January 12, 2010



SENATE BILL No. 98

_____


DIGEST OF SB 98 (Updated January 6, 2010 10:13 am - DI 102)



Citations Affected: IC 2-3.5; IC 33-38; IC 33-39; IC 36-8.

Synopsis: Pension fund administered by PERF. Eliminates references to the treasurer of state's duties concerning the following pension funds administered by the public employees' retirement fund (PERF): (1) legislators' retirement system; (2) judges' retirement system; (3) prosecuting attorneys retirement fund; and (4) 1977 police officers' and firefighters' retirement and disability fund. (In 2009 the treasurer of state's role as treasurer of PERF was eliminated and those duties were assigned to the PERF board and executive director.)

Effective: July 1, 2010.



Boots


    January 5, 2010, read first time and referred to Committee on Pensions and Labor.
    January 11, 2010, reported favorably _ Do Pass.



January 12, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 98


    A BILL FOR AN ACT to amend the Indiana Code concerning pensions.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 2-3.5-3-4; (10)SB0098.1.1. -->     SECTION 1. IC 2-3.5-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) The PERF board shall administer the system, which may be commingled with the PERF fund for investment purposes.
    (b) The PERF board shall:
        (1) determine eligibility for and make payments of benefits under this chapter, IC 2-3.5-4, and IC 2-3.5-5;
        (2) in accordance with the powers and duties granted in IC 5-10.3-3-7, IC 5-10.3-3-7.1, IC 5-10.3-3-8, and IC 5-10.3-5-3 through IC 5-10.3-5-6, administer the system; and
        (3) provide by rule for the implementation of this chapter, IC 2-3.5-4, and IC 2-3.5-5; and
         (4) authorize deposits.
    (c) A determination by the PERF board may be appealed under IC 4-21.5.
    (d) The powers and duties of:
        (1) the director and the actuary of the PERF board;
        (2) the treasurer of state;
        (3) (2) the attorney general; and
        (4) (3) the auditor of state;
with respect to the fund are those specified in IC 5-10.3-3 and IC 5-10.3-4.
    (e) The PERF board may hire additional personnel, including hearing officers, to assist in the implementation of this chapter.
    (f) Legislators' retirement system records of individual participants and participants' information are confidential, except for the name and years of service of a retirement system participant.
SOURCE: IC 33-38-6-23; (10)SB0098.1.2. -->     SECTION 2. IC 33-38-6-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 23. (a) The board of trustees of the public employees' retirement fund shall administer the fund, which may be commingled with the public employees' retirement fund for investment purposes.
    (b) The board shall do the following:
        (1) Determine eligibility for and make payments of benefits under IC 33-38-7 and IC 33-38-8.
        (2) In accordance with the powers and duties granted it in IC 5-10.3-3-7, IC 5-10.3-3-7.1, IC 5-10.3-3-8, and IC 5-10.3-5-3 through IC 5-10.3-5-6, administer the fund.
        (3) Provide by rule for the implementation of this chapter and IC 33-38-7 and IC 33-38-8.
         (4) Authorize deposits.
    (c) A determination by the board may be appealed under the procedures in IC 4-21.5.
    (d) The powers and duties of:
        (1) the director and the actuary of the board;
        (2) the treasurer of state;
        (3) (2) the attorney general; and
        (4) (3) the auditor of state;
with respect to the fund are those specified in IC 5-10.3-3 and IC 5-10.3-4.
    (e) The board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter.
    (f) Fund records of individual participants and participants' information are confidential, except for the name and years of service of a fund participant.
SOURCE: IC 33-39-7-11; (10)SB0098.1.3. -->     SECTION 3. IC 33-39-7-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) The board shall administer the fund, which may be commingled with the public employees' retirement fund for investment purposes.
    (b) The board shall do the following:
        (1) Determine eligibility for and make payments of benefits under this chapter.
        (2) In accordance with the powers and duties granted the board in IC 5-10.3-3-7, IC 5-10.3-3-7.1, IC 5-10.3-3-8, and IC 5-10.3-5-3 through IC 5-10.3-5-6, administer the fund.
        (3) Provide by rule for the implementation of this chapter.
         (4) Authorize deposits.
    (c) A determination by the board may be appealed under IC 4-21.5.
    (d) The powers and duties of:
        (1) the director and the actuary of the board;
        (2) the treasurer of state;
        (3) (2) the attorney general; and
        (4) (3) the auditor of state;
with respect to the fund are those specified in IC 5-10.3-3 and IC 5-10.3-4.
    (e) The board may hire additional personnel, including hearing officers, to assist in the implementation of this chapter.
    (f) Fund records of individual participants and participants' information are confidential, except for the name and years of service of a fund participant.
SOURCE: IC 36-8-8-5; (10)SB0098.1.4. -->     SECTION 4. IC 36-8-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) The PERF board shall:
        (1) determine eligibility for and make payments of benefits, except as provided in section 12 of this chapter;
        (2) in accordance with the powers and duties granted it in IC 5-10.3-3-7, IC 5-10.3-3-8, and IC 5-10.3-5-3 through IC 5-10.3-5-6, administer the 1977 fund; and
        (3) provide by rule for the implementation of this chapter; and
         (4) authorize deposits.
    (b) A determination by the PERF board may be appealed under the procedures in IC 4-21.5.
    (c) The powers and duties of the director and the actuary of the PERF board, the treasurer of state, the attorney general, and the auditor of state, with respect to the 1977 fund, are those specified in IC 5-10.3-3 and IC 5-10.3-4.
    (d) The PERF board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter.
    (e) The 1977 fund records of individual members and membership information are confidential, except for the name and years of service of a 1977 fund member.