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5-10.4-5-0.2. Application of Certain Amendments to Chapter

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.

5-10.4-5-1. Disability Benefit

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 instead of under this section and sections […]

5-10.4-5-10. Cancellation of Uncashed Benefit Check

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 deposit by an individual, […]

5-10.4-5-11. Payment Options

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.

5-10.4-5-12. Death Before Retirement; Payment of Benefits

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.

5-10.4-5-14. Benefits Exempted From Legal Process; Reimbursement of 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, or both, may be transferred by the board to reimburse the member’s employer for loss resulting from the member’s criminal taking of the employer’s property if […]

5-10.4-5-14.5. Assignment of Benefits

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 that proves to the board’s satisfaction that the […]

5-10.4-5-15. Termination of Benefits; Grounds; Limitations

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 to repay an overpayment of benefits. (b) The […]

5-10.4-5-16. Retirement Before July 1, 1975; Limitations on Reductions in 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 not be reduced below the amount paid to the member before […]

5-10.4-5-17. Claims of Error

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 claim and, if an error is found, shall order […]

5-10.4-5-2. Calculation of Disability Benefit

Sec. 2. (a) The monthly classroom disability benefit paid under section 1 of this chapter is determined in STEP THREE of the following formula: STEP ONE: Subtract five (5) from the total years of service credit earned by the member before the date of the member’s disability. STEP TWO: Multiply the remainder determined under STEP […]

5-10.4-5-3. Deduction From Death Benefits

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 benefit, returns to teaching, and dies before retirement, the member’s total […]

5-10.4-5-4. Election to Terminate Disability Benefit at Retirement Age

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 reduced because the member received classroom disability benefits. [Pre-2006 Education Finance Recodification […]

5-10.4-5-5. Prohibition Against Mandatory Retirement Age

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.

5-10.4-5-7. Member-Legislators

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 pension for a member-legislator, the average of the […]

5-10.4-5-8. Designation of Retirement Date

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 employment is entitled to receive the proportionate amount […]

5-10.4-5-9. Schedule; Initial Pension Benefit

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), a person entitled to benefits shall receive a retirement […]