Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION
355 chapters · 3,747 sections in this title.
Ind. Code § 5-10.2-5-34.4 Repealed
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As added by P.L.172-2003, SEC.1. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 5-10.2-5-36 Public employees' retirement fund; pension increase payable
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after December 31, 2004 Sec. 36. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2004, to a member of the public employees' retirement fund (or to a survivor or ben…
Ind. Code § 5-10.2-5-37 Repealed
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As added by P.L.56-2004, SEC.2. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 5-10.2-5-38 Public employees' retirement fund; benefit increase payable
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after December 31, 2005 Sec. 38. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2005, to a member of the public employees' retirement fund (or to a survivor or ben…
Ind. Code § 5-10.2-5-39 Teachers' retirement fund; benefit increase payable after
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December 31, 2005 Sec. 39. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2005, to a member of the Indiana state teachers' retirement fund (or to a survivor or ben…
Ind. Code § 5-10.2-5-4 Cost of living increases
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Sec. 4. Cost of Living Increases. As a cost of living increase, the retirement, disability, and survivor benefit payable on and after July 1, 1976, to a member, or beneficiary or survivor of a member, who retired before July 2, 1975, shall be increased by three percent (3%). Howe…
Ind. Code § 5-10.2-5-41 Teachers' retirement fund; benefit increase payable after
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December 31, 2006 Sec. 41. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2006, to a member of the Indiana state teachers' retirement fund (or to a survivor or ben…
Ind. Code § 5-10.2-5-42 Teachers' retirement fund; cost of living increase payable after
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December 31, 2007 Sec. 42. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2007, to a member of the Indiana state teachers' retirement fund (or to a survivor or ben…
Ind. Code § 5-10.2-5-42.4 Public employees' retirement fund; increase payable after
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December 31, 2007 Sec. 42.4. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2007, to a member of the public employees' retirement fund (or to a survivor or benefic…
Ind. Code § 5-10.2-5-43.4 Teachers' retirement fund; benefit increase payable after
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December 31, 2008 Sec. 43.4. (a) The pension portion (plus postretirement increases to the pension portion) provided by employer contributions of the monthly benefit payable after December 31, 2008, to a member of the Indiana state teachers' retirement fund (or to a survivor or b…
Ind. Code § 5-10.2-5-5 Special benefit; $200 minimum
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Sec. 5. Special Benefit: $200 Minimum. (a) On and after July 1, 1976, a retired member is entitled to a supplemental retirement benefit to be paid by the fund as long as he meets each of these conditions: (1) he currently receives an annuity or pension or other retirement benefit…
Ind. Code § 5-10.2-5-6 Post-retirement cost of living increase payable on or after July
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1, 1977 Sec. 6. (a) The monthly benefit (B) payable on and after July 1, 1977, to a member, or a survivor or beneficiary of a member, who retired or was disabled before July 2, 1972, shall be increased by an amount equal to the benefit payable (J) in June 1977 times one-half perc…
Ind. Code § 5-10.2-5-7 Postretirement increase payable on or after July 1, 1979
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Sec. 7. Postretirement Increase. (a) The monthly benefit payable on and after July 1, 1979, to a member, or a survivor or beneficiary of a member, who retired or was disabled: (1) before July 2, 1962, shall be increased by six percent (6%); (2) after July 1, 1962, and before July…
Ind. Code § 5-10.2-5-8 Postretirement increase payable on and after July 1, 1980
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Sec. 8. Postretirement Increase. The monthly benefit payable on and after July 1, 1980, to a member, or a survivor or beneficiary of a member, who retired or was disabled: (1) before July 2, 1963, shall be increased by nine percent (9%); (2) after July 1, 1963, and before July 2,…
Ind. Code § 5-10.2-5-9 1980 cost of living adjustment
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Sec. 9. 1980 Cost of Living Adjustment. As a cost of living increase, the retirement, disability, and survivor benefits payable after June 30, 1980, to a member, or a beneficiary or a survivor of a member, who retired before August 1, 1979, shall be increased four percent (4%). T…
Ind. Code § 5-10.3-5-1 Accounts in fund
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Sec. 1. Accounts in the Fund. The fund consists of separate annuity savings and retirement allowance accounts established and administered as specified in IC 5-10.2-2. As added by Acts 1977, P.L.53, SEC.3.
Ind. Code § 5-10.3-5-2 Employer contributions; federal money
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Sec. 2. Employer Contributions; Federal Moneys. (a) The state shall make contributions to the retirement allowance account as specified in IC 5-10.2-2. Participating political subdivisions shall make contributions as specified in chapter 6 of this article. (b) If members receive …
Ind. Code § 5-10.3-5-3 Investments of assets; management agreements; board
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exemptions on sale of surplus personal property or state property Sec. 3. (a) The board shall invest its assets with the care, skill, prudence, and diligence that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise o…
Ind. Code § 5-10.3-5-3.1 Board transactions subject to qualification requirements of
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Internal Revenue Code Sec. 3.1. The board's transactions under section 3 of this chapter are subject to IC 5-10.2-2-1.5. As added by P.L.55-1989, SEC.22.
Ind. Code § 5-10.3-5-4 Investments
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Sec. 4. (a) Securities shall be held for the fund by banks or trust companies under a custodial agreement. Income, interest, proceeds of sale, materials, redemptions, and all other receipts from securities and other investments which the board retains for the cash working balance…
Ind. Code § 5-10.3-5-5 Custodians
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Sec. 5. (a) The custodians must be banks or trust companies that are domiciled in the United States and approved by the board to: (1) act in a fiduciary capacity; and (2) manage custodial accounts; on behalf of the fund. (b) The board is authorized to accept safekeeping receipts …
Ind. Code § 5-10.3-5-6 Termination of agreements
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Sec. 6. Termination of Agreements and Contracts. The board may terminate contracts and custodial agreements with investment counsel, trust companies and banks and may recover securities and moneys held under the custodial agreements whenever the board considers these actions nece…
Ind. Code § 5-10.3-5-7 Actuarial reports; status of reserve account; charges against
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difference between reserves in account and accrued liability Sec. 7. (a) After each fiscal year, the actuary shall report the status of the reserve account for persons receiving benefits from the fund. The report must contain a statement of the reserves in the account and the acc…
Ind. Code § 5-10.4-5-0.2 Application of certain amendments to chapter
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Sec. 0.2. The amendments made to IC 21-6.1-5-9 (before its repeal, now codified at section 9 of this chapter) by P.L.190-2003 apply to retirement benefits payable by the Indiana state teachers' retirement fund after June 30, 2003. As added by P.L.220-2011, SEC.90.
Ind. Code § 5-10.4-5-0.3 Validation of certain actions taken by public schools
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Sec. 0.3. Actions taken by the public schools after December 31, 1986, and before March 5, 1988, that would have been valid under IC 21-6.1-5-6 (before its repeal), as amended by P.L.46-1988, are validated. As added by P.L.220-2011, SEC.91.
Ind. Code § 5-10.4-5-1 Disability benefit
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Sec. 1. (a) A member who becomes disabled after June 30, 1984, may receive a benefit under this section and sections 2 through 4 of this chapter. If the member qualifies for disability retirement under IC 5-10.2-4-6, the member may choose to receive a benefit under IC 5-10.2-4-6 …
Ind. Code § 5-10.4-5-10 Cancellation of uncashed benefit check
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Sec. 10. (a) If a benefit check issued by the fund is outstanding and unpaid for more than six (6) months after the date the check is issued, the benefit check is canceled. (b) A benefit check canceled under subsection (a) may not be honored, cashed, or accepted for payment or de…
Ind. Code § 5-10.4-5-11 Payment options
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Sec. 11. A member may have the member's retirement benefits paid under the options specified in IC 5-10.2-4-7. [Pre-2006 Education Finance Recodification Citation: 21-6.1-5-13.] As added by P.L.2-2006, SEC.28.
Ind. Code § 5-10.4-5-12 Death before retirement; payment of benefits
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Sec. 12. If a member dies before retirement, the member's benefits are paid as specified in IC 5-10.2-3-7.5, IC 5-10.2-3-7.6, and IC 5-10.2-3-8. [Pre-2006 Education Finance Recodification Citation: 21-6.1-5-14.] As added by P.L.2-2006, SEC.28.
Ind. Code § 5-10.4-5-13 Calculation of benefit; teaching after initial retirement
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Sec. 13. IC 5-10.2-4-8 applies to the reemployment of a retired member. [Pre-2006 Education Finance Recodification Citation: 21-6.1-5-16.] As added by P.L.2-2006, SEC.28. Amended by P.L.72-2007, SEC.9; P.L.76-2008, SEC.6; P.L.115-2009, SEC.18.
Ind. Code § 5-10.4-5-14 Benefits exempted from legal process; reimbursement of
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employers; withholding of payments while charges of criminal taking from employer pending Sec. 14. (a) The benefits payable from the fund are exempt from seizure or levy on attachment, supplemental process, and all other processes. However, the member's contributions or benefits,…
Ind. Code § 5-10.4-5-14.5 Assignment of benefits
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Sec. 14.5. A member's transfer of a benefit payment is void. However, a member may assign benefits for paying: (1) premiums on a group, life, hospitalization, surgical, or medical insurance plan maintained in whole or in part by a state agency; and (2) dues to any association tha…
Ind. Code § 5-10.4-5-15 Termination of benefits; grounds; limitations
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Sec. 15. (a) The board may stop a member's benefit if the member does any of the following while receiving the benefit: (1) Fails to report for a required examination, unless excused by the board. (2) Disobeys the requirements of the board regarding the examination. (3) Refuses t…
Ind. Code § 5-10.4-5-16 Retirement before July 1, 1975; limitations on reductions in
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benefits Sec. 16. The computation of benefits described in section 2 of this chapter applies to benefits payable on and after July 1, 1975, and includes benefits payable to members who retired or whose employment was terminated before that date. However, a member's benefits may n…
Ind. Code § 5-10.4-5-17 Claims of error
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Sec. 17. A member may petition the board to correct an error in the determination of the member's: (1) creditable service; or (2) benefit; at any time. The petition must contain the necessary information to sustain the member's claim of error. The board shall investigate the clai…
Ind. Code § 5-10.4-5-3 Deduction from death benefits
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Sec. 3. (a) If a member dies while on a classroom disability benefit, the member's total classroom disability benefit payments are deducted from the funds that are paid to the member's estate or designated beneficiary. (b) If a member stops receiving a classroom disability benefi…
Ind. Code § 5-10.4-5-4 Election to terminate disability benefit at retirement age
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Sec. 4. After reaching sixty-five (65) years of age or an earlier retirement date selected by the member, the member may request that the member's classroom disability benefit payments cease and the member's retirement benefits begin. A member's retirement benefits may not be red…
Ind. Code § 5-10.4-5-5 Prohibition against mandatory retirement age
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Sec. 5. The state or a school corporation may not enforce a mandatory retirement age against members employed in the public schools. [Pre-2006 Education Finance Recodification Citation: 21-6.1-5-6.] As added by P.L.2-2006, SEC.28.
Ind. Code § 5-10.4-5-6 Eligibility for retirement benefits
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Sec. 6. A member is eligible for retirement benefits as specified in IC 5-10.2-4. [Pre-2006 Education Finance Recodification Citation: 21-6.1-5-7.] As added by P.L.2-2006, SEC.28.
Ind. Code § 5-10.4-5-7 Member-legislators
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Sec. 7. (a) As used in this section, "member-legislator" means a member who has at least: (1) twenty (20) years of service credit as a teacher; and (2) ten (10) years of service in the general assembly. (b) Notwithstanding IC 5-10.2-4-3 or IC 5-10.2-4-3.1, in computing the pensio…
Ind. Code § 5-10.4-5-8 Designation of retirement date
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Sec. 8. (a) A member who: (1) has ceased employment in the public schools; and (2) is eligible for retirement benefits; shall designate a retirement date as described in IC 5-10.2-4-1. (b) A member who chooses to begin receiving retirement benefits at the time the member ceases e…
Ind. Code § 5-10.4-5-9 Schedule; initial pension benefit
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Sec. 9. (a) The fund shall make a member's first pension benefit payment not more than ninety (90) days after the date the member completes and files an application for retirement benefits. (b) After the first pension benefit payment and except as provided under IC 5-10.2-4-7(f),…
Ind. Code § 5-10.5-5-1 Investment powers, duties, and limitations; penalties
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Sec. 1. The board has the powers, duties, restrictions, limitations, and penalties in connection with the board's investment and management of the assets of the public pension and retirement funds of the system under the following provisions: (1) IC 5-10.2-2-2.5. (2) IC 5-10.2-2-…
Ind. Code § 5-10.5-5-2 Transactions subject to Internal Revenue Code qualification
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requirements Sec. 2. The board's transactions under this chapter are subject to IC 2-3.5-3-3, IC 5-10-5.5-2.5, IC 5-10.2-2-1.5, IC 33-38-6-13, IC 33-39-7-22, and IC 36-8-8-2.5. As added by P.L.23-2011, SEC.22.
Ind. Code § 5-26.5-5-1 Responsibility for requesting use of designated address
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Sec. 1. (a) The program participant, and not the office of the attorney general, is responsible for providing written notice to a person: (1) under section 2.5 of this chapter to use the designated address as the program participant's address; or (2) under section 2.6 of this cha…
Ind. Code § 5-26.5-5-2 Repealed
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As added by P.L.273-2001, SEC.3. Repealed by P.L.149-2020, SEC.21.
Ind. Code § 5-26.5-5-2.5 Acceptance of designated address; request of additional
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address Sec. 2.5. (a) Except as provided in subsection (b), if a program participant provides a person with: (1) written notice on the form prescribed under section 1 of this chapter: (A) that the individual is a program participant; and (B) of the requirements of this section; a…
Ind. Code § 5-26.5-5-2.6 Written notice; prohibition of disclosure of name or address by
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landlord; exceptions Sec. 2.6. (a) Except as provided in subsection (c), if a program participant provides written notice to a person on the form prescribed under section 1 of this chapter: (1) that the individual is a program participant; and (2) of the requirements of this sect…
Ind. Code § 5-26.5-5-3 Repealed
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As added by P.L.273-2001, SEC.3. Repealed by P.L.149-2020, SEC.24.
Ind. Code § 5-26.5-5-4 Repealed
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As added by P.L.273-2001, SEC.3. Repealed by P.L.149-2020, SEC.25.