Section 36-8-8-8.5 - Purchase of service credit in certain Indiana public retirement funds(a) This section applies to a fund member who, after June 30, 2010, completes service for which the 1977 fund gives credit.(b) As used in this section, "public retirement fund" refers to any of the following, either singly or collectively:(1) The public employees' retirement fund (IC 5-10.3).(2) The Indiana state teachers' retirement fund (IC 5-10.4).(3) The state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund (IC 5-10-5.5).(4) The state police pension trust (IC 10-12).(5) A sheriff's pension trust (IC 36-8-10-12).(c) Subject to this section, a fund member may purchase and claim service credit for the fund member's prior service in a position covered by a public retirement fund.(d) To purchase and claim the service credit described in subsection (c), a fund member must meet the following requirements:(1) The fund member has at least one (1) year of creditable service in the 1977 fund.(2) The fund member has not attained vested status in and is not an active member in the public retirement fund from which the fund member is purchasing service credit.(3) Before the fund member retires, the fund member makes contributions to the 1977 fund as follows: (A) Contributions that are equal to the product of the following:(i) The salary of a first class patrolman or firefighter at the time the fund member actually makes a contribution for the service credit.(ii) A rate, determined by the actuary for the 1977 fund, that is based on the age of the fund member at the time the fund member actually makes a contribution for the service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased.(iii) The number of years of service credit the fund member intends to purchase.(B) Contributions for any accrued interest, at a rate determined by the actuary for the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member.(e) At the request of the fund member purchasing service credit under this section, the amount a fund member is required to contribute under subsection (d)(3) may be reduced by a trustee to trustee transfer from the public retirement fund in which the fund member has an account that contains amounts attributable to member contributions (plus any credited earnings) to the 1977 fund. The fund member may direct the transfer of an amount only to the extent necessary to fund the service purchase under subsection (d)(3). The fund member shall complete any forms required by the public retirement fund from which the fund member is requesting a transfer or the 1977 fund before the transfer is made.(f) A fund member must have at least twenty (20) years of service in the 1977 fund before a fund member may receive a retirement benefit based on service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of the service credit purchased under this section.(g) A fund member who: (1) terminates employment before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or(2) receives a retirement benefit for the same service from another tax supported governmental retirement plan other than the federal Social Security Act; may withdraw the fund member's contributions made under this section plus accumulated interest after submitting a properly completed application for a refund to the 1977 fund.
(h) The following apply to the purchase of service credit under this section:(1) The system board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The system board shall determine the length of the period during which the payments may be made.(2) The system board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code.(3) A fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit.(i) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following:(1) A qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code.(2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.(3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state under Section 457(b) of the Internal Revenue Code.(4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code.(j) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following: (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.(2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.(k) The fund member's employer may pay all or a part of the fund member's contributions required for the purchase of service credit under this section. In that event, the actuary shall determine the amortization, and subsections (g), (h)(1), (h)(3), and (i) do not apply.Amended by P.L. 8-2015, SEC. 12, eff. 7/1/2015.Amended by P.L. 35-2012, SEC. 123, eff. 7/1/2012.As added by P.L. 70-2010, SEC.1.