Sec. 0.1. The amendments made to sections 15, 16, and 19 of this chapter by P.L.33-2006 apply to a participant in the fund who: (1) is serving on July 1, 2006; or (2) serves after July 1, 2006; in a position described in section 8 of this chapter. As added by P.L.13-2011, SEC.11; P.L.220-2011, SEC.543. […]
Sec. 1. This chapter applies only to: (1) an individual who serves as a prosecuting attorney or chief deputy prosecuting attorney on or after January 1, 1990; and (2) a participant employed in a position described in section 8(a)(2) or 8(a)(3) of this chapter who serves in the position after June 30, 1995. [Pre-2004 Recodification […]
Sec. 10. The fund shall be construed to be a trust, separate and distinct from all other entities, maintained to: (1) secure payment of benefits to the participants and their beneficiaries; and (2) pay the costs of administering this chapter. [Pre-2004 Recodification Citation: 33-14-9-9.] As added by P.L.98-2004, SEC.18.
Sec. 10.5. (a) All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, a participant’s contributions or benefits, or both, may be transferred to reimburse the participant’s employer for loss resulting from the participant’s criminal taking of the employer’s property by the board if the board receives adequate […]
Sec. 11. (a) The board shall administer the fund, which may be commingled with any public pension and retirement fund administered by the Indiana public retirement system for investment purposes. (b) The board shall do the following: (1) Determine eligibility for and make payments of benefits under this chapter. (2) In accordance with the powers […]
Sec. 12. (a) Except as otherwise provided in this section, each participant shall make contributions to the fund as follows: (1) A participant described in section 8(a)(1) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services after December 31, 1989. (2) A participant described in section […]
Sec. 12.5. (a) This section applies to reports, records, and contributions submitted after December 31, 2011, under this chapter. (b) As used in this section, “electronic funds transfer” has the meaning set forth in IC 4-8.1-2-7(f). (c) The state shall submit through the use of electronic funds transfer contributions paid by or on behalf of […]
Sec. 13. (a) A participant who: (1) ceases service in a position described in section 8 of this chapter, other than by death or disability; and (2) is not eligible for a retirement benefit under this chapter; is entitled to withdraw from the fund, beginning on the date specified by the participant in a written […]
Sec. 14. (a) Interest shall be credited at least annually on or before June 30 at a rate specified by rule by the board on all amounts credited to the member as of June 30 of the preceding year. (b) Contributions begin to accumulate interest at the beginning of the fiscal year after the year […]
Sec. 15. A participant whose employment in a position described in section 8 of this chapter is terminated is entitled to a retirement benefit computed under section 16 or 18 of this chapter, beginning on the date specified by the participant in a written application, if all of the following conditions are met: (1) The […]
Sec. 16. (a) This section does not apply to a participant who becomes permanently disabled, as described in section 17 of this chapter. (b) A participant who: (1) applies for a retirement benefit; and (2) is at least: (A) sixty-five (65) years of age; or (B) fifty-five (55) years of age and the participant’s age […]
Sec. 17. (a) A participant is considered to have a permanent disability if the board has received written certifications by at least two (2) licensed and practicing physicians, appointed by the board, that: (1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and (2) the condition is […]
Sec. 18. (a) Except as provided in subsections (b) and (c), a participant who becomes permanently disabled, as described in section 17 of this chapter, is entitled to an annual benefit equal to the product of: (1) the annual salary that was paid to the participant at the time of separation from service; multiplied by […]
Sec. 19. (a) A participant may designate the participant’s surviving spouse or one (1) or more of the participant’s surviving dependent children to receive the benefit provided by this section upon the death of the participant. A participant may designate a trust or a custodian account under IC 30-2-8.5 that is established for one (1) […]
Sec. 2. As used in this chapter, “Americans with Disabilities Act” refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act. [Pre-2004 Recodification Citation: 33-14-9-1.5.] As added by P.L.98-2004, SEC.18.
Sec. 20. (a) If: (1) a participant’s spouse does not survive the participant; and (2) the participant did not designate one (1) or more of the participant’s surviving dependent children to receive the benefit provided by section 19 of this chapter; the participant’s surviving dependent children are, upon the death of the participant, entitled to […]
Sec. 21. (a) If benefits are not payable to the survivors of a participant who dies, and if a withdrawal application is filed with the board by the survivors or the participant’s estate, the total of the participant’s contributions, plus interest at a rate specified by rule by the board and minus any payments made […]
Sec. 22. The fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code as applicable to the fund. In order to meet those requirements, the fund is subject to the following provisions, notwithstanding any other provision of this chapter: (1) The board shall distribute the corpus and income of the fund […]
Sec. 23. (a) For purposes of this chapter, the following amounts are appropriated for each biennium: (1) From the state general fund, the amount required to actuarially fund participants’ retirement benefits, as determined by the board on recommendation of an actuary. (2) From the fund, the amount required for administration purposes. (b) The biennial appropriations […]
Sec. 24. Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to […]
