Citations Affected: IC 5-10-8.5-18; IC 5-10.2.
Synopsis: Public employee retirement. Allows amounts in a retired participant's retirement
medical benefits account (account) to be used to pay premiums for individual or group health
coverage. Allows: (1) a retired state employee who was eligible to participate in the state group
health insurance program (program) but did not file a written request to do so within 90 days
after the retired state employee's retirement date; or (2) a retired state employee who is eligible
to participate in the program, and on April 1, 2008, has fewer than sixty (60) days after the
retired state employee's retirement date to make the written request; sixty (60) days after April
1, 2008, to file a written request to participate in the program and use the balance in the retired
state employee's account to pay the premiums for the coverage. Provides a cost of living
adjustment (COLA) in 2009 for certain members (or survivors or beneficiaries of members) of
the state teachers' retirement fund (TRF). Increases the minimum monthly disability retirement
benefit paid to certain members of the public employees' retirement fund (PERF) and TRF from
$100 to $180. Provides that a distribution of a thirteenth check by PERF or TRF must include
distribution to members eligible for disability benefits. (The introduced version of this bill was
prepared by the pension management oversight commission.) (This conference committee
report: (1) adds a provision that allows amounts in a retired participant's retirement
medical benefits account (account) to be used to pay premiums for individual or group
health coverage; (2) adds a provision that allows: (A) a retired state employee who was
eligible to participate in the state group health insurance program (program) but did not
file a written request to do so within 90 days after the retired state employee's retirement
date; or (B) a retired state employee who is eligible to participate in the program, and on
April 1, 2008, has fewer than sixty (60) days after the retired state employee's retirement
date to make the written request; sixty (60) days after April 1, 2008, to file a written
request to participate in the program and use the balance in the retired state employee's
account to pay the premiums for the coverage; and (3) resolves a conflict between HB 1019
and SB 133.)
Effective: Upon passage; August 1, 2007 (retroactive); January 1, 2008 (retroactive); July 1, 2008.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1019 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
his the member's disability if:
(1) the member has at least five (5) years of creditable service
before the:
(A) termination of a salary or employer provided income
protection benefits or Family and Medical Leave Act leave; or
(B) exhaustion of all worker's compensation benefits;
(2) the member has qualified for Social Security disability
benefits and has furnished proof of the Social Security
qualification to the board; and
(3) at least once each year until the member reaches age sixty-five
(65) a representative of the board verifies the continued disability.
For the purposes of this section, a member of the public employees'
retirement fund who has qualified for disability benefits under the
federal civil service system is considered to have met the requirement
of subdivision (2) if he the member furnishes proof of the qualification
to the board of the public employees' retirement fund.
(b) Benefits for disability shall be paid beginning with the month
following the onset of disability as determined by the Social Security
Administration. The benefit is the retirement benefit specified in
section 4 of this chapter with the pension computed using only the
years of creditable service worked to the date of disability and without
reduction for early retirement. However, the monthly disability
retirement benefit may not be less than one hundred eighty dollars
($100). ($180).
(c) The member may have his the member's benefit paid under any
of the retirement benefit options specified in section 7 of this chapter,
except that the member may not choose to have the member's disability
retirement benefit paid under the method specified under section
7(b)(3) of this chapter.
(d) This section applies to:
(1) a member of the public employees' retirement fund who
became disabled after June 30, 1973; and
(2) a member of the Indiana state teachers' retirement fund who
becomes disabled after June 30, 1984, and who chooses disability
retirement under this section.
(e) To the extent required by the Americans with Disabilities Act
(42 U.S.C. 12101 et seq.) and any amendments and regulations to the
Act, the transcripts, records, and other material compiled to determine
the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
(f) A member may continue to receive disability benefits from the
public employees' retirement fund or the Indiana state teachers'
retirement fund so long as the member is entitled to receive Social
Security benefits, including periods of trial employment or
rehabilitation under the Social Security guidelines. However, during a
period of trial employment or rehabilitation, service credit may not be
granted under the public employees' retirement fund or the Indiana
state teachers' retirement fund.
(g) If the fund is authorized to make, in the form of a single
check or a series of checks, a one (1) time distribution that does not
increase the pension portion of the monthly benefit, the
distribution must include members eligible for disability benefits.
A member eligible for disability benefits is required to meet all
additional requirements necessary to receive the check or series of
checks issued by the fund under this subsection.
participate in the group health insurance program described in
IC 5-10-8-8. The employer shall accept the retired state employee's
request and allow the retired state employee to participate in the
group health insurance program described in IC 5-10-8-8, if the
retired state employee:
(1) is otherwise eligible to participate in the program; and
(2) complies with the requirements of the program, including
payment of the employer's and employee's premium for the
group health insurance for an active employee.
(c) A retired state employee who elects under subsection (b) to
file a written request to participate in the group health insurance
program described in IC 5-10-8-8 may use the balance in the
employee's subaccount of the retirement medical benefits account
to pay the premiums for the coverage, as provided in
IC 5-10-8.5-18, as amended by this act.
(d) This SECTION expires December 31, 2008.
____________________________ ____________________________
Representative Avery Senator Meeks
Chairperson
____________________________ ____________________________
Representative Buell Senator Hume
House Conferees Senate Conferees