(a)This subsection applies to a member who
retires before July 1, 1980. A member who had completed four (4)
years of approved college teacher education before voluntary or
involuntary induction into the military services is entitled to credit for
that service as if the member had begun teaching before the induction.
A member who serves in military service is considered a teacher and
is entitled to the benefits of the fund if before or during the leave of
absence the member pays into the fund the member's contributions.
Time served by a member in military service for the duration of the
hostilities or for the length of active service in the hostilities and the
necessary demobilization time after the hostilities is not subject to the
one-seventh rule set forth in section 7 of this chapter.
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(a) This subsection applies to a member who
retires before July 1, 1980. A member who had completed four (4)
years of approved college teacher education before voluntary or
involuntary induction into the military services is entitled to credit for
that service as if the member had begun teaching before the induction.
A member who serves in military service is considered a teacher and
is entitled to the benefits of the fund if before or during the leave of
absence the member pays into the fund the member's contributions.
Time served by a member in military service for the duration of the
hostilities or for the length of active service in the hostilities and the
necessary demobilization time after the hostilities is not subject to the
one-seventh rule set forth in section 7 of this chapter.
(b) This subsection applies to a member who retires after June 30,
1980. A member who completed four (4) years of approved college
teacher education before voluntary or involuntary induction into
military service is entitled to credit for the member's active military
service as if the member had begun teaching before the induction. A
member who serves in military service is considered a teacher and is
entitled to the benefits of the fund if the following conditions are met:
(1) The member has received a discharge from military service
under conditions other than conditions set forth in IC 10-17-12-7.5(2).
(2) Except as provided in subsection (g), the member returns to
active teaching service not later than twenty-four (24) months
after the completion of active military service.
(3) The member has at least ten (10) years of in-state service
credit.
The time served by a member in military service for the duration of the
hostilities or for the length of active service in the hostilities and the
necessary demobilization time after the hostilities is not subject to the
one-seventh rule set forth in section 7 of this chapter. However, not
more than six (6) years of military service credit may be granted under
this subsection.
(c) This subsection applies to a member who retires after May 1,
1989. A member who had begun but had not completed four (4) years
of approved college teacher education before voluntary or involuntary
induction into the military services is entitled to service credit in an
amount equal to the duration of the member's active military service if
the following conditions are met:
(1) The member has received a discharge from military service
under conditions other than conditions set forth in IC 10-17-12-7.5(2).
(2) Except as provided in subsection (g), the member returns to a
four (4) year approved college teacher training program not later
than twenty-four (24) months after the completion of active
military service and subsequently completes that program.
(3) The member has at least ten (10) years of in-state service
credit.
The time served by a member in active military service for the length
of active service in the hostilities and the necessary demobilization is
not subject to the one-seventh rule set forth in section 7 of this chapter.
However, not more than six (6) years of military service credit may be
granted under this subsection.
(d) This subsection applies to a member who retires after May 1,
1991, and who is employed at a state educational institution. A member
who had begun but had not completed baccalaureate or
post-baccalaureate education before voluntary or involuntary induction
into military service is entitled to the member's active military service
credit for the member's active military service in an amount equal to
the duration of the member's military service if the following
conditions are met:
(1) The member received a discharge from military service under
conditions other than conditions set forth in IC 10-17-12-7.5(2).
(2) Except as provided in subsection (g), the member returns to
baccalaureate or post-baccalaureate education not later than
twenty-four (24) months after completion of active military
service and subsequently completes that education.
(3) The member has at least ten (10) years of in-state service
credit.
The time served by a member in active military service for the length
of active service in the hostilities and the necessary demobilization is
not subject to the one-seventh rule set forth in section 7 of this chapter.
However, not more than six (6) years of military service credit may be
granted under this subsection.
(e) For purposes of this section, a member returns to active teaching
service on the earlier of:
(1) the date on which the member signs a teacher's contract; or
(2) the date on which the member is first employed in a position
covered by this article.
(f) For purposes of this section, a member returns to:
(1) a teacher training program; or
(2) baccalaureate or post-baccalaureate education;
on the date the member registers for or enrolls in classes that the
member attends.
(g) The board shall extend the twenty-four (24) month deadline
contained in subsection (b)(2), (c)(2), or (d)(2) if the board determines
that an illness, an injury, or a disability related to the member's military
service prevented the member from returning to active teaching service
or to a teacher education program not later than twenty-four (24)
months after the member's discharge from military service. However,
the board may not extend the deadline beyond forty-eight (48) months
after the member's discharge.
(h) If a member retires and the board subsequently determines that
the member is entitled to additional service credit due to the extension
of a deadline under subsection (g), the board shall recompute the
member's benefit. However, the additional service credit may be used
only in the computation of benefits to be paid after the date of the
board's determination, and the member is not entitled to a
recomputation of benefits received before the date of the board's
determination.
(i) Notwithstanding any provision of this section, a member is
entitled to military service credit and benefits in the amount and to the
extent required by the federal Uniformed Services Employment and
Reemployment Rights Act (38 U.S.C. 4301 et seq.), including all later
amendments.
(j) Subject to this section, an active member may purchase and
claim not more than two (2) years of service credit for the member's
service on active duty in the armed services if the member meets the
following conditions:
(1) The member has at least one (1) year of credited service in the
fund.
(2) The member serves on active duty in the armed services of the
United States for at least six (6) months.
(3) The member receives a discharge from the armed services
under conditions other than conditions set forth in IC 10-17-12-7.5(2).
(4) Before the member retires, the member makes contributions
to the fund as follows:
(A) Contributions that are equal to the product of:
(i) the member's salary at the time the member actually makes
a contribution for the service credit;
(ii) a rate, determined by the actuary of the fund, that is based
on the age of the member at the time the member actually
makes a contribution for service credit and computed to result
in a contribution amount that approximates the actuarial
present value of the benefit attributable to the service credit
purchased; and
(iii) the number of years of service credit the member intends
to purchase.
(B) Contributions for any accrued interest, at a rate determined
by the actuary of the fund, for the period from the member's
initial membership in the fund to the date payment is made by
the member.
However, a member is entitled to purchase service credit under this
subsection only to the extent that service credit is not granted for that
time under another provision of this section. At least ten (10) years of
service in Indiana is required before a member may receive a benefit
based on service credits purchased under this section. A member who
terminates employment before satisfying the eligibility requirements
necessary to receive a monthly allowance or receives a monthly
allowance for the same service from another tax supported public
employee retirement plan other than under the federal Social Security
Act may withdraw the purchase amount plus accumulated interest after
submitting a properly completed application for a refund to the fund.
(k) The following apply to the purchase of service credit under
subsection (j):
(1) The board may allow a member to make periodic payments of
the contributions required for the purchase of the service credit.
The board shall determine the length of the period during which
the payments must be made.
(2) The board may deny an application for the purchase of service
credit if the purchase would exceed the limitations under Section
415 of the Internal Revenue Code.
(3) A member may not claim the service credit for purposes of
determining eligibility or computing benefits unless the member
has made all payments required for the purchase of the service
credit.
(l) This subsection applies to a member who retires after June 30,
2006. A member may not receive credit under this section for service
for which the member receives service credit under the terms of a
military or another governmental retirement plan.
[Pre-2006 Education Finance Recodification Citation:
21-6.1-4-6.1.]