IC 5-10.4-5-1 Disability benefit
Sec. 1. (a) A member who becomes disabled after June 30, 1984,
may receive a benefit under this section and sections 2 through 4 of
this chapter. If the member qualifies for disability retirement under
IC 5-10.2-4-6, the member may choose to receive a benefit under
IC 5-10.2-4-6 instead of under this section and sections 2 through 4
of this chapter.
(b) A member who:
(1) is an active teacher;
(2) has earned at least five (5) service credits; and
(3) suffers a temporary or permanent disability that continues
for at least six (6) months;
may receive a classroom disability benefit for as long as the
disability exists.
(c) Except as provided in subsection (d), a teacher must apply not
later than one (1) year after the date of the disability to receive a
classroom disability benefit under this chapter.
(d) The board may waive the requirement described in subsection
(c) if the board finds extenuating circumstances that justifiably
prevented the person from applying within the time required. The
board shall adopt rules specifying the extenuating circumstances that
must be shown before a waiver may be granted under this subsection. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-2 Calculation of disability benefit
Sec. 2. (a) The monthly classroom disability benefit paid under
section 1 of this chapter is determined in STEP THREE of the
following formula:
STEP ONE: Subtract five (5) from the total years of service
credit earned by the member before the date of the member's
disability.
STEP TWO: Multiply the remainder determined under STEP
ONE by five dollars ($5).
STEP THREE: Add the STEP TWO result and one hundred
twenty-five dollars ($125).
(b) A classroom disability benefit payment is charged against the
retirement allowance account.
(c) Classroom disability benefits may not begin until ordered by
the board after the member undergoes a medical examination by a
physician selected by the board. If the medical examination
conducted by a physician selected and paid by the board establishes
to the board's satisfaction that the disability no longer exists, the
member may not receive a classroom disability benefit.
(d) If a member on a classroom disability benefit refuses to submit
at least annually to a medical examination by a physician selected by
the board, the board shall discontinue the member's benefits until the
member withdraws the refusal. If the refusal continues for at least
one (1) year, the member may forfeit the right to receive classroom
disability benefits.
(e) To the extent required by the federal Americans with
Disabilities Act, the transcripts, reports, 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) This section shall be administered in a manner that is
consistent with the federal Americans with Disabilities Act, to the
extent required by the Act. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-3 Deduction from death benefits
Sec. 3. (a) If a member dies while on a classroom disability
benefit, the member's total classroom disability benefit payments are
deducted from the funds that are paid to the member's estate or
designated beneficiary.
(b) If a member stops receiving a classroom disability benefit,
returns to teaching, and dies before retirement, the member's total
classroom disability benefit payments are deducted from any death
benefit payable to the member's estate or designated beneficiary. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-4 Election to terminate disability benefit at retirement age
Sec. 4. After reaching sixty-five (65) years of age or an earlier
retirement date selected by the member, the member may request that
the member's classroom disability benefit payments cease and the
member's retirement benefits begin. A member's retirement benefits
may not be reduced because the member received classroom
disability benefits. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-5 Prohibition against mandatory retirement age
Sec. 5. The state or a school corporation may not enforce a
mandatory retirement age against members employed in the public
schools. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-6 Eligibility for retirement benefits
Sec. 6. A member is eligible for retirement benefits as specified
in IC 5-10.2-4. As added by P.L.2-2006, SEC.28. IC 5-10.4-5-7 Member-legislators
Sec. 7. (a) As used in this section, "member-legislator" means a
member who has at least:
(1) twenty (20) years of service credit as a teacher; and
(2) ten (10) years of service in the general assembly.
(b) Notwithstanding IC 5-10.2-4-3 or IC 5-10.2-4-3.1, in
computing the pension for a member-legislator, the average of the
annual compensation is the sum of the salaries in any one (1) year for
a member-legislator's:
(1) position covered by the fund; and
(2) service in the general assembly. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-8 Designation of retirement date
Sec. 8. (a) A member who:
(1) has ceased employment in the public schools; and
(2) is eligible for retirement benefits;
shall designate a retirement date as described in IC 5-10.2-4-1.
(b) A member who chooses to begin receiving retirement benefits
at the time the member ceases employment is entitled to receive the
proportionate amount of the member's monthly benefit for the month
in which the cessation occurred.
(c) Annually the board may require a member to execute an
affidavit stating the member's eligibility for a retirement benefit. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-9 Schedule; initial pension benefit
Sec. 9. (a) The fund shall make a member's first pension benefit
payment not more than ninety (90) days after the date the member
completes and files an application for retirement benefits.
(b) After the first pension benefit payment and except as provided
under IC 5-10.2-4-7(f), a person entitled to benefits shall receive a
retirement benefit payment by the tenth day of each month. As added by P.L.2-2006, SEC.28. Amended by P.L.115-2009,
SEC.17.
IC 5-10.4-5-10 Cancellation of uncashed benefit check
Sec. 10. (a) If a benefit check issued by the fund is outstanding
and unpaid for more than six (6) months after the date the check is
issued, the benefit check is canceled.
(b) A benefit check canceled under subsection (a) may not be
honored, cashed, or accepted for payment or deposit by an
individual, a bank, a trust company, a savings association, or any
other financial institution or person.
(c) The cancellation of a benefit check under this section does not
discharge the fund's obligation to pay the benefit for which the
canceled benefit check was issued. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-11 Payment options
Sec. 11. A member may have the member's retirement benefits
paid under the options specified in IC 5-10.2-4-7. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-12 Death before retirement; payment of benefits
Sec. 12. If a member dies before retirement, the member's benefits
are paid as specified in IC 5-10.2-3-7.5, IC 5-10.2-3-7.6, and
IC 5-10.2-3-8. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-13 Calculation of benefit; teaching after initial retirement
Sec. 13. IC 5-10.2-4-8 applies to the reemployment of a retired
member. As added by P.L.2-2006, SEC.28. Amended by P.L.72-2007, SEC.9;
P.L.76-2008, SEC.6; P.L.115-2009, SEC.18.
IC 5-10.4-5-14 Benefits; exemption from legal process
Sec. 14. (a) The benefits payable from the fund are exempt from
seizure or levy on attachment, supplemental process, and all other
processes.
(b) A member's transfer of a benefit payment is void. However, a
member may assign benefits for paying:
(1) premiums on a group, life, hospitalization, surgical, or
medical insurance plan maintained in whole or in part by a state
agency; and
(2) dues to any association that proves to the board's satisfaction
that the association has as members at least twenty percent
(20%) of the number of retired members of the fund. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-15 Termination of benefits; grounds
Sec. 15. (a) The board may stop a member's benefit if the member
does any of the following while receiving the benefit:
(1) Fails to report for a required examination, unless excused by
the board.
(2) Disobeys the requirements of the board regarding the
examination.
(3) Refuses to repay an overpayment of benefits.
(b) The board also may stop a member's benefit if the board has
reasonable cause to believe that:
(1) the member has died; or
(2) in the case of a member receiving disability benefits under
IC 5-10.2-4-6 or classroom disability benefits under section 1
of this chapter, the member no longer has a disability. As added by P.L.2-2006, SEC.28. Amended by P.L.99-2007, SEC.18.
IC 5-10.4-5-16 Retirement before July 1, 1975; limitations on reductions in
benefits
Sec. 16. The computation of benefits described in section 2 of this
chapter applies to benefits payable on and after July 1, 1975, and
includes benefits payable to members who retired or whose
employment was terminated before that date. However, a member's
benefits may not be reduced below the amount paid to the member
before July 1, 1975. The benefits for a member who retired before
January 1, 1956, shall be computed by multiplying fifteen dollars
($15) by the member's years of service and then actuarially adjusting
the product obtained to take into account a member's early retirement
and the retirement option selected by a member using the factors in
effect on July 1, 1975. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-17 Claims of error
Sec. 17. A member may petition the board to correct an error in
the determination of the member's:
(1) creditable service; or
(2) benefit;
at any time. The petition must contain the necessary information to
sustain the member's claim of error. The board shall investigate the
claim and, if an error is found, shall order the member's records
corrected. If no error is found and the member petitioned the board
to correct the error within six (6) years after the determination of the
member's creditable service or benefit, the member may appeal the
board's decision under IC 4-21.5. As added by P.L.99-2010, SEC.8.
IC 5-10.4-5-1 Disability benefit
Sec. 1. (a) A member who becomes disabled after June 30, 1984,
may receive a benefit under this section and sections 2 through 4 of
this chapter. If the member qualifies for disability retirement under
IC 5-10.2-4-6, the member may choose to receive a benefit under
IC 5-10.2-4-6 instead of under this section and sections 2 through 4
of this chapter.
(b) A member who:
(1) is an active teacher;
(2) has earned at least five (5) service credits; and
(3) suffers a temporary or permanent disability that continues
for at least six (6) months;
may receive a classroom disability benefit for as long as the
disability exists.
(c) Except as provided in subsection (d), a teacher must apply not
later than one (1) year after the date of the disability to receive a
classroom disability benefit under this chapter.
(d) The board may waive the requirement described in subsection
(c) if the board finds extenuating circumstances that justifiably
prevented the person from applying within the time required. The
board shall adopt rules specifying the extenuating circumstances that
must be shown before a waiver may be granted under this subsection. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-2 Calculation of disability benefit
Sec. 2. (a) The monthly classroom disability benefit paid under
section 1 of this chapter is determined in STEP THREE of the
following formula:
STEP ONE: Subtract five (5) from the total years of service
credit earned by the member before the date of the member's
disability.
STEP TWO: Multiply the remainder determined under STEP
ONE by five dollars ($5).
STEP THREE: Add the STEP TWO result and one hundred
twenty-five dollars ($125).
(b) A classroom disability benefit payment is charged against the
retirement allowance account.
(c) Classroom disability benefits may not begin until ordered by
the board after the member undergoes a medical examination by a
physician selected by the board. If the medical examination
conducted by a physician selected and paid by the board establishes
to the board's satisfaction that the disability no longer exists, the
member may not receive a classroom disability benefit.
(d) If a member on a classroom disability benefit refuses to submit
at least annually to a medical examination by a physician selected by
the board, the board shall discontinue the member's benefits until the
member withdraws the refusal. If the refusal continues for at least
one (1) year, the member may forfeit the right to receive classroom
disability benefits.
(e) To the extent required by the federal Americans with
Disabilities Act, the transcripts, reports, 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) This section shall be administered in a manner that is
consistent with the federal Americans with Disabilities Act, to the
extent required by the Act. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-3 Deduction from death benefits
Sec. 3. (a) If a member dies while on a classroom disability
benefit, the member's total classroom disability benefit payments are
deducted from the funds that are paid to the member's estate or
designated beneficiary.
(b) If a member stops receiving a classroom disability benefit,
returns to teaching, and dies before retirement, the member's total
classroom disability benefit payments are deducted from any death
benefit payable to the member's estate or designated beneficiary. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-4 Election to terminate disability benefit at retirement age
Sec. 4. After reaching sixty-five (65) years of age or an earlier
retirement date selected by the member, the member may request that
the member's classroom disability benefit payments cease and the
member's retirement benefits begin. A member's retirement benefits
may not be reduced because the member received classroom
disability benefits. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-5 Prohibition against mandatory retirement age
Sec. 5. The state or a school corporation may not enforce a
mandatory retirement age against members employed in the public
schools. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-6 Eligibility for retirement benefits
Sec. 6. A member is eligible for retirement benefits as specified
in IC 5-10.2-4. As added by P.L.2-2006, SEC.28. IC 5-10.4-5-7 Member-legislators
Sec. 7. (a) As used in this section, "member-legislator" means a
member who has at least:
(1) twenty (20) years of service credit as a teacher; and
(2) ten (10) years of service in the general assembly.
(b) Notwithstanding IC 5-10.2-4-3 or IC 5-10.2-4-3.1, in
computing the pension for a member-legislator, the average of the
annual compensation is the sum of the salaries in any one (1) year for
a member-legislator's:
(1) position covered by the fund; and
(2) service in the general assembly. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-8 Designation of retirement date
Sec. 8. (a) A member who:
(1) has ceased employment in the public schools; and
(2) is eligible for retirement benefits;
shall designate a retirement date as described in IC 5-10.2-4-1.
(b) A member who chooses to begin receiving retirement benefits
at the time the member ceases employment is entitled to receive the
proportionate amount of the member's monthly benefit for the month
in which the cessation occurred.
(c) Annually the board may require a member to execute an
affidavit stating the member's eligibility for a retirement benefit. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-9 Schedule; initial pension benefit
Sec. 9. (a) The fund shall make a member's first pension benefit
payment not more than ninety (90) days after the date the member
completes and files an application for retirement benefits.
(b) After the first pension benefit payment and except as provided
under IC 5-10.2-4-7(f), a person entitled to benefits shall receive a
retirement benefit payment by the tenth day of each month. As added by P.L.2-2006, SEC.28. Amended by P.L.115-2009,
SEC.17.
IC 5-10.4-5-10 Cancellation of uncashed benefit check
Sec. 10. (a) If a benefit check issued by the fund is outstanding
and unpaid for more than six (6) months after the date the check is
issued, the benefit check is canceled.
(b) A benefit check canceled under subsection (a) may not be
honored, cashed, or accepted for payment or deposit by an
individual, a bank, a trust company, a savings association, or any
other financial institution or person.
(c) The cancellation of a benefit check under this section does not
discharge the fund's obligation to pay the benefit for which the
canceled benefit check was issued. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-11 Payment options
Sec. 11. A member may have the member's retirement benefits
paid under the options specified in IC 5-10.2-4-7. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-12 Death before retirement; payment of benefits
Sec. 12. If a member dies before retirement, the member's benefits
are paid as specified in IC 5-10.2-3-7.5, IC 5-10.2-3-7.6, and
IC 5-10.2-3-8. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-13 Calculation of benefit; teaching after initial retirement
Sec. 13. IC 5-10.2-4-8 applies to the reemployment of a retired
member. As added by P.L.2-2006, SEC.28. Amended by P.L.72-2007, SEC.9;
P.L.76-2008, SEC.6; P.L.115-2009, SEC.18.
IC 5-10.4-5-14 Benefits; exemption from legal process
Sec. 14. (a) The benefits payable from the fund are exempt from
seizure or levy on attachment, supplemental process, and all other
processes.
(b) A member's transfer of a benefit payment is void. However, a
member may assign benefits for paying:
(1) premiums on a group, life, hospitalization, surgical, or
medical insurance plan maintained in whole or in part by a state
agency; and
(2) dues to any association that proves to the board's satisfaction
that the association has as members at least twenty percent
(20%) of the number of retired members of the fund. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-15 Termination of benefits; grounds
Sec. 15. (a) The board may stop a member's benefit if the member
does any of the following while receiving the benefit:
(1) Fails to report for a required examination, unless excused by
the board.
(2) Disobeys the requirements of the board regarding the
examination.
(3) Refuses to repay an overpayment of benefits.
(b) The board also may stop a member's benefit if the board has
reasonable cause to believe that:
(1) the member has died; or
(2) in the case of a member receiving disability benefits under
IC 5-10.2-4-6 or classroom disability benefits under section 1
of this chapter, the member no longer has a disability. As added by P.L.2-2006, SEC.28. Amended by P.L.99-2007, SEC.18.
IC 5-10.4-5-16 Retirement before July 1, 1975; limitations on reductions in
benefits
Sec. 16. The computation of benefits described in section 2 of this
chapter applies to benefits payable on and after July 1, 1975, and
includes benefits payable to members who retired or whose
employment was terminated before that date. However, a member's
benefits may not be reduced below the amount paid to the member
before July 1, 1975. The benefits for a member who retired before
January 1, 1956, shall be computed by multiplying fifteen dollars
($15) by the member's years of service and then actuarially adjusting
the product obtained to take into account a member's early retirement
and the retirement option selected by a member using the factors in
effect on July 1, 1975. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-17 Claims of error
Sec. 17. A member may petition the board to correct an error in
the determination of the member's:
(1) creditable service; or
(2) benefit;
at any time. The petition must contain the necessary information to
sustain the member's claim of error. The board shall investigate the
claim and, if an error is found, shall order the member's records
corrected. If no error is found and the member petitioned the board
to correct the error within six (6) years after the determination of the
member's creditable service or benefit, the member may appeal the
board's decision under IC 4-21.5. As added by P.L.99-2010, SEC.8.
IC 5-10.4-5-1 Disability benefit
Sec. 1. (a) A member who becomes disabled after June 30, 1984,
may receive a benefit under this section and sections 2 through 4 of
this chapter. If the member qualifies for disability retirement under
IC 5-10.2-4-6, the member may choose to receive a benefit under
IC 5-10.2-4-6 instead of under this section and sections 2 through 4
of this chapter.
(b) A member who:
(1) is an active teacher;
(2) has earned at least five (5) service credits; and
(3) suffers a temporary or permanent disability that continues
for at least six (6) months;
may receive a classroom disability benefit for as long as the
disability exists.
(c) Except as provided in subsection (d), a teacher must apply not
later than one (1) year after the date of the disability to receive a
classroom disability benefit under this chapter.
(d) The board may waive the requirement described in subsection
(c) if the board finds extenuating circumstances that justifiably
prevented the person from applying within the time required. The
board shall adopt rules specifying the extenuating circumstances that
must be shown before a waiver may be granted under this subsection. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-2 Calculation of disability benefit
Sec. 2. (a) The monthly classroom disability benefit paid under
section 1 of this chapter is determined in STEP THREE of the
following formula:
STEP ONE: Subtract five (5) from the total years of service
credit earned by the member before the date of the member's
disability.
STEP TWO: Multiply the remainder determined under STEP
ONE by five dollars ($5).
STEP THREE: Add the STEP TWO result and one hundred
twenty-five dollars ($125).
(b) A classroom disability benefit payment is charged against the
retirement allowance account.
(c) Classroom disability benefits may not begin until ordered by
the board after the member undergoes a medical examination by a
physician selected by the board. If the medical examination
conducted by a physician selected and paid by the board establishes
to the board's satisfaction that the disability no longer exists, the
member may not receive a classroom disability benefit.
(d) If a member on a classroom disability benefit refuses to submit
at least annually to a medical examination by a physician selected by
the board, the board shall discontinue the member's benefits until the
member withdraws the refusal. If the refusal continues for at least
one (1) year, the member may forfeit the right to receive classroom
disability benefits.
(e) To the extent required by the federal Americans with
Disabilities Act, the transcripts, reports, 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) This section shall be administered in a manner that is
consistent with the federal Americans with Disabilities Act, to the
extent required by the Act. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-3 Deduction from death benefits
Sec. 3. (a) If a member dies while on a classroom disability
benefit, the member's total classroom disability benefit payments are
deducted from the funds that are paid to the member's estate or
designated beneficiary.
(b) If a member stops receiving a classroom disability benefit,
returns to teaching, and dies before retirement, the member's total
classroom disability benefit payments are deducted from any death
benefit payable to the member's estate or designated beneficiary. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-4 Election to terminate disability benefit at retirement age
Sec. 4. After reaching sixty-five (65) years of age or an earlier
retirement date selected by the member, the member may request that
the member's classroom disability benefit payments cease and the
member's retirement benefits begin. A member's retirement benefits
may not be reduced because the member received classroom
disability benefits. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-5 Prohibition against mandatory retirement age
Sec. 5. The state or a school corporation may not enforce a
mandatory retirement age against members employed in the public
schools. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-6 Eligibility for retirement benefits
Sec. 6. A member is eligible for retirement benefits as specified
in IC 5-10.2-4. As added by P.L.2-2006, SEC.28. IC 5-10.4-5-7 Member-legislators
Sec. 7. (a) As used in this section, "member-legislator" means a
member who has at least:
(1) twenty (20) years of service credit as a teacher; and
(2) ten (10) years of service in the general assembly.
(b) Notwithstanding IC 5-10.2-4-3 or IC 5-10.2-4-3.1, in
computing the pension for a member-legislator, the average of the
annual compensation is the sum of the salaries in any one (1) year for
a member-legislator's:
(1) position covered by the fund; and
(2) service in the general assembly. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-8 Designation of retirement date
Sec. 8. (a) A member who:
(1) has ceased employment in the public schools; and
(2) is eligible for retirement benefits;
shall designate a retirement date as described in IC 5-10.2-4-1.
(b) A member who chooses to begin receiving retirement benefits
at the time the member ceases employment is entitled to receive the
proportionate amount of the member's monthly benefit for the month
in which the cessation occurred.
(c) Annually the board may require a member to execute an
affidavit stating the member's eligibility for a retirement benefit. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-9 Schedule; initial pension benefit
Sec. 9. (a) The fund shall make a member's first pension benefit
payment not more than ninety (90) days after the date the member
completes and files an application for retirement benefits.
(b) After the first pension benefit payment and except as provided
under IC 5-10.2-4-7(f), a person entitled to benefits shall receive a
retirement benefit payment by the tenth day of each month. As added by P.L.2-2006, SEC.28. Amended by P.L.115-2009,
SEC.17.
IC 5-10.4-5-10 Cancellation of uncashed benefit check
Sec. 10. (a) If a benefit check issued by the fund is outstanding
and unpaid for more than six (6) months after the date the check is
issued, the benefit check is canceled.
(b) A benefit check canceled under subsection (a) may not be
honored, cashed, or accepted for payment or deposit by an
individual, a bank, a trust company, a savings association, or any
other financial institution or person.
(c) The cancellation of a benefit check under this section does not
discharge the fund's obligation to pay the benefit for which the
canceled benefit check was issued. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-11 Payment options
Sec. 11. A member may have the member's retirement benefits
paid under the options specified in IC 5-10.2-4-7. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-12 Death before retirement; payment of benefits
Sec. 12. If a member dies before retirement, the member's benefits
are paid as specified in IC 5-10.2-3-7.5, IC 5-10.2-3-7.6, and
IC 5-10.2-3-8. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-13 Calculation of benefit; teaching after initial retirement
Sec. 13. IC 5-10.2-4-8 applies to the reemployment of a retired
member. As added by P.L.2-2006, SEC.28. Amended by P.L.72-2007, SEC.9;
P.L.76-2008, SEC.6; P.L.115-2009, SEC.18.
IC 5-10.4-5-14 Benefits; exemption from legal process
Sec. 14. (a) The benefits payable from the fund are exempt from
seizure or levy on attachment, supplemental process, and all other
processes.
(b) A member's transfer of a benefit payment is void. However, a
member may assign benefits for paying:
(1) premiums on a group, life, hospitalization, surgical, or
medical insurance plan maintained in whole or in part by a state
agency; and
(2) dues to any association that proves to the board's satisfaction
that the association has as members at least twenty percent
(20%) of the number of retired members of the fund. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-15 Termination of benefits; grounds
Sec. 15. (a) The board may stop a member's benefit if the member
does any of the following while receiving the benefit:
(1) Fails to report for a required examination, unless excused by
the board.
(2) Disobeys the requirements of the board regarding the
examination.
(3) Refuses to repay an overpayment of benefits.
(b) The board also may stop a member's benefit if the board has
reasonable cause to believe that:
(1) the member has died; or
(2) in the case of a member receiving disability benefits under
IC 5-10.2-4-6 or classroom disability benefits under section 1
of this chapter, the member no longer has a disability. As added by P.L.2-2006, SEC.28. Amended by P.L.99-2007, SEC.18.
IC 5-10.4-5-16 Retirement before July 1, 1975; limitations on reductions in
benefits
Sec. 16. The computation of benefits described in section 2 of this
chapter applies to benefits payable on and after July 1, 1975, and
includes benefits payable to members who retired or whose
employment was terminated before that date. However, a member's
benefits may not be reduced below the amount paid to the member
before July 1, 1975. The benefits for a member who retired before
January 1, 1956, shall be computed by multiplying fifteen dollars
($15) by the member's years of service and then actuarially adjusting
the product obtained to take into account a member's early retirement
and the retirement option selected by a member using the factors in
effect on July 1, 1975. As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-17 Claims of error
Sec. 17. A member may petition the board to correct an error in
the determination of the member's:
(1) creditable service; or
(2) benefit;
at any time. The petition must contain the necessary information to
sustain the member's claim of error. The board shall investigate the
claim and, if an error is found, shall order the member's records
corrected. If no error is found and the member petitioned the board
to correct the error within six (6) years after the determination of the
member's creditable service or benefit, the member may appeal the
board's decision under IC 4-21.5. As added by P.L.99-2010, SEC.8.
