(a)Subject to subsection (g), if a member who
is receiving retirement benefits becomes reemployed in a position
covered by this article more than thirty (30) days after the member's
retirement, the member's retirement benefit payments continue.
(b)This subsection applies only to a retired member of the public
employees' retirement fund who, before July 1, 2013, begins a period
of reemployment in a covered position more than thirty (30) days after
the member's retirement. The member shall begin making contributions
as required in IC 5-10.2-3-2, and the member's employer shall make
contributions throughout the member's period of reemployment.
(c)If a member who is receiving retirement benefits is reemployed
in a position covered by this article not more than thirty (30) days after
the mem
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(a) Subject to subsection (g), if a member who
is receiving retirement benefits becomes reemployed in a position
covered by this article more than thirty (30) days after the member's
retirement, the member's retirement benefit payments continue.
(b) This subsection applies only to a retired member of the public
employees' retirement fund who, before July 1, 2013, begins a period
of reemployment in a covered position more than thirty (30) days after
the member's retirement. The member shall begin making contributions
as required in IC 5-10.2-3-2, and the member's employer shall make
contributions throughout the member's period of reemployment.
(c) If a member who is receiving retirement benefits is reemployed
in a position covered by this article not more than thirty (30) days after
the member's retirement, the member's retirement benefits shall stop,
the member shall begin making contributions as required by IC 5-10.2-3-2, and employer contributions shall be made throughout the
period of reemployment.
(d) This subsection applies only to a retired member of the public
employees' retirement fund who, before July 1, 2013, begins a period
of reemployment in a covered position more than thirty (30) days after
the member's retirement. If a retired member is reemployed in a
position covered by this article, section 10 of this chapter applies to the
member upon the member's retirement from reemployment.
(e) Subject to subsection (g), and except for a member described in
IC 5-10.2-3-3(a)(2), the following apply to a retired member who
begins a period of reemployment in a covered position more than thirty
(30) days after the member's retirement:
(1) The member's retirement benefit payments continue during the
member's period of reemployment without regard to the amount
of the member's earnings from the covered position.
(2) The member may not make contributions under IC 5-10.2-3-2,
IC 5-10.3-7-9, or IC 5-10.4-4-11 during the member's period of
reemployment.
(3) The member's employer may not make contributions under IC 5-10.2-2-11, IC 5-10.3-7-9, or IC 5-10.4-4-11 for or on behalf of
the member during the member's period of reemployment.
(4) The member does not earn creditable service under IC 5-10.2-3-1 for the member's period of reemployment.
(5) The member is not entitled to an additional benefit under
sections 9 and 10 of this chapter for the member's period of
reemployment.
(f) The thirty (30) day period provided for in this section may be
implemented unless the board receives a determination from the
Internal Revenue Service prohibiting the implementation.
(g) After July 31, 2009, if, on or before the date the member files an
application for retirement benefits under this article, a member has a
formal or informal agreement with an employer covered by this article
to become reemployed in a position covered by this article after the
member's retirement, regardless of the time frame between the
member's retirement and the member's reemployment, the member's
application for retirement benefits is void, and the following apply to
the member's continued employment:
(1) If a member has received a retirement benefit:
(A) the member's retirement benefit shall stop; and
(B) the member shall repay the amount of the retirement benefit
received.
(2) The member shall make contributions as required by IC 5-10.2-3-2 throughout the period of the member's continued
employment.
(3) Employer contributions shall be made throughout the period
of the member's continued employment.
(4) The member shall earn creditable service under IC 5-10.2-3-1
for the member's continued employment.
(5) When the period of the member's continued employment
terminates, the member may again file an application for
retirement benefits under this chapter.
As added by Acts 1977, P.L.53, SEC.2. Amended by
P.L.49-1985, SEC.1; P.L.195-1999, SEC.18; P.L.246-2001, SEC.6;
P.L.62-2005, SEC.3; P.L.72-2007, SEC.5; P.L.76-2008, SEC.2;
P.L.130-2008, SEC.1; P.L.115-2009, SEC.8; P.L.35-2012, SEC.45;
P.L.195-2013, SEC.6; P.L.2-2014, SEC.15.