§ 5-10.3-12-1 — Applicability of chapter

Indiana § 5-10.3-12-1

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10.3: THE PUBLIC EMPLOYEES' RETIREMENT
• Ch. 12: Public Employees' Defined Contribution Plan

Text

(a) Except as otherwise provided in this
section, this chapter applies to the following:
(1) An individual who:
(A) on or after the effective date of the plan, becomes for the
first time a full-time employee of the state:
(i) in a position that would otherwise be eligible for
membership in the fund under IC 5-10.3-7; and
(ii) who is paid by the state comptroller by salary warrants;
and
(B) makes the election described in section 20 of this chapter
to become a member of the plan.
(2) An individual:
(A) who becomes a full-time employee of a participating
political subdivision in a covered position after an ordinance or
resolution described in clause (C) that is adopted by the
political subdivision has been approved by the board;
(B) who would otherwise be eligible for membership in the
fund under IC 5-10.3-7; and
(C) who is employed by a political subdivision that has elected
in an ordinance or resolution adopted under IC 5-10.3-6-1 and
approved by the board to require an employee in the covered
position to become a member of the plan.
(3) An individual:
(A) who becomes a full-time employee of a political
subdivision in a covered position after an ordinance or
resolution described in clause (C) that is adopted by the
political subdivision has been approved by the board;
(B) who would otherwise be eligible for membership in the
fund under IC 5-10.3-7;
(C) who is employed by a political subdivision that has elected
in an ordinance or resolution adopted under IC 5-10.3-6-1 and
approved by the board:
(i) to allow an employee in the covered position to become a
member of the fund or a member of the plan at the discretion
of the employee; and
(ii) to require an employee in a covered position to make an
election under section 20.5 of this chapter in order to become
a member of the plan; and
(D) who makes an election under section 20.5 of this chapter to
become a member of the plan.
(4) An individual:
(A) who becomes a full-time employee of a political
subdivision in a covered position after an ordinance or
resolution described in clause (C) that is adopted by the
political subdivision has been approved by the board;
(B) who would otherwise be eligible for membership in the
fund under IC 5-10.3-7;
(C) who is employed by a political subdivision that has elected
in an ordinance or resolution adopted under IC 5-10.3-6-1 and
approved by the board:
(i) to allow an employee in the covered position to become a
member of the fund or a member of the plan at the discretion
of the employee; and
(ii) to require an employee to make an election under IC 5-10.3-7-1.1 in order to become a member of the fund; and
(D) who does not make an election under IC 5-10.3-7-1.1 to
become a member of the fund.
(5) An individual who makes an election described in section 20.3
of this chapter.
(6) An individual:
(A) who is a retired member (as defined in IC 5-10.3-1-5) of the
fund;
(B) who is prohibited from making contributions to the fund
under IC 5-10.2-4-8(e) during a period of reemployment that
begins more than thirty (30) days after the member retired; and
(C) who, on or after the date:
(i) the state files a notice; or
(ii) a participating political subdivision files an adopted
ordinance or resolution;
with the board in accordance with section 32 of this chapter,
begins, or is engaged in, a period of reemployment with the
state or a participating political subdivision as a full-time
employee more than thirty (30) days after the individual's
retirement in a position that would otherwise be covered by the
fund.
(7) An individual who becomes a member of a volunteer fire
department in a covered position after a political subdivision
served by the volunteer fire department has elected in an
ordinance or resolution adopted under IC 5-10.3-6-1.1 and
approved by the board to require an individual in the covered
position to become a member of the plan.
(b) Except as provided in subsection (c), this chapter does not apply
to an individual who, on or after the effective date of the plan:
(1) becomes for the first time a full-time employee of the state in
a position that would otherwise be eligible for membership in the
fund under IC 5-10.3-7; and
(2) is employed by:
(A) a body corporate and politic of the state created by state
statute; or
(B) a state educational institution (as defined in IC 21-7-13-32).
(c) The chief executive officer of a body or institution described in
subsection (b) may elect, by submitting a written notice of the election
to the director, to have this chapter apply to individuals who, as
employees of the body or institution, become for the first time full-time
employees of the state in positions that would otherwise be eligible for
membership in the fund under IC 5-10.3-7. An election under this
subsection is effective on the later of:
(1) the date the notice of the election is received by the director;
or
(2) March 1, 2013.

Legislative History

As added by P.L.22-2011, SEC.2. Amended by P.L.54-2013, SEC.2; P.L.241-2015, SEC.24; P.L.193-2016, SEC.14; P.L.209-2016, SEC.3; P.L.96-2020, SEC.3; P.L.9-2024, SEC.128.