Indiana § 5-10.2-4-8.2 Election, appointment to elected position, or service in other position
covered by this article

Indiana Statutes

§ 5-10.2-4-8.2 — Election, appointment to elected position, or service in other position covered by this article

Indiana § 5-10.2-4-8.2

Title 5STATE AND LOCAL ADMINISTRATION

Art. 10.2PUBLIC RETIREMENT AND DISABILITY

Ch. 4Retirement and Disability Benefits

This text of Indiana § 5-10.2-4-8.2 (Election, appointment to elected position, or service in other position covered by this article) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 5-10.2-4-8.2 (2026).

Text

2.

(a)Notwithstanding section 8 of this chapter, if a member who is receiving retirement benefits is elected or appointed to an elected position covered by this article, the member shall file a written, irrevocable election with the board to continue or discontinue retirement benefits while the member holds the elected position.

(b)If a member:

(1)is elected or appointed to an elected position and:

(A)becomes at least fifty-five (55) years of age; and

(B)completes at least twenty (20) years of service; or

(2)is serving in any other position covered by this article and:

(A)becomes:

(i)before July 1, 2023, at least seventy (70) years of age; and

(ii)after June 30, 2023, at least sixty-five (65) years of age; and

(B)completes at least twenty (20) years of service; while holding the

Free access — add to your briefcase to read the full text and ask questions with AI

2. (a) Notwithstanding section 8 of this
chapter, if a member who is receiving retirement benefits is elected or
appointed to an elected position covered by this article, the member
shall file a written, irrevocable election with the board to continue or
discontinue retirement benefits while the member holds the elected
position.
(b) If a member:
(1) is elected or appointed to an elected position and:
(A) becomes at least fifty-five (55) years of age; and
(B) completes at least twenty (20) years of service; or
(2) is serving in any other position covered by this article and:
(A) becomes:
(i) before July 1, 2023, at least seventy (70) years of age; and
(ii) after June 30, 2023, at least sixty-five (65) years of age;
and
(B) completes at least twenty (20) years of service;
while holding the position, the member may file a written, irrevocable
election to begin receiving, while holding the position, retirement
benefits to which the member would be entitled by age and service. A
member who does not make the irrevocable election while holding the
position continues to accrue service credit for any period from the date
the member qualifies to make the election under this subsection to the
date on which the member files a retirement application or the date on
which the member ceases to hold the position, whichever occurs first.
(c) The form and content of an election shall be prescribed by the
board. If the member elects to discontinue receiving retirement
benefits, the member shall make contributions as required in IC 5-10.2-3-2. If the member elects to continue or begin receiving
benefits:
(1) the member may continue to make contributions under IC 5-10.2-3-2 but is not required to do so; and
(2) the member waives the accrual of service credit and the right
to any supplemental benefit from service in the position, except
to the extent that the value of the accrual of additional service
credit and any supplemental benefit exceeds the actuarial value of
the benefits received under this chapter and that were continued
or begun pursuant to an election under this section.
(d) Except to the extent of the liability for any additional benefit
accrued under subsection (c)(2), the employer shall make the
employer's contribution only for past service liability based on the
salary for the position of a member who elects under subsection (a) or
(b) to continue or begin receiving retirement benefits.
(e) Section 10 of this chapter applies to a member who elects under
subsection (a) to discontinue receiving retirement benefits. Section 10
of this chapter does not apply, while the member holds a position
covered by this article, to a member who elects under subsection (a) or
(b) to continue or begin receiving retirement benefits.

Legislative History

As added by P.L.47-1985, SEC.4. Amended by P.L.60-1989, SEC.1; P.L.4-1990, SEC.10; P.L.25-1994, SEC.4; P.L.61-2002, SEC.6; P.L.27-2019, SEC.3; P.L.201-2023, SEC.80.