§ 5-10.2-4-3 — Average of the annual compensation

Indiana § 5-10.2-4-3

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10.2: PUBLIC RETIREMENT AND DISABILITY
• Ch. 4: Retirement and Disability Benefits

Text

(a) Except as provided in subsection (f), in
computing the retirement benefit for a nonteacher member, "average
of the annual compensation" means the average annual compensation
calculated using the twenty (20) calendar quarters of service in a
position covered by the retirement fund before retirement in which the
member's annual compensation was the highest. However, in order for
a quarter to be included in the twenty (20) calendar quarters, the
nonteacher member must have performed service throughout the
calendar quarter. All twenty (20) calendar quarters do not have to be
continuous but they must be in groups of four (4) consecutive calendar
quarters. The same calendar quarter may not be included in two (2)
different groups.
(b) This subsection does not apply to a teacher member described
in subsection (c). In computing the retirement benefit for a teacher
member, "average of the annual compensation" means the average
annual compensation for the five (5) years of service before retirement
in which the member's annual compensation was highest. In order for
a year to be included in the five (5) years, the teacher member must
have received for the year credit under IC 5-10.4-4-2 for at least
one-half (1/2) year of service. The five (5) years do not have to be
continuous.
(c) This subsection applies to a member of the Indiana state
teachers' retirement fund who serves in an elected position for which
the member takes an unpaid leave of absence. In computing the
retirement benefit for a teacher member described in this subsection for
years of service to which IC 5-10.4-5-7 does not apply, "average of the
annual compensation" means the annual compensation for the one (1)
year of service before retirement in which the member's annual
compensation was highest. In order for a year to be used, the teacher
member must have received for the year credit under IC 5-10.4-4-2 for
at least one-half (1/2) year of service.
(d) Subject to IC 5-10.2-2-1.5, "annual compensation" means:
(1) the basic salary earned by and paid to the member plus the
amount that would have been part of that salary but for:
(A) the state's, a school corporation's, a participating political
subdivision's, or a state educational institution's paying the
member's contribution to the fund for the member; or
(B) the member's salary reduction agreement established under
Section 125, 403(b), or 457 of the Internal Revenue Code; and
(2) in the case of a member described in subsection (c) and for
years of service to which IC 5-10.4-5-7 does not apply, the basic
salary that was not paid during the year but would have been paid
to the member during the year under the member's employment
contracts, if the member had not taken any unpaid leave of
absence to serve in an elected position.
The portion of a back pay award or a similar award that the board
determines is compensation under an agreement or under a judicial or
an administrative proceeding shall be allocated by the board among the
years the member earned or should have earned the compensation.
Only that portion of the award allocated to the year the award is made
is considered to have been earned during the year the award was made.
Interest on an award is not considered annual compensation for any
year.
(e) Compensation of not more than two thousand dollars ($2,000)
received from the employer in contemplation of the member's
retirement, including severance pay, termination pay, retirement bonus,
or commutation of unused sick leave or personal leave, may be
included in the total annual compensation from which the average of
the annual compensation is determined, if it is received:
(1) before the member ceases service; or
(2) within twelve (12) months after the member ceases service.
(f) This subsection applies to a member of the general assembly:
(1) who is a participant in the legislators' retirement system
established under IC 2-3.5;
(2) who is also a member of the public employees' retirement fund
or the Indiana state teachers' retirement fund; and
(3) whose years of service in the general assembly may not be
considered in determining the average of the annual
compensation under this section, as provided in IC 2-3.5-1-2(b)(2) or IC 2-3.5-3-1(c).
The board shall use the board's actuarial salary increase assumption to
project the salary for any previous year needed to determine the
average of the annual compensation.
As added by Acts 1977, P.L.53, SEC.2. Amended by
P.L.28-1984, SEC.2; P.L.35-1985, SEC.13; P.L.55-1989, SEC.17;
P.L.6-1989, SEC.2; P.L.4-1990, SEC.8; P.L.10-1993, SEC.4;
P.L.95-2004, SEC.2; P.L.2-2006, SEC.24; P.L.2-2007,
SEC.93.