2013 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 10.2. PUBLIC RETIREMENT AND DISABILITY BENEFITS
CHAPTER 1. DEFINITIONS
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IC 5-10.2
ARTICLE 10.2. PUBLIC
DISABILITY BENEFITS
RETIREMENT
AND
IC 5-10.2-1
Chapter 1. Definitions
IC 5-10.2-1-1
"Board"
Sec. 1. "Board", as used in this article, means the board of trustees
of the Indiana public retirement system established by IC 5-10.5-3-1.
As added by Acts 1977, P.L.53, SEC.2. Amended by P.L.23-2011,
SEC.6.
IC 5-10.2-1-2
"Fund"
Sec. 2. Fund. "Fund" as used in this article means the Indiana state
teachers' retirement fund and the public employees' retirement fund.
As added by Acts 1977, P.L.53, SEC.2.
IC 5-10.2-1-3
"Employer"
Sec. 3. (a) "Employer" as used in this article means the state for
employees of the state and a political subdivision or school
corporation for its employees.
(b) With regard to employer contributions, "employer" includes
the state for members of the Indiana state teachers' retirement fund
with respect to the pre-1996 account.
As added by Acts 1977, P.L.53, SEC.2. Amended by P.L.54-1993,
SEC.1.
IC 5-10.2-1-3.5
"Internal Revenue Code"
Sec. 3.5. As used in this article, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
As added by P.L.55-1989, SEC.7.
IC 5-10.2-1-4
"Member"
Sec. 4. Member. "Member" as used in this article means a member
of the Indiana state teachers' retirement fund or of the public
employees' retirement fund.
As added by Acts 1977, P.L.53, SEC.2.
IC 5-10.2-1-4.5
"1996 account"
Sec. 4.5. As used in this article, "1996 account" refers to the 1996
account established within the Indiana state teachers' retirement fund
under IC 5-10.4-2-2.
As added by P.L.54-1993, SEC.2. Amended by P.L.2-2006, SEC.17.
IC 5-10.2-1-5
"Participating political subdivision"
Sec. 5. Participating Political Subdivision. "Participating political
subdivision" as used in this article means a political subdivision
which is participating in the public employees' retirement fund as
specified in IC 5-10.3-6.
As added by Acts 1977, P.L.53, SEC.2.
IC 5-10.2-1-5.5
"Pre-1996 account"
Sec. 5.5. As used in this article, "pre-1996 account" refers to the
pre-1996 account established within the Indiana state teachers'
retirement fund under IC 5-10.4-2-2.
As added by P.L.54-1993, SEC.3. Amended by P.L.2-2006, SEC.18.
IC 5-10.2-1-6
"Retirement fund law"
Sec. 6. "Retirement fund law" as used in this article means the
statutes governing:
(1) the Indiana state teachers' retirement fund;
(2) the public employees' retirement fund; and
(3) the Indiana public retirement system.
As added by Acts 1977, P.L.53, SEC.2. Amended by P.L.35-2012,
SEC.29.
IC 5-10.2-1-6.5
"School corporation"
Sec. 6.5. As used in this article, "school corporation" has the
meaning set forth in IC 5-10.4-1-13.
As added by P.L.54-1993, SEC.4. Amended by P.L.2-2006, SEC.19.
IC 5-10.2-1-7
"Social Security Act"
Sec. 7. Social Security Act. "Social Security Act" as used in this
article means the act of Congress approved August 14, 1935, chapter
531, 49 Stat. 620 (42 U.S.C. 301), as amended, and any rules or
regulations issued pursuant to it.
As added by Acts 1977, P.L.53, SEC.2.
IC 5-10.2-1-8
"Vested status"
Sec. 8. (a) Except as provided in subsection (b), "vested status" as
used in this article means the status of having ten (10) years of
creditable service.
(b) In the case of a person who is an elected county official whose
governing body has provided for the county official's participation in
the public employees' retirement fund under IC 5-10.3-7-2(1),
"vested status" means the status of having:
(1) at least eight (8) years of creditable service as an elected
county official in an office described in IC 5-10.2-4-1.7;
(2) been elected at least two (2) times if the person would have
had at least eight (8) years of creditable service as an elected
county official in an office described in IC 5-10.2-4-1.7 had the
person's term of office not been shortened under a statute
enacted under Article 6, Section 2(b) of the Constitution of the
State of Indiana; or
(3) at least ten (10) years of creditable service as a member of
the fund based on a combination of service as an elected county
official and as a full-time employee in a covered position.
(c) In the case of a person whose term of office commences after
the election on November 5, 2002, as auditor of state, secretary of
state, or treasurer of state, and who is prohibited by Article 6, Section
1 of the Constitution of the State of Indiana from serving in that
office for more than eight (8) years during any period of twelve (12)
years, that person shall be vested with at least eight (8) years of
creditable service as a member of the fund.
(d) This subsection applies to an individual elected to the office
of treasurer of state at the election on November 7, 2006. The
individual is vested for purposes of this article if the individual is
reelected as treasurer of state at the 2010 general election and serves
in the office until January 1, 2015.
As added by Acts 1977, P.L.53, SEC.2. Amended by P.L.73-2002,
SEC.1; P.L.88-2005, SEC.1; P.L.115-2008, SEC.4.
IC 5-10.2-1-9
Gender; number
Sec. 9. Gender; Number. (a) When a masculine pronoun is used
in this article, it refers to the masculine, feminine, or neuter, as
appropriate.
(b) The singular form of any noun used in this article includes the
plural, and the plural includes the singular, as appropriate.
As added by Acts 1977, P.L.53, SEC.2.
IC 5-10.2-1-10
"Member's contribution"
Sec. 10. As used in this article, "member's contribution" includes
contributions paid by:
(1) the employer for members of the public employees'
retirement fund; or
(2) a school corporation, the state, or a state educational
institution for members of the teachers' retirement fund.
As added by P.L.41-1983, SEC.4. Amended by P.L.35-1985, SEC.2;
P.L.2-2007, SEC.92.
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