Sec. 6. (a) A participant who terminates service as a member of the general assembly is entitled to withdraw both the participant's employee contribution account and employer contribution account from the defined contribution fund. The withdrawal shall be made not later than the required beginning date under the Internal Revenue Code. The amount available for the withdrawal shall be the fair market value of the participant's accounts on the last day of the quarter preceding the date of withdrawal plus employee contributions deducted and employer contributions made since the last day of the quarter preceding the date of withdrawal.
(b) The withdrawal amount shall be paid in a lump sum, a partial lump sum, a monthly annuity as purchased by the board with the remaining amount, or a series of monthly installment payments over sixty (60), one hundred twenty (120), or one hundred eighty (180) months, as elected by the participant. The forms of annuity and installments shall be established by the board by rule, in consultation with the system's actuary. The board shall give participants information on these forms of payments and the effects of various dates of withdrawal.
(c) Subject to the Pension Protection Act of 2006 and notwithstanding any state law, after December 31, 2020, an active member who is at least fifty-nine and one-half (59 1/2) years of age may withdraw all or part of the amount in the member's account without separating from a covered position.
As added by P.L.6-1989, SEC.1. Amended by P.L.195-1999, SEC.4 and P.L.205-1999, SEC.5; P.L.13-2001, SEC.5; P.L.35-2012, SEC.10; P.L.51-2020, SEC.1.
Structure Indiana Code
Article 3.5. Legislative Retirement Benefits
Chapter 5. Legislators' Defined Contribution Plan
2-3.5-5-2. Defined Contribution Fund; Content
2-3.5-5-3. Alternative Investment Programs
2-3.5-5-3.5. Default Investment Option
2-3.5-5-4. Participant Contributions to the Fund
2-3.5-5-6. Termination of Service; Withdrawal From the Fund
2-3.5-5-7. Death of Participant; Designated Beneficiaries; Surviving Spouse; Dependent Children
2-3.5-5-8. Biennial Appropriation
2-3.5-5-9. Exemptions; Criminal Taking of State Property