§ 5-10-5.5-22 — Deferred retirement option plan

Indiana § 5-10-5.5-22

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10: PUBLIC EMPLOYEE BENEFITS
• Ch. 5.5: State Excise Police, Gaming Agent, Gaming Control

Text

(a) As used in this section, "DROP" refers
to a deferred retirement option plan established under this section.
(b) As used in this section, "DROP entry date" means the date that
a participant's election to enter a DROP becomes effective.
(c) As used in this section, "DROP frozen benefit" refers to an
annual retirement allowance computed under section 10 of this chapter
based on a participant's:
(1) average annual salary; and
(2) years of creditable service;
on the date the participant enters the DROP.
(d) As used in this section, "DROP retirement date" means the
future retirement date selected by a participant at the time the
participant elects to enter the DROP.
(e) Only a participant who is eligible to receive an unreduced annual
retirement allowance immediately upon termination of employment
may elect to enter a DROP. A participant who elects to enter the DROP
shall do the following:
(1) Agree to the following:
(A) The participant shall execute an irrevocable election to
retire on the DROP retirement date and must remain in active
service until that date.
(B) While in the DROP, the participant shall continue to make
contributions under section 8 of this chapter.
(C) The participant shall select a DROP retirement date not less
than twelve (12) months and not more than:
(i) thirty-six (36) months after the participant's DROP entry
date, for a participant who executes an election described in
clause (A) before July 1, 2024; or
(ii) sixty (60) months after the participant's DROP entry date,
for a participant who executes an election described in clause
(A) after June 30, 2024.
(D) The participant may not remain in the DROP after the date
the participant reaches the mandatory retirement age under
section 9 of this chapter.
(E) The participant may make an election to enter the DROP
only once in the participant's lifetime.
(2) Notify the participant's employer of the DROP election within
thirty (30) days of the election.
(f) Notwithstanding subsection (e), a participant that entered the
DROP before July 1, 2024, and that has not exited the DROP may elect
to extend the participant's DROP retirement date up to sixty (60)
months after the participant's DROP entry date.
(g) A participant that makes the election described in subsection (f)
shall notify the participant's employer within thirty (30) days of the
election.
(h) Contributions or payments provided by the general assembly
under section 4(b)(4) of this chapter continue for a participant while
the participant is in the DROP.
(i) A participant shall exit the DROP on the earliest of the
following:
(1) The participant's DROP retirement date.
(2) Either:
(A) thirty-six (36) months after the participant's DROP entry
date, if the participant:
(i) executes an election described in subsection (e) before
July 1, 2024; and
(ii) does not execute an extension described in subsection (f);
or
(B) sixty (60) months after the participant's DROP entry date,
if the participant:
(i) executes an election described in subsection (e) after June
30, 2024; or
(ii) executes an extension described in subsection (f).
(3) The participant's mandatory retirement age.
(4) The date the participant retires because of a disability as
provided by subsection (m).
(j) A participant who retires on the participant's DROP retirement
date or on the date the participant retires because of a disability as
provided by subsection (m) may elect to receive an annual retirement
allowance:
(1) computed under section 10 of this chapter as if the participant
had never entered the DROP; or
(2) consisting of:
(A) the DROP frozen benefit; plus
(B) an additional amount, paid as the participant elects under
subsection (k), determined by multiplying:
(i) the DROP frozen benefit; by
(ii) the number of months the participant was in the DROP.
(k) The participant shall elect, at the participant's retirement, to
receive the additional amount calculated under subsection (j)(2)(B) in
one (1) of the following ways:
(1) A lump sum paid on:
(A) the participant's DROP retirement date; or
(B) the date the participant retires because of a disability as
provided by subsection (m).
(2) Three (3) equal annual payments:
(A) commencing on:
(i) the participant's DROP retirement date; or
(ii) the date the participant retires because of a disability as
provided by subsection (m); and
(B) thereafter paid on:
(i) the anniversary of the participant's DROP retirement date;
or
(ii) the date the participant retires because of a disability as
provided by subsection (m).
(l) A cost of living increase determined under section 21(c) of this
chapter does not apply to the additional amount calculated under
subsection (j)(2)(B) at the participant's DROP retirement date or the
date the participant retires because of a disability as provided by
subsection (m). No cost of living increase is applied to a DROP frozen
benefit while the participant is in the DROP. After the participant's
DROP retirement date or the date the participant retires because of a
disability as provided by subsection (m), cost of living increases
determined under section 21(c) of this chapter apply to the participant's
annual retirement allowance computed under this section.
(m) If a participant becomes disabled, in the line of duty or other
than in the line of duty while in the DROP, the participant's annual
retirement allowance is computed as follows:
(1) If the participant retires because of a disability less than
twelve (12) months after the date the participant enters the DROP,
the participant's annual retirement allowance is calculated as if
the participant had never entered the DROP.
(2) If the participant retires because of a disability at least twelve
(12) months after the date the participant enters the DROP, the
participant's annual retirement allowance is calculated under this
section, and the participant's retirement date is the date the
member retires because of a disability rather than the participant's
DROP retirement date.
(n) If, before payment of the participant's annual retirement
allowance begins, the participant dies in the line of duty or other than
in the line of duty, death benefits are payable to the participant's
surviving spouse. If there is no surviving spouse, the death benefits
must be divided equally among the participant's surviving children. If
there are no surviving children, the death benefits are paid to the
participant's parents. If there are no surviving parents, the death
benefits are paid to the participant's estate. The death benefits are
determined as follows:
(1) If the participant dies less than twelve (12) months after the
date the participant enters the DROP, the death benefits are
calculated as if the participant had never entered the DROP.
(2) If the participant dies at least twelve (12) months after the date
the participant enters the DROP, the death benefits consist of both
of the following:
(A) At the election of the survivor or survivors to whom the
benefit is payable, the benefit calculated under subsection
(j)(2)(B) is paid in either:
(i) a lump sum; or
(ii) three (3) equal annual payments, the first as soon as
practicable after the date of the participant's death, the second
on the first anniversary of the participant's death, and the
third on the second anniversary of the participant's death.
(B) A benefit is paid on the DROP frozen benefit under the
terms of the retirement plan created by this chapter.
(o) Except as provided under subsections (m) and (n), the annual
retirement allowance for a participant who exits the DROP for any
reason other than retirement on the participant's DROP retirement date
is calculated as if the participant had never entered the DROP.

Legislative History

As added by P.L.128-2008, SEC.4. Amended by P.L.145-2020, SEC.2; P.L.129-2024, SEC.2; P.L.136-2024, SEC.2.