First Regular Session 118th General Assembly (2013)
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SENATE ENROLLED ACT No. 499
AN ACT to amend the Indiana Code concerning pensions.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-10.3-8-14; (13)SE0499.1.1. -->
SECTION 1. IC 5-10.3-8-14, AS AMENDED BY P.L.35-2012,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. (a) Except as provided in subsection (c), this
section applies to employees of the state (as defined in
IC 5-10.3-7-1(d)) who are:
(1) members of the fund; and
(2) paid by the auditor of state by salary warrants.
(b) Except as provided in subsection (c), this section does not
apply to the employees of the state (as defined in IC 5-10.3-7-1(d))
employed by:
(1) a body corporate and politic of the state created by state
statute; or
(2) 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 to have this section apply to the
employees of the state (as defined in IC 5-10.3-7-1(d)) employed by
the body or institution by submitting a written notice of the
election to the director. 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) July 1, 2013.
(b) (d) The board shall adopt provisions to establish a retirement
medical benefits account within the fund under Section 401(h) or as a
separate fund under another applicable section of the Internal Revenue
Code for the purpose of converting unused excess accrued leave to a
monetary contribution for an employee of the state to fund on a pretax
basis benefits for sickness, accident, hospitalization, and medical
expenses for the employee and the spouse and dependents of the
employee after the employee's retirement. The state may match all or
a portion of an employee's contributions to the retirement medical
benefits account established under this section.
(c) (e) The board is the trustee of the account described in
subsection (b). (d). The account must be qualified, as determined by
the Internal Revenue Service, as a separate account within the fund
whose benefits are subordinate to the retirement benefits provided by
the fund.
(d) (f) The board may adopt rules under IC 5-10.5-4-2 that it
considers appropriate or necessary to implement this section after
consulting with the state personnel department. The rules adopted by
the board under this section must:
(1) be consistent with the federal and state law that applies to:
(A) the account described in subsection (b); (d); and
(B) the fund; and
(2) include provisions concerning:
(A) the type and amount of leave that may be converted to a
monetary contribution;
(B) the conversion formula for valuing any leave that is
converted;
(C) the manner of employee selection of leave conversion; and
(D) the vesting schedule for any leave that is converted.
(e) (g) The board may adopt the following:
(1) Account provisions governing:
(A) the investment of amounts in the account; and
(B) the accounting for converted leave.
(2) Any other provisions that are necessary or appropriate for
operation of the account.
(f) (h) The account described in subsection (b) (d) may be
implemented only if the board has received from the Internal Revenue
Service any rulings or determination letters that the board considers
necessary or appropriate.
(g) (i) To the extent allowed by:
(1) the Internal Revenue Code; and
(2) rules adopted by:
(A) the board under this section; and
(B) the state personnel department under IC 5-10-1.1-7.5;
employees of the state may convert unused excess accrued leave to a
monetary contribution under this section and under IC 5-10-1.1-7.5.
(h) (j) To the extent allowed by the Internal Revenue Code, the
account described in subsection (b) (d) must include provisions that:
(1) require an employee of the state to convert to a monetary
contribution to the account at retirement the balance, but not more
than thirty (30) days, of unused vacation leave for which the state
would otherwise pay an employee in good standing at separation
from service (as determined by state personnel department rule);
and
(2) allow the state to contribute to the account on the employee's
behalf an amount not to exceed two (2) times the amount of the
employee's contribution under subdivision (1).
SOURCE: IC 5-10.3-12-1; (13)SE0499.1.2. -->
SECTION 2. IC 5-10.3-12-1, AS ADDED BY P.L.22-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a)
Except as provided in subsection (c),
this chapter applies 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 (as
defined in IC 5-10.3-7-1(d)):
(A) in a position that would otherwise be eligible for
membership in the fund under IC 5-10.3-7; and
(B) who is paid by the auditor of state by salary warrants;
and
(2) makes the election described in section 20 of this chapter 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
(as defined in IC 5-10.3-7-1(d)) 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 (as defined in
IC 5-10.3-7-1(d)) 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.
(b) (d) This chapter does not apply to an individual who:
(1) before the effective date of the plan, is or was a member (as
defined in IC 5-10.3-1-5) of the fund; or
(2) on or after the effective date of the plan:
(A) except as provided in subsection (c), becomes for the
first time a full-time employee of the state (as defined in
IC 5-10.3-7-1(d)):
(i) in a position that would otherwise be eligible for
membership in the fund under IC 5-10.3-7; and
(ii) who is not paid by the auditor of state by salary
warrants; or
(B) does not elect to participate in the plan.
SOURCE: IC 33-39-7-13; (13)SE0499.1.3. -->
SECTION 3. IC 33-39-7-13, AS AMENDED BY P.L.16-2011,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13. (a) A participant who:
(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, plus interest at a rate
specified by rule by the board. 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.
SOURCE: IC 33-39-7-16; (13)SE0499.1.4. -->
SECTION 4. IC 33-39-7-16, AS AMENDED BY P.L.16-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 16. (a) This section does not apply to a participant
who meets the requirements for disability benefits under section 17 of
this chapter.
(b) Except as provided in subsections (c), and (d), and (e), the
amount of the annual retirement benefit to which a participant who
applies for a retirement benefit and who is at least sixty-five (65) years
of age is entitled equals the product of:
(1) the highest annual salary that was paid to the participant
before separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
Percentage
of Service
Less than 8
0
8 24%
9 27%
10 30%
11 33%
12 50%
13 51%
14 52%
15 53%
16 54%
17 55%
18 56%
19 57%
20 58%
21 59%
22 or more 60%
(c) If a participant who applies for a retirement benefit is not at least
sixty-five (65) years of age, the participant is entitled to receive a
reduced annual retirement benefit that equals the benefit that would be
payable if the participant were sixty-five (65) years of age reduced by
one-fourth percent (0.25%) for each month that the participant's age at
retirement precedes the participant's sixty-fifth birthday.
(d) Except as provided in subsection (e), benefits payable to a
participant under this section are reduced by the pension, if any, that
would be payable to the participant from the public employees'
retirement fund if the participant had retired from the public employees'
retirement fund on the date of the participant's retirement from the
prosecuting attorneys retirement fund. Benefits payable to a participant
under this section are not reduced by annuity payments made to the
participant from the public employees' retirement fund.
(e) This subsection applies to a participant who is a member of
the public employees' defined contribution (annuity savings
account only) plan established by IC 5-10.3-12-18. Benefits payable
to a participant under this section are reduced by the pension
portion of the retirement benefit, if any, that would be payable to
the participant from the public employees' retirement fund if the
participant:
(1) had not made an election under IC 5-10.3-12-20 to become
a member of the public employees' defined contribution
(annuity savings account only) plan; and
(2) had retired from the public employees' retirement fund on
the date of the participant's retirement from the prosecuting
attorneys retirement fund.
(e) (f) If benefits payable from the public employees' retirement
fund exceed the benefits payable from the prosecuting attorneys
retirement fund, the participant is entitled at retirement to withdraw
from the prosecuting attorneys retirement fund the total sum
contributed plus interest at a rate specified by rule by the board.
SOURCE: IC 33-39-7-18; (13)SE0499.1.5. -->
SECTION 5. IC 33-39-7-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18. (a) Except as
provided in subsection subsections (b) and (c), the amount of the
annual benefit payable to a participant who meets the requirements for
disability benefits under section 17 of this chapter is equal to the
product of:
(1) the annual salary that was paid to the participant at the time of
separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
Percentage
of Service
Less than 5
0
5-10
40%
11
41%
12
42%
13
43%
14
44%
15
45%
16
46%
17
47%
18
48%
19
49%
20 or more
50%
(b) Except as provided in subsection (c), benefits payable to a
participant under this section are reduced by the amounts, if any, that
are payable to the participant from the public employees' retirement
fund.
(c) This subsection applies to a participant who is a member of
the public employees' defined contribution (annuity savings
account only) plan established by IC 5-10.3-12-18. Benefits payable
to a participant under this section are reduced by the pension
portion of the retirement benefit, if any, that would be payable to
the participant from the public employees' retirement fund if the
participant had not made an election under IC 5-10.3-12-20 to
become a member of the public employees' defined contribution
(annuity savings account only) plan.
SOURCE: IC 33-39-7-19; (13)SE0499.1.6. -->
SECTION 6. IC 33-39-7-19, AS AMENDED BY P.L.33-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 19. (a) The surviving spouse of a participant who:
(1) dies; and
(2) on the date of death:
(A) was receiving benefits under this chapter;
(B) had completed at least eight (8) years of service in a
position described in section 8 of this chapter; or
(C) met the requirements for disability benefits under section
17 of this chapter;
is entitled, regardless of the participant's age, to the benefit prescribed
by subsection (b),
(c), or (d).
(b) The surviving spouse is entitled to a benefit for life equal to the
greater of:
(1) seven thousand dollars ($7,000); or
(2) fifty percent (50%) of the amount of retirement benefit the
participant was drawing at the time of death, or to which the
participant would have been entitled had the participant retired
and begun receiving retirement benefits on the date of death, with
reductions as necessary under section 16(c) of this chapter.
(c)
Except as provided in subsection (d), benefits payable to a
surviving spouse under this section are reduced by the
amounts,
amount, if any, that are is payable to the surviving spouse from the
public employees' retirement fund as a result of the participant's death
after subtracting the participant's contributions and earnings
attributable to the participant's contributions in the participant's
annuity savings account.
(d) This subsection applies to a surviving spouse of a participant
who is a member of the public employees' defined contribution
(annuity savings account only) plan established by IC 5-10.3-12-18.
Benefits payable to a surviving spouse of a participant under this
section are reduced by the pension portion of the retirement
benefit, if any, that would be payable to the spouse from the public
employees' retirement fund under the joint and survivor option
under IC 5-10.2-4-7, computed at fifty percent (50%) of the
participant's decreased retirement benefit, if the participant had
not made an election under IC 5-10.3-12-20 to become a member
of the public employees' defined contribution (annuity savings
account only) plan.
SOURCE: IC 33-39-7-20; (13)SE0499.1.7. -->
SECTION 7. IC 33-39-7-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 20. (a) If a participant's
spouse does not survive the participant, the dependent child of a
participant is, upon the death of the participant, entitled to a benefit
equal to the benefit the participant's spouse would have received under
section 19 of this chapter.
(b) If a surviving spouse of a decedent participant dies and a
dependent child of the surviving spouse and the decedent participant
survives them, that dependent child is entitled to receive a benefit equal
to the benefit the spouse was receiving or would have received under
section 19 of this chapter.
(c) If there is more than one (1) dependent child, the dependent
children are entitled to share the benefit equally.
(d) Each dependent child is entitled to receive that child's share until
the child becomes eighteen (18) years of age or during the entire period
of the child's physical or mental disability, whichever period is longer.
(e)
Except as provided in subsection (f), benefits payable to a
dependent child are reduced by the
amounts, amount, if any, that
are
is payable to the dependent child from the public employees' retirement
fund
after subtracting the participant's contributions and earnings
attributable to the participant's contributions in the participant's
annuity savings account.
(f) This subsection applies to a dependent child of a participant
who is a member of the public employees' defined contribution
(annuity savings account only) plan established by IC 5-10.3-12-18.
Benefits payable to a dependent child of a participant under this
section are reduced by the actuarial equivalent of the pension
portion of the retirement benefit, if any, that would be payable to
the spouse (assuming the spouse would have had the same birth
date as the participant) from the public employees' retirement fund
under the joint and survivor option under IC 5-10.2-4-7, computed
at fifty percent (50%) of the participant's decreased retirement
benefit, if the participant had not made an election under
IC 5-10.3-12-20 to become a member of the public employees'
defined contribution (annuity savings account only) plan.
SOURCE: ; (13)SE0499.1.8. -->
SECTION 8.
An emergency is declared for this act.
SEA 499
Figure
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