Title 5, STATE AND LOCAL ADMINISTRATION

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.

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 the creditable…

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. 2.3. (a) A member of the fund who is also a member of the teachers' 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 the fund. (2) The m…

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…

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 is entitled to credit for that service as if the m…

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…

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 IC 5-10-16-7. (2) Reports received …

Sec. 7. (a) For purposes of this section, "fund" means the Indiana public employees' retirement fund, Indiana state teachers' retirement fund, legislators' defined benefit plan, and state excise police, gaming agent, gaming control officer, and conservation enforcement officers' …

Sec. 8. (a) The board shall set the surcharge rates under IC 5-10.2-12-3 at a level to actuarially prefund: (1) annual indexed thirteenth checks for all current retired members and beneficiaries retired before July 1, 2029; and (2) one percent (1%) annual cost of living adjustmen…

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.

Sec. 1. (a) This chapter applies to a contract between a state agency and a contractor that: (1) is entered into, renewed, or amended after June 30, 2026; and (2) has a maximum contract amount of not less than five hundred thousand dollars ($500,000) in the initial contract. (b) …

Sec. 2. A contract between a state agency and a contractor must contain the following provisions: (1) To the extent practicable, clearly defined scopes and success metrics. (2) Liquidated damages or other remedies for missed deadlines or overages. (3) A requirement for either of …

Sec. 3. Not later than March 1, 2026, the department shall provide contract language in its contract templates for state agencies to include the provisions required under section 2 of this chapter. As added by P.L.182-2025, SEC.6.

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…

Sec. 11. Bonds for refunding and bonds for any other purpose or purposes authorized may be issued separately or issued in combination in one (1) or more series or issues by the same issuer. Formerly: Acts 1973, P.L.28, SEC.1.

Sec. 12. Except as specifically provided in this chapter, refunding bonds issued under this chapter shall be issued in accordance with the provisions of law applicable, either at the time of the issuance of the refunding bonds or at the time of issuance of the bonds to be refunde…

Sec. 13. Refunding bonds issued under the provisions of this chapter may be sold in such manner and upon such terms and conditions as the issuer of such refunding bonds shall deem to be in the best interests of the issuing body, notwithstanding the provisions of IC 21-32-3, nor t…

Sec. 14. The authority of an issuing body to issue refunding bonds pursuant to this chapter is additional to any existing authority to issue such bonds and nothing in this chapter shall prevent the issuance of such bonds pursuant to any other law, and this chapter shall not be co…

Sec. 15. In connection with the issuance of refunding bonds, an issuing body and the lessee, or lessees, of any building, or buildings, financed from the proceeds of the bonds being refunded may enter into an amendment to the lease modifying or amending the provisions of such lea…

Sec. 16. Notwithstanding any other law, advance refunding bonds may be issued by an issuing body without obtaining the approval of the utility regulatory commission whether such advance refunding bonds are issued under this chapter or any other law. As added by P.L.44-1987, SEC.2…

Sec. 17. (a) This section applies to bonds that are: (1) issued after June 30, 2008, by a local issuing body; and (2) payable from ad valorem property taxes, special benefit taxes on property, or tax increment revenues derived from property taxes; including bonds that are issued …

Sec. 18. (a) This section applies to bonds that are: (1) issued after June 30, 2008, by a local issuing body; and (2) payable from ad valorem property taxes, special benefit taxes on property, or tax increment revenues derived from property taxes; including bonds that are issued …

Sec. 2. (a) The governing body of any issuing body may by ordinance provide for the issuance of bonds to refund outstanding bonds issued at any time by such issuing body or its predecessor, and to pay redemption premiums and costs of refunding to effect a saving to the issuing bo…