Introduced Version
HOUSE BILL No. 1470
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 5-10.3-7-5
;
IC 21-6.1-4-6.1.
Synopsis: PERF and TRF military service credit. Provides that
members of the public employees' retirement fund (PERF) or the
Indiana state teachers' retirement fund (TRF) who serve on active duty
in the armed services of the United States for at least six months are
entitled to service credit for the time served on active duty, to the
extent that service credit is not granted for that time under existing
PERF or TRF provisions concerning military service credit. Provides
that the maximum amount of service credit that may be granted under
this provision is two years. Requires a member to have at least 10 years
of creditable service in PERF or TRF before the member may claim the
military service credit.
Effective: July 1, 2001.
GiaQuinta
January 11, 2001, read first time and referred to Committee on Ways and Means.
Introduced
First Regular Session 112th General Assembly (2001)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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HOUSE BILL No. 1470
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 5-10.3-7-5; (01)IN1470.1.1. -->
SECTION 1.
IC 5-10.3-7-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A member who:
(1) enters the United States armed services;
(2) leaves his contributions in the fund;
(3) except as provided in subsection (c), resumes service with his
employer within one hundred twenty (120) days after his
unconditional discharge; and
(4) would be entitled to service credit for military service under
the Uniformed Services Employment and Reemployment Rights
Act (38 U.S.C. 4301 et seq.) if the member had resumed service
with the member's employer within ninety (90) days after
discharge;
is entitled to service credit for the armed service.
(b) A state employee who left employment before January 1, 1946,
or an employee of a political subdivision who left employment before
the participation date, to enter the United States armed services is
entitled to service credit for the armed service if he:
(1) except as provided in subsection (c), resumes service with the
employer within one hundred twenty (120) days after his
unconditional discharge; and
(2) would be entitled to service credit for military service under
the applicable requirements of federal law in effect at the time of
reemployment if the employee had resumed service with the
employee's employer within ninety (90) days after discharge.
(c) The board shall extend the one hundred twenty (120) day
reemployment requirement contained in subsection (a)(3) or (b)(1) if
the board determines that an illness, an injury, or a disability related to
the member's military service prevented the member from resuming
employment within one hundred twenty (120) days after the member's
discharge from military service. However, the board may not extend the
deadline beyond thirty (30) months after the member's discharge.
(d) If a member retires and the board subsequently determines that
the member is entitled to additional service credit due to the extension
of a deadline under subsection (c), the board shall recompute the
member's benefit. However, the additional service credit may be used
only in the computation of benefits to be paid after the date of the
board's determination, and the member is not entitled to a
recomputation of benefits received before the date of the board's
determination.
(e) Notwithstanding any provision of this section, a member is
entitled to service credit and benefits in the amount and to the extent
required by the Uniformed Services Employment and Reemployment
Rights Act (38 U.S.C. 4301 et seq.).
(f) Notwithstanding any other provision of this section, a
member who:
(1) serves on active duty in the armed services of the United
States for at least six (6) months; and
(2) receives an honorable discharge from the armed services;
is entitled to service credit for the time served on active duty in the
armed services. However, a member is entitled to service credit
under this subsection only to the extent that service credit is not
granted for that time under another provision of this section. The
maximum amount of service credit that may be granted to a
member under this subsection is two (2) years. A member must
have at least ten (10) years of creditable service in the fund before
the member may claim service credit under this subsection.
SOURCE: IC 21-6.1-4-6.1; (01)IN1470.1.2. -->
SECTION 2.
IC 21-6.1-4-6.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6.1. (a) This subsection
applies to members who retire before July 1, 1980. A member who had
completed four (4) years of approved college teacher training before
voluntary or involuntary induction into the military services is entitled
to credit for that service as if the member had begun teaching before
the induction. A member who serves in military service is considered
a teacher and is entitled to the benefits of the fund if for or during the
leave of absence the member pays into the fund the member's
contributions. Time served by a member in military service for the
duration of the hostilities or for the length of active service in the
hostilities and the necessary demobilization time after the hostilities is
not subject to the one-seventh rule specified in section 5 of this chapter.
(b) This subsection applies to members who retire after June 30,
1980. A member who had completed four (4) years of approved college
teacher training before voluntary or involuntary induction into military
service is entitled to credit for the member's active military service as
if the member had begun teaching before the induction. A member who
serves in military service is considered a teacher and is entitled to the
benefits of the fund if:
(1) the member has an honorable discharge; and
(2) except as provided in subsection (f), the member returns to
active teaching service within eighteen (18) months after the
completion of active military service.
The time served by a member in military service for the duration of the
hostilities or for the length of active service in the hostilities and the
necessary demobilization time after the hostilities is not subject to the
one-seventh rule specified in section 5 of this chapter. However, not
more than six (6) years of military service credit may be granted under
this subsection. In order to be eligible for any military service credit
under this subsection, a member must have at least ten (10) years of
in-state service credit.
(c) This subsection applies to members who retire after May 1,
1989. A member who had begun but had not completed four (4) years
of approved college teacher training before voluntary or involuntary
induction into the military services is entitled to service credit in an
amount equal to the duration of the member's active military service if
the following conditions are met:
(1) The member has an honorable discharge.
(2) Except as provided in subsection (f), the member returns to a
four (4) year approved college teacher training program within
eighteen (18) months after the completion of active military
service and subsequently completes that program.
(3) The member has at least ten (10) years of in-state service
credit.
(d) This subsection applies to members who retire after May 1,
1991, and who are employed at state institutions of higher education.
A member who had begun but had not completed baccalaureate or
post-baccalaureate training before voluntary or involuntary induction
into military service is entitled to the member's active military service
credit for the member's active military service in an amount equal to
the duration of the member's military service if the following
conditions are met:
(1) The member received an honorable discharge.
(2) Except as provided in subsection (f), the member returns to
baccalaureate or post-baccalaureate training within eighteen (18)
months after completion of active military service and
subsequently completes that training.
(3) The member has at least ten (10) years of in-state service
credit.
(e) The maximum amount of service credit that may be granted to
a member who meets the conditions of subsection (c) or (d) is six (6)
years. However, for purposes of subsection (c) or (d), the time served
by the member in active military service for the length of active service
in hostilities and necessary demobilization is not subject to the
one-seventh rule specified in section 5 of this chapter.
(f) The board shall extend the eighteen (18) month deadline
contained in subsection (b)(2), (c)(2), or (d)(2) if the board determines
that an illness, an injury, or a disability related to the member's military
service prevented the member from returning to active teaching service
or to a teacher training program within eighteen (18) months after the
member's discharge from military service. However, the board may not
extend the deadline beyond thirty (30) months after the member's
discharge.
(g) If a member retires, and the board subsequently determines that
the member is entitled to additional service credit due to the extension
of a deadline under subsection (f), the board shall recompute the
member's benefit. However, the additional service credit may be used
only in the computation of benefits to be paid after the date of the
board's determination, and the member is not entitled to a
recomputation of benefits received before the date of the board's
determination.
(h) Notwithstanding any provision of this section, a member is
entitled to military service credit and benefits in the amount and to the
extent required by the Uniformed Services Employment and
Reemployment Rights Act (38 U.S.C. 4301 et seq.), including all later
amendments.
(i) Notwithstanding any other provision of this section, a
member who:
(1) serves on active duty in the military service of the United
States for at least six (6) months; and
(2) receives an honorable discharge from the military service;
is entitled to service credit for the time served on active duty in the
military service. However, a member is entitled to service credit
under this subsection only to the extent that service credit is not
granted for that time under another provision of this section. The
maximum amount of service credit that may be granted to a
member under this subsection is two (2) years. A member must
have at least ten (10) years of creditable service in the fund before
the member may claim service credit under this subsection.
SOURCE: ; (01)IN1470.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2001]
IC 5-10.3-7-5
and
IC 21-6.1-4-6.1
, both as amended by this act, apply to members of
the public employees' retirement fund or the Indiana state
teachers' retirement fund who retired before July 1, 2001, and to
members of the public employees' retirement fund or the Indiana
state teachers' retirement fund who retire after June 30, 2001.
However,
IC 5-10.3-7-5
and
IC 21-6.1-4-6.1
, both as amended by
this act, apply only to benefits first payable after June 30, 2001.