§ 36-8-5-10 — Credit for time spent on leave

(a) Except as provided in subsection (b) or
(c), a member on leave under either section 2 or section 3 of this
chapter is entitled to be credited with time spent in full-time
employment for all purposes, including retirement and pension
benefits.
(b) A member of the 1925 fund, the 1937 fund, the 1953 fund, or the
1977 fund who is granted an unpaid leave of absence under the Family
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) shall be credited
with time spent on leave for the purposes of benefit eligibility and
vesting to the extent required by the Family Medical Leave Act. The
member shall not receive credit for purposes of accruing additional
benefits, except to the extent required by the Family Medical Leave
Act.
(c) This subsection applies to a member of the 1925 fund, the 1937
fund, the 1953 fund, or the 1977 fund who is granted a leave of absence
for service in an elected office under section 2 of this chapter. In order
to receive service credit in the 1925 fund, the 1937 fund, the 1953
fund, or the 1977 fund for the period of the leave of absence, the
member must pay to the applicable fund for or during the leave the
assessment or contribution that the member would have paid during the
period of the leave had the member not been on the leave during that
time. The member's employer may pay all or a part of the assessment
or contribution for the member.
[Pre-Local Government Recodification Citations: 19-1-4-1
part; 19-1-6.5-5 part.]
As added by Acts 1981, P.L.309, SEC.54. Amended by
P.L.213-1995, SEC.5; P.L.130-2008, SEC.3.