2016 Indiana Code TITLE 5. STATE AND LOCAL ADMINISTRATION ARTICLE 10. PUBLIC EMPLOYEE BENEFITS CHAPTER 12. CAFETERIA PLAN BENEFITS FOR CERTAIN UNUSED VACATION, SICK, OR PERSONAL DAYS
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IC 5-10-12
Chapter 12. Cafeteria Plan Benefits for Certain Unused
Vacation, Sick, or Personal Days
IC 5-10-12-1
"Department" defined
Sec. 1. As used in this chapter, "department" means the state
personnel department.
As added by P.L.195-1999, SEC.8.
IC 5-10-12-2
"State agency" defined
Sec. 2. As used in this chapter, "state agency" means an authority,
board, branch, commission, committee, department, division, or other
instrumentality of state government, but does not include:
(1) a state educational institution;
(2) a state elected official's office; and
(3) the legislative and judicial branches of state government.
As added by P.L.195-1999, SEC.8. Amended by P.L.2-2007, SEC.87.
IC 5-10-12-3
Eligibility
Sec. 3. (a) Subject to subsections (b) and (c), an employee who:
(1) has at least ten (10) years of creditable service with a state
agency;
(2) retires after June 30, 2000; and
(3) has accrued and unused sick days, vacation days, or personal
days on the employee's retirement date;
is entitled to have the amounts specified in section 5 of this chapter
deposited by the state into a cafeteria plan under Section 125 of the
Internal Revenue Code.
(b) The provisions of this chapter requiring the department to
make deposits into a cafeteria plan on behalf of retired employees
described in subsection (a) apply only if the department has received
from the Internal Revenue Service any approvals or rulings that the
department considers necessary or appropriate for the cafeteria plan.
(c) The provisions of this chapter requiring the department to
make deposits into a cafeteria plan on behalf of retired employees
described in subsection (a) do not apply if the plan described in
IC 5-10-1.1-7.5(b) is implemented and the deferred compensation
committee has received from the Internal Revenue Service any
rulings or determination letters that the committee considers
necessary or appropriate for the plan described in IC 5-10-1.1-7.5(b).
As added by P.L.195-1999, SEC.8. Amended by P.L.184-2001,
SEC.7.
IC 5-10-12-4
Payments to plan
Indiana Code 2016
Sec. 4. (a) The department shall adopt rules under IC 4-22-2 that
it considers necessary to make periodic payments to a cafeteria plan
under Section 125 of the Internal Revenue Code on behalf of retired
employees described in section 3 of this chapter and to otherwise
carry out this chapter.
(b) The rules adopted by the department may include provisions
setting forth the following:
(1) The minimum or maximum total amount or annual amount
that may be deposited by the state under this chapter on behalf
of retired employees.
(2) The period of years of deposits.
(3) Payment provisions.
As added by P.L.195-1999, SEC.8.
IC 5-10-12-5
Calculation of deposits
Sec. 5. The amount that shall be deposited on behalf of a
participating retired employee may not exceed five thousand dollars
($5,000) and is based on:
(1) the hourly rate the employee was paid on the employee's
retirement date; and
(2) the following provisions concerning the employee's accrued
and unused vacation days, sick days, or personal days:
(A) An employee with at least ten (10) years of creditable
service but less than fifteen (15) years of creditable service
is entitled to an amount based on twenty percent (20%) of
the employee's accrued days.
(B) An employee with at least fifteen (15) years of creditable
service but less than twenty (20) years of creditable service
is entitled to an amount based on thirty-five percent (35%)
of the employee's accrued days.
(C) An employee with at least twenty (20) years of
creditable service is entitled to an amount based on not more
than fifty percent (50%) of the employee's accrued days.
As added by P.L.195-1999, SEC.8.
IC 5-10-12-6
Application procedure
Sec. 6. Within ninety (90) days after an employee's retirement
date, an employee who wishes to participate in a cafeteria plan as
provided under this chapter must file with the department a written
application and any information required by the department.
As added by P.L.195-1999, SEC.8.
Indiana Code 2016
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