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IC 2-3.5
ARTICLE 3.5. LEGISLATIVE RETIREMENTBENEFITS

IC 2-3.5-1
Chapter 1. Application

IC 2-3.5-1-1
Completion of service before April 30, 1989; entitlement
    Sec. 1. A member of the general assembly who completed serviceas a member of the general assembly before April 30, 1989:
        (1) is entitled to become, at the member's option, a member ofPERF, as provided by IC 5-10.3-7-3; and
        (2) is not entitled to become a participant in the legislators'retirement system established by this article.
As added by P.L.6-1989, SEC.1.

IC 2-3.5-1-2
Service on April 30, 1989; election of benefit plans
    Sec. 2. (a) A member of the general assembly who is serving onApril 30, 1989, may elect to become a participant in both the definedbenefit plan and the defined contribution plan of the legislators'retirement system, as provided by IC 2-3.5-3-1. If such a memberdoes not elect to become a participant in the legislators' retirementsystem, that member is not affected by this article and is insteadcovered by IC 5-10.2, IC 5-10.3, and IC 5-10.4.
    (b) Notwithstanding IC 5-10.3-7-2 or any other law, a member ofthe general assembly who is a participant in the legislators' definedbenefit plan shall also be a member of PERF or TRF while servingin another position covered by PERF or TRF. However, thefollowing provisions apply to a participant who is also a member ofPERF or TRF:
        (1) The PERF board or TRF board shall include the participant'syears of service in the general assembly in the determination ofeligibility for benefits under PERF or TRF.
        (2) Except as provided in subdivision (4), the PERF board orTRF board shall not include in the computation of benefits fromPERF or TRF the participant's:
            (A) salary as a member of the general assembly; or
            (B) years of service as a member of the general assembly.
        (3) The participant is not required to make annuitycontributions to PERF or TRF for service as a member of thegeneral assembly after July 1, 1989.
        (4) IC 5-10.2-4-3.1 and the special provisions for members ofthe general assembly in IC 5-10.2-3-7.5, IC 5-10.3-7-3,IC 5-10.3-7-7, IC 5-10.3-8-2, IC 5-10.4-5-7, and IC 20-28-10-16do apply to the determination of the participant's benefits underPERF and TRF for benefits earned before July 1, 1989.IC 5-10.2-4-3.1 and the special provisions for members of the

general assembly in IC 5-10.2-3-7.5, IC 5-10.3-7-3,IC 5-10.3-7-7, IC 5-10.3-8-2, IC 5-10.4-5-7, andIC 20-28-10-16(b) do not apply to the determination of theparticipant's benefits under PERF or TRF for benefits earnedafter June 30, 1989.
As added by P.L.6-1989, SEC.1. Amended by P.L.3-1990, SEC.3;P.L.4-1990, SEC.2; P.L.1-2005, SEC.50; P.L.2-2006, SEC.1.

IC 2-3.5-1-3
Elected or appointed after April 30, 1989; defined contributionplan
Sec. 3. A member of the general assembly who is elected orappointed to the general assembly for the first time after April 30,1989, is a participant in the defined contribution plan of thelegislators' retirement system.
As added by P.L.6-1989, SEC.1.

IC 2-3.5-1-4
Service before and after, but not on April 30, 1989; definedcontribution plan
    Sec. 4. (a) A member of the general assembly who:
        (1) served as a member of the general assembly before April 30,1989;
        (2) was not serving as a member of the general assembly onApril 30, 1989; and
        (3) is subsequently elected or appointed to the generalassembly;
is a participant in the defined contribution plan of the legislators'retirement system.
    (b) The PERF and TRF benefits earned by a participant describedin subsection (a) before July 1, 1989, for service as a member of thegeneral assembly or in another covered position, are not affected bythis article. However, the following provisions apply to such aparticipant who is also a member of PERF or TRF:
        (1) The PERF board or TRF board shall include the participant'syears of service in the general assembly in the determination ofeligibility for benefits under PERF or TRF.
        (2) The PERF board or TRF board shall not include in thecomputation of benefits from PERF or TRF the participant's:
            (A) salary as a member of the general assembly that isreceived after July 1, 1989; or
            (B) years of service as a member of the general assemblyafter July 1, 1989.
        (3) The participant is not required to make annuitycontributions to PERF or TRF for service as a member of thegeneral assembly after July 1, 1989.
        (4) If IC 5-10.2-4-3.1 or any of the special provisions formembers of the general assembly in IC 5-10.2-3-7.5,IC 5-10.3-7-3, IC 5-10.3-7-7, IC 5-10.3-8-2, IC 5-10.4-5-7, andIC 20-28-10-16 applied to the determination of the participant's

benefits under PERF or TRF before July 1, 1989, thoseprovisions do not apply to the determination of the participant'sbenefits under PERF or TRF for benefits earned after July 1,1989.
As added by P.L.6-1989, SEC.1. Amended by P.L.3-1990, SEC.4;P.L.1-2005, SEC.51; P.L.2-2006, SEC.2.