2015 Indiana Code TITLE 2. GENERAL ASSEMBLY ARTICLE 3.5. LEGISLATIVE RETIREMENT BENEFITS CHAPTER 1. APPLICATION
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IC 2-3.5
ARTICLE
BENEFITS
3.5.
LEGISLATIVE
RETIREMENT
IC 2-3.5-1
Chapter 1. Application
IC 2-3.5-1-1
Completion of service before April 30, 1989; entitlement
Sec. 1. A member of the general assembly who completed service
as a member of the general assembly before April 30, 1989:
(1) is entitled to become, at the member's option, a member of
PERF, as provided by IC 5-10.3-7-3; and
(2) is not entitled to become a participant in the legislators'
retirement system established by this article.
As added by P.L.6-1989, SEC.1.
IC 2-3.5-1-2
Service on April 30, 1989; election of benefit plans
Sec. 2. (a) A member of the general assembly who is serving on
April 30, 1989, may elect to become a participant in both the defined
benefit plan and the defined contribution plan of the legislators'
retirement system, as provided by IC 2-3.5-3-1. If such a member
does not elect to become a participant in the legislators' retirement
system, that member is not affected by this article and is instead
covered by IC 5-10.2, IC 5-10.3, and IC 5-10.4.
(b) Notwithstanding IC 5-10.3-7-2 or any other law, a member of
the general assembly who is a participant in the legislators' defined
benefit plan shall also be a member of PERF or TRF while serving in
another position covered by PERF or TRF. However, the following
provisions apply to a participant who is also a member of PERF or
TRF:
(1) The board shall include the participant's years of service in
the general assembly in the determination of eligibility for
benefits under PERF or TRF.
(2) Except as provided in subdivision (4), the board shall not
include in the computation of benefits from PERF or TRF the
participant's:
(A) salary as a member of the general assembly; or
(B) years of service as a member of the general assembly.
(3) The participant is not required to make annuity contributions
to PERF or TRF for service as a member of the general
assembly after July 1, 1989.
(4) IC 5-10.2-4-3.1 and the special provisions for members of
the general assembly in IC 5-10.2-3-7.5, IC 5-10.3-7-3,
IC 5-10.3-7-7, IC 5-10.3-8-2, IC 5-10.4-5-7, and
IC 20-28-10-16 do apply to the determination of the
participant's benefits under PERF and TRF for benefits earned
Indiana Code 2015
before July 1, 1989. IC 5-10.2-4-3.1 and the special provisions
for members of the general assembly in IC 5-10.2-3-7.5,
IC 5-10.3-7-3, IC 5-10.3-7-7, IC 5-10.3-8-2, IC 5-10.4-5-7, and
IC 20-28-10-16(b) do not apply to the determination of the
participant's benefits under PERF or TRF for benefits earned
after June 30, 1989.
As added by P.L.6-1989, SEC.1. Amended by P.L.3-1990, SEC.3;
P.L.4-1990, SEC.2; P.L.1-2005, SEC.50; P.L.2-2006, SEC.1;
P.L.35-2012, SEC.1.
IC 2-3.5-1-3
Elected or appointed after April 30, 1989; defined contribution
plan
Sec. 3. A member of the general assembly who is elected or
appointed to the general assembly for the first time after April 30,
1989, is a participant in the defined contribution plan of the
legislators' retirement system.
As added by P.L.6-1989, SEC.1.
IC 2-3.5-1-4
Service before and after, but not on April 30, 1989; defined
contribution plan
Sec. 4. (a) A member of the general assembly who:
(1) served as a member of the general assembly before April 30,
1989;
(2) was not serving as a member of the general assembly on
April 30, 1989; and
(3) is subsequently elected or appointed to the general assembly;
is a participant in the defined contribution plan of the legislators'
retirement system.
(b) The PERF and TRF benefits earned by a participant described
in subsection (a) before July 1, 1989, for service as a member of the
general assembly or in another covered position, are not affected by
this article. However, the following provisions apply to such a
participant who is also a member of PERF or TRF:
(1) The board shall include the participant's years of service in
the general assembly in the determination of eligibility for
benefits under PERF or TRF.
(2) The board shall not include in the computation of benefits
from PERF or TRF the participant's:
(A) salary as a member of the general assembly that is
received after July 1, 1989; or
(B) years of service as a member of the general assembly
after July 1, 1989.
(3) The participant is not required to make annuity contributions
to PERF or TRF for service as a member of the general
assembly after July 1, 1989.
(4) If IC 5-10.2-4-3.1 or any of the special provisions for
members of the general assembly in IC 5-10.2-3-7.5,
Indiana Code 2015
IC 5-10.3-7-3, IC 5-10.3-7-7, IC 5-10.3-8-2, IC 5-10.4-5-7, and
IC 20-28-10-16 applied to the determination of the participant's
benefits under PERF or TRF before July 1, 1989, those
provisions do not apply to the determination of the participant's
benefits under PERF or TRF for benefits earned after July 1,
1989.
As added by P.L.6-1989, SEC.1. Amended by P.L.3-1990, SEC.4;
P.L.1-2005, SEC.51; P.L.2-2006, SEC.2; P.L.35-2012, SEC.2.
Indiana Code 2015
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