(a)This section does not apply to:
(1)members of the general assembly; or
(2)employees covered by section 3 of this chapter.
(b)As used in this section, "employees of the state" includes:
(1)employees of the judicial circuits whose compensation is paid
from state funds;
(2)elected and appointed state officers;
(3)prosecuting attorneys and deputy prosecuting attorneys of the
judicial circuits, whose compensation is paid in whole or in part
from state funds, including participants in the prosecuting
attorneys retirement fund established under IC 33-39-7;
(4)employees in the classified service;
(5)employees of any state department, institution, board,
commission, office, agency, court, or division of state government
receiving state appropriations and having the authority to certify
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(a) This section does not apply to:
(1) members of the general assembly; or
(2) employees covered by section 3 of this chapter.
(b) As used in this section, "employees of the state" includes:
(1) employees of the judicial circuits whose compensation is paid
from state funds;
(2) elected and appointed state officers;
(3) prosecuting attorneys and deputy prosecuting attorneys of the
judicial circuits, whose compensation is paid in whole or in part
from state funds, including participants in the prosecuting
attorneys retirement fund established under IC 33-39-7;
(4) employees in the classified service;
(5) employees of any state department, institution, board,
commission, office, agency, court, or division of state government
receiving state appropriations and having the authority to certify
payrolls from appropriations or from a trust fund held by the
treasurer of state or by any department;
(6) employees of any state agency that is a body politic and
corporate;
(7) except as provided under IC 5-10.5-7-4, employees of the
board of trustees of the Indiana public retirement system;
(8) persons who:
(A) are employed by the state;
(B) have been classified as federal employees by the United
States Secretary of Agriculture; and
(C) are excluded from coverage as federal employees by the
federal Social Security program under 42 U.S.C. 410;
(9) the directors and employees of county offices of family and
children; and
(10) members and employees of the state lottery commission.
(c) An employee of the state or of a participating political
subdivision who:
(1) became a full-time employee of the state or of a participating
political subdivision in a covered position; and
(2) had not become a member of the fund;
before April 1, 1988, shall on April 1, 1988, become a member of the
fund unless the employee is excluded from membership under section
2 of this chapter.
(d) Except as otherwise provided, any individual who becomes a
full-time employee of the state or of a participating political
subdivision in a covered position after March 31, 1988, becomes a
member of the fund on the date the individual's employment begins
unless the individual is excluded from membership under section 2 of
this chapter.
(e) An individual:
(1) who becomes a full-time employee of a political subdivision
in a covered position after June 30, 2015;
(2) 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 fund; and
(3) who is not excluded from membership under section 2 of this
chapter;
becomes a member of the fund on the date the individual's employment
begins.
(f) An individual:
(1) who becomes a full-time employee of a political subdivision
in a covered position after an ordinance or resolution described in
subdivision (2) that is adopted by the political subdivision has
been approved by the board;
(2) 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:
(A) to allow an employee in the covered position to become a
member of the fund or a member of the public employees'
defined contribution plan at the discretion of the employee; and
(B) to require an employee in a covered position to make an
election under IC 5-10.3-12-20.5 in order to become a member
of the plan;
(3) who does not make an election under IC 5-10.3-12-20.5 to
become a member of the public employees' defined contribution
plan; and
(4) who is not excluded from membership under section 2 of this
chapter;
becomes a member of the fund on the date the individual's employment
begins.
(g) An individual:
(1) who becomes a full-time employee of a political subdivision
in a covered position after an ordinance or resolution described in
subdivision (2) that is adopted by the political subdivision has
been approved by the board;
(2) 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:
(A) to allow an employee in the covered position to become a
member of the fund or the public employees' defined
contribution plan at the discretion of the employee; and
(B) to require an employee to make an election under section
1.1 of this chapter in order to become a member of the fund;
(3) who does make an election under section 1.1 of this chapter to
become a member of the fund; and
(4) who is not excluded from membership under section 2 of this
chapter;
becomes a member of the fund on the date the individual's employment
begins.
As added by Acts 1977, P.L.53, SEC.3. Amended by Acts 1978,
P.L.24, SEC.4; Acts 1982, P.L.37, SEC.2; P.L.41-1983, SEC.7;
P.L.31-1984, SEC.1; P.L.35-1985, SEC.23; P.L.16-1986, SEC.2;
P.L.61-1987, SEC.1; P.L.46-1988, SEC.6; P.L.62-1989, SEC.1;
P.L.4-1993, SEC.7; P.L.5-1993, SEC.18; P.L.98-2004, SEC.67;
P.L.91-2004, SEC.1; P.L.35-2012, SEC.81; P.L.195-2013, SEC.9;
P.L.241-2015, SEC.19; P.L.92-2019, SEC.1.