Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

As added by P.L.35-1985, SEC.17. Repealed by P.L.40-1986, SEC.3.

final contributions Sec. 2. (a) Unless a member elects otherwise under this section or has elected to withdraw the member's annuity savings account under IC 5-10.2-3-6.5, the retirement benefit for each member consists of the sum of a pension provided by employer contributions pl…

Sec. 3. (a) Except as provided in subsection (f), in computing the retirement benefit for a nonteacher member, "average of the annual compensation" means the average annual compensation calculated using the twenty (20) calendar quarters of service in a position covered by the ret…

average Sec. 3.1. For a member who receives annual compensation from two (2) or more employers, the average of the annual compensation shall be computed using the sum of the two (2) or more annual compensations if: (1) each of the employers and the member made all of the contribu…

Sec. 4. (a) The computation of benefits under this section is subject to IC 5-10.2-2-1.5. (b) For retirement benefits payable on and after July 1, 1975, for a member retired on and after January 1, 1956, the pension (p) is computed as follows: STEP ONE: Multiply one and one-tenth…

Sec. 5. The retirement benefit (rb) payable on and after July 1, 1975, for a member who retired on and after January 1, 1956, before age sixty-five (65) is the sum of the pension (P), as specified in section 4 of this chapter and computed on the basis of the total creditable serv…

Sec. 6. (a) A member who becomes disabled while receiving a salary or employer provided income protection benefits or who is on leave under the Family and Medical Leave Act may retire for the duration of the member's disability if: (1) the member has at least five (5) years of cr…

designation or form of benefit; annual payment of monthly benefit Sec. 7. (a) Benefits provided under this section are subject to IC 5-10.2-2-1.5. (b) A member who retires is entitled to receive monthly retirement benefits, which are guaranteed for five (5) years or until the mem…

Sec. 7.2. (a) This section applies to the following: (1) A member of the Indiana state teachers' retirement fund after June 30, 2007. (2) A member of the public employees' retirement fund after June 30, 2008. (b) Except as otherwise provided in this section, if a member is receiv…

participation in plan under this chapter Sec. 7.5. A member may participate in a plan described in IC 5-10-1.1-1(2) in addition to the plans set forth in this chapter. As added by P.L.42-1988, SEC.3.

application void Sec. 8. (a) Subject to subsection (g), if a member who is receiving retirement benefits becomes reemployed in a position covered by this article more than thirty (30) days after the member's retirement, the member's retirement benefit payments continue. (b) This …

position covered by this article Sec. 8.2. (a) Notwithstanding section 8 of this chapter, if a member who is receiving retirement benefits is elected or appointed to an elected position covered by this article, the member shall file a written, irrevocable election with the board …

Sec. 8.4. (a) This section does not apply to a member of the Indiana state teachers' retirement fund who is eligible to retire under IC 5-10.2-2-8(b). (b) A member of the Indiana state teachers' retirement fund who: (1) serves in an elected position; and (2) after June 30, 2006, …

Sec. 9. (a) This section applies only to a retired member of the public employees' retirement fund who, before July 1, 2013, begins a period of reemployment in a covered position more than thirty (30) days after the member's retirement. (b) If a member dies during reemployment an…

As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.46-1988, SEC.2. Repealed by P.L.115-2009, SEC.21.

As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.5-1990, SEC.9; P.L.62-2005, SEC.7. Repealed by P.L.115-2009, SEC.21.

Sec. 3. The Attorney General. The attorney general of the state is the legal advisor of the board. As added by Acts 1977, P.L.53, SEC.3.

Sec. 0.1. The amendments made to section 8 of this chapter by P.L.201-2007 apply to members of the Indiana state teachers' retirement fund who retire after June 30, 2007. As added by P.L.220-2011, SEC.88.

Sec. 0.2. The amendments made to IC 21-6.1-4-6.1 (before its repeal, now codified at section 8 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 b…

Sec. 1. (a) The members of the fund include: (1) legally qualified and regularly employed teachers in the public schools; (2) persons employed by a governing body, who were qualified before their election or appointment; (3) legally qualified and regularly employed teachers at Ba…

Sec. 10. (a) The director shall obtain a designation of beneficiary as soon as possible from each member. (b) The board may adopt rules to allow a member who designates more than one (1) beneficiary to allocate benefit shares in percentage increments. (c) Notwithstanding a contra…

Sec. 11. (a) This section does not apply to a member who is reemployed more than thirty (30) days after the member's retirement in a position covered by the fund. (b) Each member shall contribute to the fund three percent (3%) of the member's compensation as set forth in IC 5-10.…

Sec. 12. (a) The fund may accept cash rollover contributions from a member who is making payments for additional service credits under this chapter if the following conditions are met: (1) The rollover contribution must represent: (A) all or a part of the member's interest in a r…

Sec. 13. A member who suspends membership is subject to the withdrawal provisions of IC 5-10.2-3. [Pre-2006 Education Finance Recodification Citation: 21-6.1-4-11.] As added by P.L.2-2006, SEC.28.

employer share Sec. 14. (a) After December 31, 1994, creditable service does not accrue under: (1) this chapter; (2) IC 5-10.2-3-1; (3) IC 20-28-10-1; (4) IC 20-28-10-2; (5) IC 20-28-10-3; or (6) any other law concerning the fund for leave for other educational employment; unless…

Sec. 2. (a) Creditable service is determined under IC 5-10.2-3-1 and this chapter. (b) A member, whether or not the member is employed under a contract, must serve at least: (1) one hundred twenty (120) days in a year; or (2) sixty (60) days in each of two (2) years; to receive o…

Sec. 3. (a) Except as provided in subsection (b), a member who served the public schools in a capacity that subsequently was designated by the state as a service for which a license is specified, is eligible to receive service credit for the total length of that service. (b) A me…

Sec. 4. (a) As used in this section, "out-of-state service" means service in any state in a comparable position that would be creditable service if performed in Indiana. The term includes comparable service performed: (1) on a United States military installation; (2) in a federal…

Sec. 5. (a) As used in this section, "private teaching service" means service in Indiana as a teacher in a private school, kindergarten through postsecondary, that would be creditable service if performed in an accredited public school in Indiana. (b) A member may purchase and cl…

Sec. 6. (a) As used in this section, "substitute teaching service" means service in Indiana as a substitute teacher that is not covered under section 1(c) of this chapter but is served by a person who has other service that is covered under section 1(a) of this chapter. (b) A mem…

Sec. 7. (a) Except as provided in section 8 of this chapter, a member may be given credit for leaves of absence for study, professional improvement, and temporary disability if the leave credit does not exceed one-seventh (1/7) of the total years of service claimed for retirement…

employees at state institutions of higher learning Sec. 8. (a) This subsection applies to a member who retires before July 1, 1980. A member who had completed four (4) years of approved college teacher education before voluntary or involuntary induction into the military services…

Sec. 9. The board shall determine the actuarial liability resulting from the years of service of the members in the fund and shall determine the state's share of the liability. The board shall distribute the payment of this liability over a period of years that will be equitable …

Sec. 1. The board shall do all of the following: (1) Appoint and fix the salary of a director. (2) Employ or contract with employees, auditors, technical experts, legal counsel, and other service providers as the board considers necessary to transact the business of the fund with…

Sec. 2. (a) The board may do any of the following: (1) Establish and amend rules and regulations: (A) for the administration and regulation of the fund and the board's affairs; and (B) to effectuate the powers and purposes of the board; without adopting a rule under IC 4-22-2. (2…

Sec. 2.5. Notwithstanding any other provision in this article, IC 5-10.2, IC 5-10.3, or IC 5-10.4, the board may not, before January 1, 2017, enter into an agreement with a third party provider to provide annuities for retiring members of: (1) the public employees' retirement fun…

Sec. 2.6. (a) This subsection applies after September 30, 2014, and before January 1, 2017.The following interest rates shall be used to determine the annuity amount purchasable by a member of the public employees' retirement fund or the teachers' retirement fund who elects to re…

Sec. 3. The board's powers as specified in this article or the retirement law applicable to a public pension or retirement fund of the system: (1) shall be interpreted broadly to accomplish the purposes of this article or the applicable retirement law; and (2) may not be construe…

Sec. 4. Members and beneficiaries of the public pension and retirement funds of the system may receive monthly benefits only by direct deposit or another method approved by the board. As added by P.L.127-2015, SEC.2.

Sec. 5. (a) This section applies to the following public pension or retirement funds: (1) The public employees' retirement fund established under IC 5-10.2 and IC 5-10.3. (2) The Indiana state teachers' retirement fund established under IC 5-10.2 and IC 5-10.4. (3) The state exci…

concerning post-employment benefits Sec. 6. The system shall, not later than December 1 each year, submit to the budget committee the following reports concerning post-employment benefits (as defined in IC 5-10-16-5): (1) The report prepared by the system for state agencies under…

As added by P.L.273-2001, SEC.3. Repealed by P.L.133-2002, SEC.69.

Sec. 1.5. The office of the attorney general may revoke a program participant's certification or deny an applicant's application if the program participant or applicant: (1) uses or intends to use the program in furtherance of a crime; (2) knowingly misrepresents in a fraudulent …

Sec. 2. The office of the attorney general may revoke a program participant's certification if the program participant changes the program participant's residential address from the address listed on the application, unless the program participant provides the office of the attor…

Sec. 3. The office of the attorney general may revoke the certification of a program participant if mail forwarded by the office of the attorney general to the program participant's address is returned as undeliverable. As added by P.L.273-2001, SEC.3.

Sec. 4. The office of the attorney general shall revoke the certification of a program participant who has applied to the address confidentiality program using false information. As added by P.L.273-2001, SEC.3.

As added by P.L.273-2001, SEC.3. Amended by P.L.133-2002, SEC.19. Repealed by P.L.149-2020, SEC.19.

As added by P.L.273-2001, SEC.3. Repealed by P.L.133-2002, SEC.69.

Sec. 1. The following terms as used in this chapter have the following meanings: (1) "Governing body" means the council, commission, board of commissioners, board of directors, board of trustees, or other legislative body in which the legislative powers of the issuing body are ve…

Sec. 10. When funds and investments and the known earned income therefrom in amounts sufficient to pay the principal of and interest and any premium on bonds to be refunded as they become due at their respective maturities or at the date fixed for redemption have been irrevocably…