Indiana Code
Chapter 3. Legislators' Retirement System
2-3.5-3-1. Application of Chapter; Election

Sec. 1. (a) This chapter applies to:
(1) each member of the general assembly who is serving on April 30, 1989, and who files an election under subsection (b); and
(2) each member of the general assembly who is elected or appointed after April 30, 1989.
(b) A member of the general assembly who is serving on April 30, 1989, may elect to have the member's years of service in the general assembly covered by this chapter, IC 2-3.5-4, and IC 2-3.5-5 instead of IC 5-10.2, IC 5-10.3, and IC 5-10.4. An election under this subsection:
(1) must be made in writing;
(2) must be filed with the PERF board (as it existed before its dissolution on July 1, 2011) on a form prescribed by the board;
(3) must be made before January 1, 1990; and
(4) is irrevocable.
(c) Notwithstanding subsection (b), if a member of the general assembly files an election under subsection (b), the board shall include all of the member's years of service in the general assembly in the determination of eligibility for benefits under PERF or TRF. However, except as provided by IC 2-3.5-1-2(b), the board shall not include in the computation of benefits from PERF or TRF the member's:
(1) salary as a member of the general assembly received after April 30, 1989; or
(2) years of service as a member of the general assembly after April 30, 1989.
As added by P.L.6-1989, SEC.1. Amended by P.L.4-1990, SEC.1; P.L.2-2006, SEC.3; P.L.35-2012, SEC.4.

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