CHAPTER 4. COVERAGE OF MEMBERS OF RETIREMENT SYSTEMS

IC 5-10.1-4
    Chapter 4. Coverage of Members of Retirement Systems

IC 5-10.1-4-1
Referenda
    Sec. 1. The governor may conduct separate referenda for each ofthe following retirement systems to determine whether the positionscovered by the systems will be included in the agreement:
        (1) the Indiana state teachers' retirement fund;
        (2) the public employees' retirement fund;
        (3) each retirement system established by a state educationalinstitution; and
        (4) each other retirement system which is financially supportedby a political subdivision if the board or governing bodyadministering the retirement system requests a referendum.
As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.2-2007,SEC.88.

IC 5-10.1-4-2
Procedure for referenda
    Sec. 2. (a) Each referendum shall be conducted in compliancewith section 218(d) of the Social Security Act.
    (b) The governor may designate the board or governing bodyadministering the affairs of each retirement system, or the board oftrustees in the case of state educational institutions, as the agency toconduct the referendum for the system.
    (c) Each board or governing body shall pay the expenses of thereferendum for the system it administers, except that:
        (1) the expenses of the referendum for a political subdivisionparticipating in the public employees' retirement fund shall bepaid by the political subdivision; and
        (2) the expenses of the referendum for a state educationalinstitution shall be paid by the institution.
As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.2-2007,SEC.89.

IC 5-10.1-4-3
Referenda for public employees' retirement fund
    Sec. 3. Referenda for Public Employees' Retirement Fund. (a)Separate referenda must be conducted for state employees and foremployees of each participating political subdivision who aremembers of the public employees' retirement fund.
    (b) Members of the public employees' retirement fund who areclassified as federal employees by the secretary of agriculture of theUnited States and who participate in the federal civil serviceretirement system may not vote in any referendum.
As added by Acts 1977, P.L.53, SEC.1.

IC 5-10.1-4-4
Effect of affirmative vote in referenda    Sec. 4. Effect of Affirmative Vote in Referenda. (a) If a majorityof the employees in a retirement system vote in the affirmative in thereferendum, the governor shall:
        (1) certify to the secretary of health, education and welfare ofthe United States that the conditions prescribed by the SocialSecurity Act have been met; and
        (2) notify the state agency of the certification.
    (b) The state agency shall then request a modification of theagreement by the federal administration to include service inpositions covered by these retirement systems.
    (c) The state agency, or the governing body for a politicalsubdivision, may request that the modification not include thefollowing positions covered by a retirement system:
        (1) services of an emergency nature;
        (2) elective positions;
        (3) part-time positions;
        (4) positions, the compensation for which is paid on a fee basis;
        (5) agricultural labor; and
        (6) service performed by a student, if the service would beexcluded if done for a private employer.
As added by Acts 1977, P.L.53, SEC.1.

IC 5-10.1-4-5
Effect of negative vote in referenda
    Sec. 5. Effect of Negative Vote in Referenda. (a) If in areferendum the vote of the majority is negative, no member of theretirement system may be included in a modification of theagreement.
    (b) A subsequent referendum may be conducted upon the requestof the board or governing body. However, no subsequent referendummay be conducted until one (1) year after a prior referendum.
As added by Acts 1977, P.L.53, SEC.1.

IC 5-10.1-4-6
Effective date of modification
    Sec. 6. (a) The effective date of a modification of the agreementmust be determined by resolution of the board of each of thefollowing retirement systems:
        (1) the public employees' retirement fund;
        (2) the Indiana state teachers' retirement fund; and
        (3) any retirement system established by a state educationalinstitution.
For political subdivisions the governing body shall determine theeffective date by resolution. The effective date may be maderetroactive to the extent permitted by federal law.
    (b) The effective date of a modification for employees of politicalsubdivisions with retirement systems which are not covered bysubsection (a) of this section may be January 1, 1955, or anysubsequent January 1.
As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.2-2007,

SEC.90.