Bill Text: IN HB1351 | 2013 | Regular Session | Introduced
Bill Title: Prosecuting attorney pensions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-28 - Representative McMillin added as coauthor [HB1351 Detail]
Download: Indiana-2013-HB1351-Introduced.html
Citations Affected: IC 33-39-7.
Synopsis: Prosecuting attorney pensions. Provides that a participant
in the prosecuting attorneys retirement fund (fund) with service at any
time after June 30, 2006, is entitled to a retirement benefit after eight
years of service, regardless of whether any part of that service occurs
before July 1, 2006. Provides that the board of trustees of the Indiana
public retirement system shall grant service credit to a participant who
withdrew from the fund for years of service accrued before the
withdrawal if the participant pays into the fund the full amount of the
money received when the participant withdrew.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Employment, Labor and
Pensions.
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A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(1) is serving on July 1, 2006; or
(2)
in a position described in section 8 of this chapter.
(1) a prosecuting attorney or chief deputy prosecuting attorney;
(2) any other deputy prosecuting attorney who is:
(A) appointed under IC 33-39-6-2; and
(B) paid by the state from the state general fund; or
(3) the executive director or the assistant executive director of the
prosecuting attorneys council of Indiana.
whether that date is before, on, or after January 1, 1990, and ending on
the date under consideration, including all intervening employment in
a position described in subdivisions (1) through (3). If an individual is
elected or appointed to a position described in subdivisions (1) through
(3) and serves one (1) or more terms or part of a term, then retires from
office or otherwise separates from service, but at a later period or
periods is appointed or elected and serves in a position described in
subdivisions (1) through (3), the individual shall pay into the fund
during all the periods that the individual serves in that position, except
as otherwise provided in this chapter, whether the periods are
connected or disconnected.
(b) A senior prosecuting attorney appointed under IC 33-39-1 is not
required to pay into the fund during any period of service as a senior
prosecuting attorney.
(1) ceases service in a position described in section 8 of this chapter, other than by death or disability; and
(2) is not eligible for a retirement benefit under this chapter;
is entitled to withdraw from the fund, beginning on the date specified by the participant in a written application. The date upon which the withdrawal begins may not be before the date of final termination of employment or the date thirty (30) days before the receipt of the application by the board. Upon withdrawal the participant is entitled to receive the total sum contributed plus interest at a rate specified by rule by the board, payable not later than sixty (60) days from the date of the withdrawal application.
(b) Notwithstanding section 8 of this chapter, a participant who withdraws from the fund under subsection (a) and becomes a participant again at a later date is not entitled to service credit for years of service before the withdrawal, unless the participant pays into the fund the full amount received by the participant when the participant withdrew from the fund. The board shall grant a participant service credit for years of service by the participant before the participant's withdrawal from the fund if the participant makes the repayment required by this subsection in a lump sum or a series of payments determined by the board, not exceeding five (5) annual installments.
