§ 36-8-8-6 — Employer contributions; reports and records

(a) Each employer shall annually on March 31,
June 30, September 30, and December 31, for the calendar quarters
ending on those dates, or an alternate date established by the rules of
the system board, pay into the 1977 fund an amount determined by the
system board:
(1) for administration expenses; and
(2) sufficient to maintain level cost funding during the period of
employment on an actuarial basis for members hired after April
30, 1977.
(b) After December 31, 2011, each employer shall submit the
payments required by subsection (a) by electronic funds transfer.
(c) After June 30, 2021, an employer must provide to the system
board any reports or records requested by the system board. The
requested reports or records must be provided to the system board:
(1) not more than thirty (30) days after the end of the calendar
quarter, if applicable; or
(2) by an alternate due date established by the rules of the system
board.
The reports or records requested by the system board must be provided
through a secure connection over the Internet or through other
electronic means specified by the system board.
(d) If the employer does not provide the reports or records specified
in subsection (c), the system board may fine the employer or
department one hundred dollars ($100) for each day that the reports or
records are late, to be withheld under subsection (e).
(e) If an employer fails to make the payments or provide the reports
and membership records as required by subsection (a) or (c) or fails to
send the fund members' contributions required by section 8(a) of this
chapter, the amount payable, on request of the system board, may be
withheld by the state comptroller from money payable to the employer
and transferred to the fund. In the alternative, the amount payable may
be recovered in the circuit or superior court of the county in which the
employer is located, in an action by the state on the relation of the
system board, prosecuted by the attorney general.
(f) In addition to the right of recovery in subsection (e), an alleged
failure of an employer to make the payments required by subsection (a)
may be examined by the state board of accounts under IC 5-11-1 or by
the Indiana public retirement system as necessary to confirm
compliance with subsection (a).
[Pre-Local Government Recodification Citations:
19-1-17.8-4; 19-1-36.5-4.]
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts
1982, P.L.33, SEC.39; P.L.13-2011, SEC.16; P.L.35-2012, SEC.118;
P.L.103-2021, SEC.5; P.L.9-2024, SEC.559.