Sec. 1. (a) Except as provided in IC 5-10.2-4-8(e), each member's creditable service, for the purpose of computing benefits under this article, consists of all service in a position covered by a retirement fund plus all other service for which the retirement fund law gives credit.
(b) No member may be required to pay any contributions for service before the member is covered by this article as a condition precedent to receiving benefits under this article. However, the member must furnish to the board proof of the service in a position covered by the fund under which the member claims service.
(c) A member who has past service as an employee of the state or a participating political subdivision in a position which was not covered by the retirement fund is entitled to credit for this service if the position becomes covered before January 1, 1985, by the Indiana state teachers' retirement fund, the public employees' retirement fund, or the retirement fund for the state board of accounts and if the member submits to the board proof of the service in a position covered by the fund in which the member claims service.
(d) A member who has past service in a position that was not covered by the retirement fund is entitled to credit for this service if the position becomes covered after December 31, 1984, by a fund while the member holds that position or another position with the same employer and if the member submits to the board proof of the service in a position covered by the fund in which the member claims service.
(e) The proof required by this section must:
(1) be submitted in a form approved by the director;
(2) contain dates and nature of service and other information required by the director; and
(3) be certified by the governing body or its agent.
(f) A member who is a state employee is entitled to service credit for the time the member is receiving disability benefits under a disability plan established under IC 5-10-8-7.
(g) If a participant in the legislators' defined benefit plan does not become entitled to a benefit from that plan, the board shall include the participant's service in the general assembly in the determination of eligibility for, and computation of, benefits under PERF or TRF at the time the participant would be eligible to receive benefits under PERF or TRF. After benefits commence under PERF or TRF with the general assembly service included, the participant's general assembly service may not be used for the computation of benefits under IC 2-3.5-4.
(h) A member may receive service credit for all or a part of the member's creditable service in another governmental retirement plan under IC 5-10.3-7-4.5 and IC 5-10.4-4-4. A member may not receive credit for service for which the member receives service credit in another retirement plan maintained by a state, a political subdivision, or an instrumentality of the state for service that PERF or TRF would otherwise give credit.
(i) A member may use all or a part of the member's creditable service under PERF or TRF in another governmental retirement plan under the terms of the other plan. Creditable service used under the other governmental retirement plan may not be used in PERF or TRF.
As added by Acts 1977, P.L.53, SEC.2. Amended by P.L.28-1984, SEC.1; P.L.5-1990, SEC.5; P.L.43-1991, SEC.1; P.L.22-1998, SEC.3; P.L.2-2006, SEC.23; P.L.72-2007, SEC.2; P.L.1-2009, SEC.17; P.L.35-2012, SEC.39; P.L.195-2013, SEC.3.
Structure Indiana Code
Title 5. State and Local Administration
Article 10.2. Public Retirement and Disability Benefits
Chapter 3. Creditable Service; Contributions; Withdrawals; Death Settlements
5-10.2-3-1. Creditable Service
5-10.2-3-1.2. Additional Service Credit Purchase
5-10.2-3-2. Members' Contributions; Employers Picking Up
5-10.2-3-3. Deduction of Contributions
5-10.2-3-5. Suspension of Membership
5-10.2-3-6. Withdrawal of Contributions; Treatment of Suspended Member's Account
5-10.2-3-6.5. Withdrawal of Annuity Savings Account Before Retirement
5-10.2-3-7.5. Survivor Benefits; Forfeiture
5-10.2-3-7.6. Survivor Benefits of Member With 30 Years Creditable Service
5-10.2-3-8. Survivor Benefits; Death While Not in Service
5-10.2-3-9. Survivor Benefits; Death After July 1, 1991, While Eligible for Retirement Benefits