Sec. 27. (a) If a member dies:
(1) while in service in a position covered by the plan but not in the line of duty; or
(2) after terminating service in a position covered by the plan but before withdrawing the member's account;
to the extent that the member is vested, the member's account shall be paid to the beneficiary or beneficiaries designated by the member on a form prescribed by the board. The amount paid shall be valued as provided in IC 5-10.2-2-3 and IC 5-10.2-2-4 (expired). The board shall invest the total amount in the member's account in the stable value fund not later than thirty (30) days after receiving notification of a member's death.
(b) If there is no properly designated beneficiary, or if no beneficiary survives the member, the member's account shall be paid to:
(1) the surviving spouse of the member;
(2) if there is not a surviving spouse, the surviving dependent or dependents of the member in equal shares; or
(3) if there is not a surviving spouse or dependent, the member's estate.
(c) The beneficiary or beneficiaries designated under subsection (a) or a survivor determined under subsection (b) may elect to have the member's account paid as:
(1) a lump sum;
(2) a direct rollover to another eligible retirement plan; or
(3) a monthly annuity in accordance with rules of the board.
A monthly annuity is an option only on or after the beneficiary or survivor attains sixty-two (62) years of age. The board shall establish the forms of annuity by rule, in consultation with the board's actuary. Further, the board may establish a minimum account balance or a minimum monthly payment amount that is required in order for a beneficiary or survivor to select the monthly annuity option.
(d) If a member dies in the line of duty while in service in a covered position, the designated beneficiary or beneficiaries or the surviving spouse or dependents, as applicable, are entitled to payment of the member's account as provided in this section. In addition, if the member was not fully vested in the employer contribution subaccount, the account is deemed to be fully vested for purposes of withdrawal under this section.
As added by P.L.22-2011, SEC.2. Amended by P.L.86-2018, SEC.18.
Structure 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
5-10.3-12-3. "Annuity Savings Account"
5-10.3-12-6. "Dies in the Line of Duty"
5-10.3-12-7.5. "Employees of the State"
5-10.3-12-9. "Employer Contribution Subaccount"
5-10.3-12-11. "Internal Revenue Code"
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"
5-10.3-12-15.5. "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
5-10.3-12-21. Plan; Member Accounts; Rollover Accounts
5-10.3-12-24.7. Political Subdivision Contributions; Members of a Volunteer Fire Department
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