Indiana Code
Chapter 12. Public Employees' Defined Contribution Plan
5-10.3-12-1. Applicability of Chapter

Sec. 1. (a) Except as otherwise provided in this section, this chapter applies to the following:
(1) An individual who:
(A) on or after the effective date of the plan, becomes for the first time a full-time employee of the state:
(i) in a position that would otherwise be eligible for membership in the fund under IC 5-10.3-7; and
(ii) who is paid by the auditor of state by salary warrants; and
(B) makes the election described in section 20 of this chapter to become a member of the plan.
(2) An individual:
(A) who becomes a full-time employee of a participating political subdivision in a covered position after an ordinance or resolution described in clause (C) that is adopted by the political subdivision has been approved by the board;
(B) who would otherwise be eligible for membership in the fund under IC 5-10.3-7; and
(C) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board to require an employee in the covered position to become a member of the plan.
(3) An individual:
(A) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in clause (C) that is adopted by the political subdivision has been approved by the board;
(B) who would otherwise be eligible for membership in the fund under IC 5-10.3-7;
(C) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board:
(i) to allow an employee in the covered position to become a member of the fund or a member of the plan at the discretion of the employee; and
(ii) to require an employee in a covered position to make an election under section 20.5 of this chapter in order to become a member of the plan; and
(D) who makes an election under section 20.5 of this chapter to become a member of the plan.
(4) An individual:
(A) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in clause (C) that is adopted by the political subdivision has been approved by the board;
(B) who would otherwise be eligible for membership in the fund under IC 5-10.3-7;
(C) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board:
(i) to allow an employee in the covered position to become a member of the fund or a member of the plan at the discretion of the employee; and
(ii) to require an employee to make an election under IC 5-10.3-7-1.1 in order to become a member of the fund; and
(D) who does not make an election under IC 5-10.3-7-1.1 to become a member of the fund.
(5) An individual who makes an election described in section 20.3 of this chapter.
(6) An individual:
(A) who is a retired member (as defined in IC 5-10.3-1-5) of the fund;
(B) who is prohibited from making contributions to the fund under IC 5-10.2-4-8(e) during a period of reemployment that begins more than thirty (30) days after the member retired; and
(C) who, on or after the date:
(i) the state files a notice; or
(ii) a participating political subdivision files an adopted ordinance or resolution;
with the board in accordance with section 32 of this chapter, begins, or is engaged in, a period of reemployment with the state or a participating political subdivision as a full-time employee more than thirty (30) days after the individual's retirement in a position that would otherwise be covered by the fund.
(7) An individual who becomes a member of a volunteer fire department in a covered position after a political subdivision served by the volunteer fire department has elected in an ordinance or resolution adopted under IC 5-10.3-6-1.1 and approved by the board to require an individual in the covered position to become a member of the plan.
(b) Except as provided in subsection (c), this chapter does not apply to an individual who, on or after the effective date of the plan:
(1) becomes for the first time a full-time employee of the state in a position that would otherwise be eligible for membership in the fund under IC 5-10.3-7; and
(2) is employed by:
(A) a body corporate and politic of the state created by state statute; or
(B) a state educational institution (as defined in IC 21-7-13-32).
(c) The chief executive officer of a body or institution described in subsection (b) may elect, by submitting a written notice of the election to the director, to have this chapter apply to individuals who, as employees of the body or institution, become for the first time full-time employees of the state in positions that would otherwise be eligible for membership in the fund under IC 5-10.3-7. An election under this subsection is effective on the later of:
(1) the date the notice of the election is received by the director; or
(2) March 1, 2013.
As added by P.L.22-2011, SEC.2. Amended by P.L.54-2013, SEC.2; P.L.241-2015, SEC.24; P.L.193-2016, SEC.14; P.L.209-2016, SEC.3; P.L.96-2020, SEC.3.

Structure Indiana Code

Indiana Code

Title 5. State and Local Administration

Article 10.3. The Public Employees' Retirement Fund

Chapter 12. Public Employees' Defined Contribution Plan

5-10.3-12-1. Applicability of Chapter

5-10.3-12-2. "Account"

5-10.3-12-3. "Annuity Savings Account"

5-10.3-12-4. "Board"

5-10.3-12-5. "Compensation"

5-10.3-12-6. "Dies in the Line of Duty"

5-10.3-12-7. "Effective Date"

5-10.3-12-7.5. "Employees of the State"

5-10.3-12-8. "Employer"

5-10.3-12-9. "Employer Contribution Subaccount"

5-10.3-12-10. "Fund"

5-10.3-12-11. "Internal Revenue Code"

5-10.3-12-12. "Member"

5-10.3-12-13. "Member Contribution Account"

5-10.3-12-14. "Normal Retirement Age"

5-10.3-12-14.5. "Participating Political Subdivision"

5-10.3-12-15. "Plan"

5-10.3-12-15.5. "Volunteer Fire Department"

5-10.3-12-16. "Years of Participation"

5-10.3-12-17. Applicability of Other Laws

5-10.3-12-18. Establishment and Administration of Plan; Internal Revenue Service Approval

5-10.3-12-19. Authorization to Request Internal Revenue Service Rulings or Determination Letters

5-10.3-12-20. Plan Membership; Election; Fund Membership

5-10.3-12-20.3. Election During July 2016, by First Time State Employee Who Is Fund Member

5-10.3-12-20.5. Election by Employee of Political Subdivision to Become Plan Member; Failure to Make Election

5-10.3-12-21. Plan; Member Accounts; Rollover Accounts

5-10.3-12-22. Alternative Investment Programs; Stable Value Fund Program; Requirements and Rules; Administrative Fees

5-10.3-12-23. Member Required Contributions; Additional Contributions; Crediting; Employer Pick-Up and Payment

5-10.3-12-24. State Employer Contribution; Contribution Rate Determination; Minimum Rate; Amounts Credited; Electronic Submission of Contributions

5-10.3-12-24.5. Political Subdivision Employer Contribution; Contribution Rate Determination; Amounts Credited; Electronic Submission of Contributions

5-10.3-12-24.7. Political Subdivision Contributions; Members of a Volunteer Fire Department

5-10.3-12-25. Member Contributions Belong to Member; Vesting Schedule for Employer Contributions; Forfeiture of Amounts Not Vested

5-10.3-12-26. Member Accounts; Withdrawals; Forms of Payment

5-10.3-12-27. Member Accounts; Beneficiary or Survivor Withdrawals; Forms of Payment

5-10.3-12-28. Plan Exempt From Legal Process; Assignment of Payments

5-10.3-12-29. Rollover Contributions; Rollover Accounts

5-10.3-12-30. Member Accounts; Disability Withdrawals; Forms of Payment

5-10.3-12-31. Effect of Reemployment on Plan Participation

5-10.3-12-32. Election by State or Participating Political Subdivision to Allow Plan Participation by Retired Reemployed Fund Members