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 of
the following retirement systems to determine whether the positions
covered 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 educational
institution; and
(4) each other retirement system which is financially supported
by a political subdivision if the board or governing body
administering 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 compliance
with section 218(d) of the Social Security Act.
(b) The governor may designate the board or governing body
administering the affairs of each retirement system, or the board of
trustees in the case of state educational institutions, as the agency to
conduct the referendum for the system.
(c) Each board or governing body shall pay the expenses of the
referendum for the system it administers, except that:
(1) the expenses of the referendum for a political subdivision
participating in the public employees' retirement fund shall be
paid by the political subdivision; and
(2) the expenses of the referendum for a state educational
institution 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 for
employees of each participating political subdivision who are
members of the public employees' retirement fund.
(b) Members of the public employees' retirement fund who are
classified as federal employees by the secretary of agriculture of the
United States and who participate in the federal civil service
retirement 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 majority
of the employees in a retirement system vote in the affirmative in the
referendum, the governor shall:
(1) certify to the secretary of health, education and welfare of
the United States that the conditions prescribed by the Social
Security Act have been met; and
(2) notify the state agency of the certification.
(b) The state agency shall then request a modification of the
agreement by the federal administration to include service in
positions covered by these retirement systems.
(c) The state agency, or the governing body for a political
subdivision, may request that the modification not include the
following 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 be
excluded 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 a
referendum the vote of the majority is negative, no member of the
retirement system may be included in a modification of the
agreement.
(b) A subsequent referendum may be conducted upon the request
of the board or governing body. However, no subsequent referendum
may 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 agreement
must be determined by resolution of the board of each of the
following retirement systems:
(1) the public employees' retirement fund;
(2) the Indiana state teachers' retirement fund; and
(3) any retirement system established by a state educational
institution.
For political subdivisions the governing body shall determine the
effective date by resolution. The effective date may be made
retroactive to the extent permitted by federal law.
(b) The effective date of a modification for employees of political
subdivisions with retirement systems which are not covered by
subsection (a) of this section may be January 1, 1955, or any
subsequent January 1. As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.2-2007,
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 of
the following retirement systems to determine whether the positions
covered 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 educational
institution; and
(4) each other retirement system which is financially supported
by a political subdivision if the board or governing body
administering 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 compliance
with section 218(d) of the Social Security Act.
(b) The governor may designate the board or governing body
administering the affairs of each retirement system, or the board of
trustees in the case of state educational institutions, as the agency to
conduct the referendum for the system.
(c) Each board or governing body shall pay the expenses of the
referendum for the system it administers, except that:
(1) the expenses of the referendum for a political subdivision
participating in the public employees' retirement fund shall be
paid by the political subdivision; and
(2) the expenses of the referendum for a state educational
institution 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 for
employees of each participating political subdivision who are
members of the public employees' retirement fund.
(b) Members of the public employees' retirement fund who are
classified as federal employees by the secretary of agriculture of the
United States and who participate in the federal civil service
retirement 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 majority
of the employees in a retirement system vote in the affirmative in the
referendum, the governor shall:
(1) certify to the secretary of health, education and welfare of
the United States that the conditions prescribed by the Social
Security Act have been met; and
(2) notify the state agency of the certification.
(b) The state agency shall then request a modification of the
agreement by the federal administration to include service in
positions covered by these retirement systems.
(c) The state agency, or the governing body for a political
subdivision, may request that the modification not include the
following 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 be
excluded 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 a
referendum the vote of the majority is negative, no member of the
retirement system may be included in a modification of the
agreement.
(b) A subsequent referendum may be conducted upon the request
of the board or governing body. However, no subsequent referendum
may 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 agreement
must be determined by resolution of the board of each of the
following retirement systems:
(1) the public employees' retirement fund;
(2) the Indiana state teachers' retirement fund; and
(3) any retirement system established by a state educational
institution.
For political subdivisions the governing body shall determine the
effective date by resolution. The effective date may be made
retroactive to the extent permitted by federal law.
(b) The effective date of a modification for employees of political
subdivisions with retirement systems which are not covered by
subsection (a) of this section may be January 1, 1955, or any
subsequent January 1. As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.2-2007,
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 of
the following retirement systems to determine whether the positions
covered 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 educational
institution; and
(4) each other retirement system which is financially supported
by a political subdivision if the board or governing body
administering 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 compliance
with section 218(d) of the Social Security Act.
(b) The governor may designate the board or governing body
administering the affairs of each retirement system, or the board of
trustees in the case of state educational institutions, as the agency to
conduct the referendum for the system.
(c) Each board or governing body shall pay the expenses of the
referendum for the system it administers, except that:
(1) the expenses of the referendum for a political subdivision
participating in the public employees' retirement fund shall be
paid by the political subdivision; and
(2) the expenses of the referendum for a state educational
institution 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 for
employees of each participating political subdivision who are
members of the public employees' retirement fund.
(b) Members of the public employees' retirement fund who are
classified as federal employees by the secretary of agriculture of the
United States and who participate in the federal civil service
retirement 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 majority
of the employees in a retirement system vote in the affirmative in the
referendum, the governor shall:
(1) certify to the secretary of health, education and welfare of
the United States that the conditions prescribed by the Social
Security Act have been met; and
(2) notify the state agency of the certification.
(b) The state agency shall then request a modification of the
agreement by the federal administration to include service in
positions covered by these retirement systems.
(c) The state agency, or the governing body for a political
subdivision, may request that the modification not include the
following 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 be
excluded 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 a
referendum the vote of the majority is negative, no member of the
retirement system may be included in a modification of the
agreement.
(b) A subsequent referendum may be conducted upon the request
of the board or governing body. However, no subsequent referendum
may 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 agreement
must be determined by resolution of the board of each of the
following retirement systems:
(1) the public employees' retirement fund;
(2) the Indiana state teachers' retirement fund; and
(3) any retirement system established by a state educational
institution.
For political subdivisions the governing body shall determine the
effective date by resolution. The effective date may be made
retroactive to the extent permitted by federal law.
(b) The effective date of a modification for employees of political
subdivisions with retirement systems which are not covered by
subsection (a) of this section may be January 1, 1955, or any
subsequent January 1. As added by Acts 1977, P.L.53, SEC.1. Amended by P.L.2-2007,
