§ 5-10.2-3-1 — Creditable service

Indiana § 5-10.2-3-1

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10.2: PUBLIC RETIREMENT AND DISABILITY
• Ch. 3: Creditable Service; Contributions; Withdrawals; Death

Text

(a) Except as provided in IC 5-10.2-4-8(e),
each member's creditable service, for the purpose of computing
benefits under this article, consists of all service in a position covered
by a retirement fund plus all other service for which the retirement fund
law gives credit.
(b) No member may be required to pay any contributions for service
before the member is covered by this article as a condition precedent
to receiving benefits under this article. However, the member must
furnish to the board proof of the service in a position covered by the
fund under which the member claims service.
(c) A member who has past service as an employee of the state or
a participating political subdivision in a position which was not
covered by the retirement fund is entitled to credit for this service if the
position becomes covered before January 1, 1985, by the Indiana state
teachers' retirement fund, the public employees' retirement fund, or the
retirement fund for the state board of accounts and if the member
submits to the board proof of the service in a position covered by the
fund in which the member claims service.
(d) A member who has past service in a position that was not
covered by the retirement fund is entitled to credit for this service if the
position becomes covered after December 31, 1984, by a fund while
the member holds that position or another position with the same
employer and if the member submits to the board proof of the service
in a position covered by the fund in which the member claims service.
(e) The proof required by this section must:
(1) be submitted in a form approved by the director;
(2) contain dates and nature of service and other information
required by the director; and
(3) be certified by the governing body or its agent.
(f) A member who is a state employee is entitled to service credit for
the time the member is receiving disability benefits under a disability
plan established under IC 5-10-8-7.
(g) If a participant in the legislators' defined benefit plan does not
become entitled to a benefit from that plan, the board shall include the
participant's service in the general assembly in the determination of
eligibility for, and computation of, benefits under PERF or TRF at the
time the participant would be eligible to receive benefits under PERF
or TRF. After benefits commence under PERF or TRF with the general
assembly service included, the participant's general assembly service
may not be used for the computation of benefits under IC 2-3.5-4.
(h) A member may receive service credit for all or a part of the
member's creditable service in another governmental retirement plan
under IC 5-10.3-7-4.5 and IC 5-10.4-4-4. A member may not receive
credit for service for which the member receives service credit in
another retirement plan maintained by a state, a political subdivision,
or an instrumentality of the state for service that PERF or TRF would
otherwise give credit.
(i) A member may use all or a part of the member's creditable
service under PERF or TRF in another governmental retirement plan
under the terms of the other plan. Creditable service used under the
other governmental retirement plan may not be used in PERF or TRF.
As added by Acts 1977, P.L.53, SEC.2. Amended by
P.L.28-1984, SEC.1; P.L.5-1990, SEC.5; P.L.43-1991, SEC.1;
P.L.22-1998, SEC.3; P.L.2-2006, SEC.23; P.L.72-2007, SEC.2;
P.L.1-2009, SEC.17; P.L.35-2012, SEC.39; P.L.195-2013,
SEC.3.