Section 5-10.2-2-3 - Annuity savings account; guaranteed program; stable value fund program; alternative investment programs(a) The annuity savings account consists of:(1) the members' contributions; and(2) the interest credits on these contributions in the guaranteed fund (before January 1, 2017), the gain or loss in the balance of the member's account in the stable value fund (after December 31, 2016), or the gain or loss in market value on these contributions in the alternative investment program, as specified in section 4 of this chapter (before its expiration). Each member shall be credited individually with the amount of the member's contributions and interest credits.
(b) The board shall maintain the investment program in effect on December 31, 1995, (referred to in this chapter as the guaranteed program) within the annuity savings account until January 1, 2017. In addition, the board shall establish and maintain a guaranteed program within the 1996 account until January 1, 2017. After December 31, 2016, the board shall establish an investment fund (referred to in this chapter as the stable value fund) that has preservation of capital as the primary investment objective. The board may establish investment guidelines and limits on all types of investments (including, but not limited to, stocks and bonds) and take other actions necessary to fulfill its duty as a fiduciary of the annuity savings account, subject to the limitations and restrictions set forth in IC 5-10.3-5-3, IC 5-10.4-3-10, and IC 5-10.5-5.(c) The board shall establish alternative investment programs within the annuity savings account of the public employees' retirement fund, the pre-1996 account, and the 1996 account, based on the following requirements: (1) The board shall maintain at least one (1) alternative investment program that is an indexed stock fund and one (1) alternative investment program that is a bond fund. The board may maintain one (1) or more alternative investment programs that: (A) invest in one (1) or more commingled or pooled funds that consist in part or entirely of mortgages that qualify as five star mortgages under the program established by IC 24-5-23.6; or(B) otherwise invest in mortgages that qualify as five star mortgages under the program established by IC 24-5-23.6.(2) The programs should represent a variety of investment objectives under IC 5-10.3-5-3.(3) No program may permit a member to withdraw money from the member's account except as provided in IC 5-10.2-3 and IC 5-10.2-4.(4) All administrative costs of each alternative program shall be paid from the earnings on that program or as may be determined by the rules of the board.(5) Except as provided in section 4(e) of this chapter (before its expiration), a valuation of each member's account must be completed as of:(A) the last day of each quarter; or(B) another time as the board may specify by rule.(d) The board must prepare, at least annually, an analysis of the guaranteed program (before January 1, 2017), the stable value fund (after December 31, 2016), and each alternative investment program. This analysis must: (1) include a description of the procedure for selecting an alternative investment program;(2) be understandable by the majority of members; and(3) include a description of prior investment performance.(e) A member may direct the allocation of the amount credited to the member among the guaranteed fund (before January 1, 2017), the stable value fund (after December 31, 2016), and any available alternative investment funds, subject to the following conditions: (1) A member may make a selection or change an existing selection under rules established by the board. The board shall allow a member to make a selection or change any existing selection at least once each quarter.(2) The board shall implement the member's selection beginning on the first day of the next calendar quarter that begins at least thirty (30) days after the selection is received by the board or on an alternate date established by the rules of the board. This date is the effective date of the member's selection.(3) A member may select any combination of the guaranteed fund (before January 1, 2017), the stable value fund (after December 31, 2016), or any available alternative investment funds, in ten percent (10%) increments or smaller increments that may be established by the rules of the board.(4) A member's selection remains in effect until a new selection is made.(5) On the effective date of a member's selection, the board shall reallocate the member's existing balance or balances in accordance with the member's direction, based on: (A) for an alternative investment program balance, the market value on the effective date;(B) for any guaranteed program balance, the account balance on the effective date; and(C) for any stable value fund program balance, the balance of the member's account on the effective date. All contributions to the member's account shall be allocated as of the last day of that quarter or at an alternate time established by the rules of the board in accordance with the member's most recent effective direction. The board shall not reallocate the member's account at any other time.
(6) The provisions concerning the transition from the guaranteed program to the stable value fund program are met, as set forth in section 24 of this chapter.(f) When a member who participates in an alternative investment program transfers the amount credited to the member from one (1) alternative investment program to another alternative investment program, to the guaranteed program (before January 1, 2017), or to the stable value fund program (after December 31, 2016), the amount credited to the member shall be valued at the market value of the member's investment, as of the day before the effective date of the member's selection or at an alternate time established by the rules of the board. When a member who participates in an alternative investment program retires, becomes disabled, dies, or suspends membership and withdraws from the fund, the amount credited to the member shall be the market value of the member's investment as of the last day of the quarter preceding the member's distribution or annuitization at retirement, disability, death, or suspension and withdrawal, plus contributions received after that date or at an alternate time established by the rules of the board.(g) This subsection applies before January 1, 2017. When a member who participates in the guaranteed program transfers the amount credited to the member to an alternative investment program, the amount credited to the member in the guaranteed program is computed without regard to market value and is based on the balance of the member's account in the guaranteed program as of the last day of the quarter preceding the effective date of the transfer. However, the board may by rule provide for an alternate valuation date. When a member who participates in the guaranteed program retires, becomes disabled, dies, or suspends membership and withdraws from the fund, the amount credited to the member shall be computed without regard to market value and is based on the balance of the member's account in the guaranteed program as of the last day of the quarter preceding the member's distribution or annuitization at retirement, disability, death, or suspension and withdrawal, plus any contributions received since that date plus interest since that date. However, the board may by rule provide for an alternate valuation date.(h) This subsection applies after December 31, 2016. When a member who participates in the stable value fund program transfers the amount credited to the member from the stable value fund program to an alternative investment program, the amount credited to the member shall be the balance of the member's account, as of the day before the effective date of the member's selection or at an alternate time established by the rules of the board. When a member who participates in the stable value fund program retires, becomes disabled, dies, or suspends membership and withdraws from the fund, the amount credited to the member shall be the balance of the member's account as of the last day of the quarter preceding the member's distribution or annuitization at retirement, disability, death, or suspension and withdrawal, plus contributions received after that date or at an alternate time established by the rules of the board.Amended by P.L. 212-2018SP1,SEC. 12, eff. 7/1/2018.Amended by P.L. 86-2018,SEC. 14, eff. 3/15/2018.Amended by P.L. 217-2017,SEC. 54, eff. 7/1/2017.Amended by P.L. 193-2016, SEC. 3, eff. 7/1/2016.Amended by P.L. 35-2012, SEC. 32, eff. 7/1/2012.As added by Acts1977 , P.L. 53, SEC.2. Amended by P.L. 35-1985, SEC.4; P.L. 40-1986, SEC.1; P.L. 58-1987, SEC.1; P.L. 55-1989, SEC.9; P.L. 54-1993, SEC.6; P.L. 43-1997, SEC.2; P.L. 195-1999, SEC.9; P.L. 285-2001, SEC.1; P.L. 62-2005, SEC.1; P.L. 2-2006, SEC.21; P.L. 165-2009, SEC.2; P.L. 1-2010, SEC.17; P.L. 115-2010, SEC.3.