Introduced Version






HOUSE BILL No. 1389

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-10.2-3-1.2.

Synopsis: Purchase of service credit. Amends the provision allowing public employees' retirement fund (PERF) and state teachers' retirement fund (TRF) employers to buy service credit for their employees to specify that in the case of a school corporation that buys service credit for employees with at least 25 years of service, the school corporation may: (1) pay for the service credit through periodic payments over not more than ten years; and (2) make the payments to PERF or TRF through deductions from tuition support payable to the school corporation from the state.

Effective: July 1, 2006.





Borders




    January 12, 2006, read first time and referred to Committee on Employment and Labor.







Introduced

Second Regular Session 114th General Assembly (2006)


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 this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1389



    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 5-10.2-3-1.2; (06)IN1389.1.1. -->     SECTION 1. IC 5-10.2-3-1.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.2. (a) A member who has earned at least ten (10) years of service in a position covered by PERF, TRF, or a combination of the two (2) funds may purchase one (1) year of service credit for each five (5) years of service that the member has completed in a position covered by PERF or TRF.
    (b) Before a member retires, a member who desires to purchase additional service credit under subsection (a) must contribute to the fund as follows:
        (1) Contributions that are equal to the product of the following:
            (A) The member's salary at the time the member actually makes a contribution for the service credit.
            (B) A rate, determined by the actuary for the fund, that is based on the age of the member at the time the member actually makes a contribution for the service credit and computed to result in a contribution amount that approximates the actuarial present value of the benefit attributable to the

service credit purchased.
            (C) The number of years of service credit the member intends to purchase.
        (2) Contributions for any accrued interest, at a rate determined by the actuary for the fund, for the period from the member's initial membership in the fund to the date payment is made by the member.
    (c) The following apply to the purchase of service credit under this section:
        (1) The board may allow a member to make periodic payments of the contributions required for the purchase of service credit. The board shall determine the length of the period during which the payments must be made.
        (2) The 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 member may not claim the service credit for the purpose of computing benefits unless the member has made all payments required for the purchase of the service credit.
        (4) To the extent permitted by the Internal Revenue Code and applicable regulations, a member may purchase service credit under this section by a rollover distribution to the fund from any of the following:
            (A) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.
            (B) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
            (C) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.
            (D) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.
    (d) A member who terminates employment before satisfying the eligibility requirements necessary to receive a monthly benefit may withdraw the purchase amount, plus accumulated interest, after submitting a properly completed application for a refund to the fund. However, the member must also apply for a refund of the member's entire annuity savings account under section 6 of this chapter to be eligible for a refund of the member's rollover amount.
    (e) For a member who is a state employee, the employer may pay all

or a part of the member contributions required for the purchase of service credit under this section. In that event, the actuary shall determine the amortization, and subsections (c)(1), (c)(3), (c)(4), and (d) do not apply.
    (f) For a member who is an employee of a participating political subdivision, the employer may adopt an ordinance to pay all or a part of the member contributions required for the purchase of service credit under this section. In that event, the actuary shall determine the amortization, and subsections (c)(1), (c)(3), (c)(4), and (d) do not apply.
    (g) For a member who is an employee of a participating school corporation and has at least twenty-five (25) years of service in a position covered by PERF, TRF, or a combination of the two (2) funds, the governing body of the school corporation may adopt a resolution to pay all or a part of the member contributions required for the purchase of service credit under this section. In that event, the following apply, notwithstanding subsection (c):
        (1) The board shall allow the employer to make periodic payments of the contributions required for the purchase of the member's service credit.
The payments must be made over a period of not more than ten (10) years.
         (2) Subsections (c)(1), (c)(3), (c)(4), and (d) do not apply to the purchase of the service credit.
        (3) The governing body of the school corporation may do the following:
            (A) Authorize the periodic payments required for the purchase of the member's service credit to be deducted from the tuition support distributions that are payable from the state to the school corporation.
            (B) Have the amounts deducted from the tuition support distributions under clause (A) paid by the state to the fund for which the member's service credit is purchased.