the United States Department of State. (2) The date the United States …
Ind. Code § 5-10.2-9-33 Exemption from conflicting statutory or common law
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obligations Sec. 33. With respect to actions taken in compliance with this chapter, including all good faith determinations regarding companies on the scrutinized company list, the fund (before July 1, 2011) or system shall be exempt from any conflicting statutory or common law o…
Ind. Code § 5-10.2-9-34 Cessation of divestment and reinvestment in scrutinized
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companies Sec. 34. (a) Notwithstanding any provision to the contrary, the fund (before July 1, 2011) or system shall be permitted to cease divesting and to reinvest in certain scrutinized companies on the scrutinized company list with active business operations in Sudan if eviden…
Ind. Code § 5-10.2-9-35 Immunity; liability of the fund and its agents
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Sec. 35. (a) Both: (1) the state and its officers, agents, and employees; and (2) the fund (before July 1, 2011) or system and its board members, executive director, officers, agents, and employees; are immune from civil liability for any act or omission related to the removal of…
Ind. Code § 5-10.2-9-36 Severability
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Sec. 36. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b). As added by P.L.149-2007, SEC.3.
Ind. Code § 5-10.2-9-4 "Company"
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Sec. 4. (a) As used in this chapter, "company" means any of the following: (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 limited liability partnership. (9) A limited …
Ind. Code § 5-10.2-9-5 "Complicit in Darfur genocide"
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Sec. 5. For purposes of this chapter, a company is "complicit in the Darfur genocide" if the company took any actions during the preceding twenty (20) month period that directly support or promote the genocidal campaign in the Darfur region of Sudan, including any of the followin…
Ind. Code § 5-10.2-9-6 "Cost of divestment"
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Sec. 6. 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…
Ind. Code § 5-10.2-9-7 "Direct holdings"
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Sec. 7. As used in this chapter, "direct holdings" means all securities of a company 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.149-2007, SEC.3. Amended by P.L.35-2012, SEC…
Ind. Code § 5-10.2-9-8 "Fund"
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Sec. 8. 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.149-2007, SEC.3.
Ind. Code § 5-10.2-9-9 "Government of Sudan"
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Sec. 9. (a) As used in this chapter, "government of Sudan" refers to the government in Khartoum, Sudan, that is led by the National Congress Party (formally known as the National Islamic Front) or any successor government formed on or after October 13, 2006, including the coaliti…
Ind. Code § 5-10.3-9-1 Petitions; requisites
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Sec. 1. Petition for Administration. (a) The members of a retirement system, other than the Indiana state teachers' retirement fund, may petition the board to assume the administration of their retirement system if: (1) the system was in existence on March 31, 1947; and (2) the s…
Ind. Code § 5-10.3-9-2 Actuarial investigation; audit of accounts
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Sec. 2. Actuarial Investigation and Audit of Accounts. After the board receives the petition: (1) the actuary shall determine the actuarial soundness of the retirement system; and (2) the state board of accounts shall audit the records and accounts of the retirement system. As ad…
Ind. Code § 5-10.3-9-3 Administration by board
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Sec. 3. Administration by the Board. After reviewing the actuarial investigation and audit, the board may choose to administer the plan as a trustee in compliance with the law which created the plan. As added by Acts 1977, P.L.53, SEC.3.
Ind. Code § 5-10.3-9-4 Advisory board
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Sec. 4. Advisory Board. The board of trustees or administrators of the retirement system shall act as advisors to the fund's director. As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.5-1990, SEC.11.
Ind. Code § 5-10.3-9-5 Repealed
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As added by Acts 1977, P.L.53, SEC.3. Repealed by P.L.115-2009, SEC.21.
Ind. Code § 5-10.3-9-6 Investments
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Sec. 6. Investments. All investments made after the transfer shall be made by the board. As added by Acts 1977, P.L.53, SEC.3.
Ind. Code § 5-10.3-9-7 Separate records
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Sec. 7. Separate Records. The board shall keep separate detailed records of the general or annuitant's reserve of each retirement system which it administers. As added by Acts 1977, P.L.53, SEC.3.
Ind. Code § 5-10.3-9-8 Limited liability
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Sec. 8. Limited Liability. The liabilities of a retirement system which is administered by the board are not liabilities of the fund, except as provided for in the agreement between the retirement system and the board. As added by Acts 1977, P.L.53, SEC.3.
Ind. Code § 5-10.4-9-1 Definitions
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Sec. 1. The following definitions apply throughout this chapter: (1) "Account" has the meaning set forth in IC 5-10.4-8-2. (2) "Plan" has the meaning set forth in IC 5-10.4-8-2. As added by P.L.217-2017, SEC.59. Amended by P.L.27-2019, SEC.18.
Ind. Code § 5-10.4-9-2 School corporation plan participation declared
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Sec. 2. On the effective date of the plan, a school corporation becomes a participant in the plan. As added by P.L.217-2017, SEC.59.
Ind. Code § 5-10.4-9-3 Governing body actions
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Sec. 3. After a school corporation becomes a participant in the plan, its governing body may make appropriations, make payments, and do all things required under IC 5-10.4-8. As added by P.L.217-2017, SEC.59.
Ind. Code § 5-10.4-9-4 Separate accounts for each contribution rate group
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Sec. 4. The board shall maintain separate accounts for each contribution rate group. Credits and charges to these accounts shall be made as prescribed under IC 5-10.4-8. As added by P.L.217-2017, SEC.59.
Ind. Code § 5-10.4-9-5 School corporation appropriations and payments from school
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general fund Sec. 5. A school corporation shall make the appropriations and payments required under this article and IC 5-10.2 from its education fund or operations fund in accordance with the categories of expenditures established under IC 20-42.5-3. As added by P.L.217-2017, SE…
Ind. Code § 5-10.4-9-6 Withholding money from or suing a school corporation that
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fails to make payments to the plan Sec. 6. If a school corporation fails to make payments required by this chapter, the amount payable may be: (1) withheld by the auditor of state from money payable to the school corporation and transferred to the plan; or (2) recovered in a suit…