§ 5-10.4-5-15 — Termination of benefits; grounds; limitations

Indiana § 5-10.4-5-15

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10.4: STATE TEACHERS' RETIREMENT FUND
• Ch. 5: Benefits

Text

(a) The board may stop a member's benefit
if the member does any of the following while receiving the benefit:
(1) Fails to report for a required examination, unless excused by
the board.
(2) Disobeys the requirements of the board regarding the
examination.
(3) Refuses to repay an overpayment of benefits.
(b) The board may stop a survivor's or beneficiary's benefit if the
survivor or beneficiary refuses to repay an overpayment of benefits
while receiving the benefit or overpayment of benefits made to the
member.
(c) The board also may stop a member's, survivor's, or beneficiary's
benefit if the board has reasonable cause to believe that:
(1) the member, survivor, or beneficiary has died; or
(2) in the case of a member receiving disability benefits under IC 5-10.2-4-6 or classroom disability benefits under section 1 of this
chapter, the member no longer has a disability.
(d) Except as provided in subsection (e), if an overpayment under
this section occurs, the board may not require a member, survivor, or
beneficiary to pay more than twenty-five percent (25%) of their
monthly benefit toward the overpayment.
(e) If the overpayment described in subsection (a):
(1) began before July 1, 2015; and
(2) was caused by no fault of the member, survivor, or
beneficiary;
the board may only require a member, survivor, or beneficiary to pay
the amount of the overpayment of benefits received during the six (6)
years before the date that the Indiana public retirement system
discovers the overpayment and attempts to notify the member, survivor,
or beneficiary of the overpayment. If an overpayment subject to this
subsection occurs, the board may not require a member, survivor, or
beneficiary to pay more than ten percent (10%) of their monthly benefit
toward the overpayment. The board may not use any method to collect
an overpayment of benefits under this subsection other than those
specified in this section.
[Pre-2006 Education Finance Recodification Citation:
21-6.1-5-18.]

Legislative History

As added by P.L.2-2006, SEC.28. Amended by P.L.99-2007, SEC.18; P.L.92-2021, SEC.11.