Ind. Code § 5-10.3-8-11

Current through P.L. 171-2024

Section 5-10.3-8-11 - Federal agricultural employees; federal and state portions of retirement or disability benefit; limitations

(a) The retirement or disability benefit (including the annuity) provided under this chapter at the date of retirement or disability to a member who:

(1) has been classified as a federal employee by the Secretary of Agriculture of the United States;

(2) was employed after July 1, 1955; and

(3) retires after December 31, 1978, and before July 1, 1987;

may not exceed at the date of retirement or disability, when added to his federal civil service benefit, seventy-four percent (74%) of the average of the annual compensation used in computing his benefit under this chapter. If the sum of his retirement or disability benefit and his federal civil service benefit does exceed seventy-four percent (74%), then the state pension portion of the benefit shall be reduced by the board so that the sum does not exceed that percent. In determination of the annual compensation under this section no more than two (2) tax supported retirement benefits shall be utilized. However, the annuity portion of the benefit may not be reduced by this subsection.

(b) The retirement or disability benefit (excluding the annuity) provided under this chapter at the date of retirement or disability to a member who:

(1) has been classified as a federal employee by the Secretary of Agriculture of the United States;

(2) was employed after July 1, 1955; and

(3) retires after June 30, 1987, and before July 1, 1995;

may not exceed at the date of retirement or disability, when added to the member's federal civil service benefit, eighty-five percent (85%) of the average of the annual compensation used in computing the member's benefit under this chapter. If the sum of the retirement or disability benefit (excluding the annuity) and the federal civil service benefit exceeds eighty-five percent (85%), the state pension portion of the benefit shall be reduced by the board so that the sum does not exceed that percent.

(c) The retirement or disability benefit (excluding the annuity) provided under this chapter at the date of retirement or disability to a member who:

(1) has been classified as a federal employee by the Secretary of Agriculture of the United States;

(2) was employed after July 1, 1955; and

(3) retires after June 30, 1995;

may not exceed at the date of retirement or disability, when added to the member's federal civil service benefit, one hundred percent (100%) of the average of the annual compensation used in computing the member's benefit under this chapter. If the sum of the retirement or disability benefit (excluding the annuity) and the federal civil service benefit exceeds one hundred percent (100%), the state pension portion of the benefit shall be reduced by the board so that the sum does not exceed that percent.

IC 5-10.3-8-11

As added by Acts1978 , P.L. 24, SEC.6. Amended by P.L. 61-1987, SEC.3; P.L. 10-1995, SEC.5.