{"data":{"id":"us-in/ic-5-10.3-12-1","jurisdiction":"us-in","citation":"IC 5-10.3-12-1","heading":"Applicability of chapter","body":"Sec. 1. (a) Except as otherwise provided in this section, this chapter applies to the following:\n(1) An individual who:\n(A) on or after the effective date of the plan, becomes for the first time a full-time employee of the state:\n(i) in a position that would otherwise be eligible for membership in the fund under IC 5-10.3-7; and\n(ii) who is paid by the state comptroller by salary warrants; and\n(B) makes the election described in section 20 of this chapter to become a member of the plan.\n(2) An individual:\n(A) who becomes a full-time employee of a participating political subdivision in a covered position after an ordinance or resolution described in clause (C) that is adopted by the political subdivision has been approved by the board;\n(B) who would otherwise be eligible for membership in the fund under IC 5-10.3-7; and\n(C) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board to require an employee in the covered position to become a member of the plan.\n(3) An individual:\n(A) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in clause (C) that is adopted by the political subdivision has been approved by the board;\n(B) who would otherwise be eligible for membership in the fund under IC 5-10.3-7;\n(C) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board:\n(i) to allow an employee in the covered position to become a member of the fund or a member of the plan at the discretion of the employee; and\n(ii) to require an employee in a covered position to make an election under section 20.5 of this chapter in order to become a member of the plan; and\n(D) who makes an election under section 20.5 of this chapter to become a member of the plan.\n(4) An individual:\n(A) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in clause (C) that is adopted by the political subdivision has been approved by the board;\n(B) who would otherwise be eligible for membership in the fund under IC 5-10.3-7;\n(C) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board:\n(i) to allow an employee in the covered position to become a member of the fund or a member of the plan at the discretion of the employee; and\n(ii) to require an employee to make an election under IC 5-10.3-7-1.1 in order to become a member of the fund; and\n(D) who does not make an election under IC 5-10.3-7-1.1 to become a member of the fund.\n(5) An individual who makes an election described in section 20.3 of this chapter.\n(6) An individual:\n(A) who is a retired member (as defined in IC 5-10.3-1-5) of the fund;\n(B) who is prohibited from making contributions to the fund under IC 5-10.2-4-8(e) during a period of reemployment that begins more than thirty (30) days after the member retired; and\n(C) who, on or after the date:\n(i) the state files a notice; or\n(ii) a participating political subdivision files an adopted ordinance or resolution;\nwith the board in accordance with section 32 of this chapter, begins, or is engaged in, a period of reemployment with the state or a participating political subdivision as a full-time employee more than thirty (30) days after the individual's retirement in a position that would otherwise be covered by the fund.\n(7) An individual who becomes a member of a volunteer fire department in a covered position after a political subdivision served by the volunteer fire department has elected in an ordinance or resolution adopted under IC 5-10.3-6-1.1 and approved by the board to require an individual in the covered position to become a member of the plan.\n(b) Except as provided in subsection (c), this chapter does not apply to an individual who, on or after the effective date of the plan:\n(1) becomes for the first time a full-time employee of the state in a position that would otherwise be eligible for membership in the fund under IC 5-10.3-7; and\n(2) is employed by:\n(A) a body corporate and politic of the state created by state statute; or\n(B) a state educational institution (as defined in IC 21-7-13-32).\n(c) The chief executive officer of a body or institution described in subsection (b) may elect, by submitting a written notice of the election to the director, to have this chapter apply to individuals who, as employees of the body or institution, become for the first time full-time employees of the state in positions that would otherwise be eligible for membership in the fund under IC 5-10.3-7. An election under this subsection is effective on the later of:\n(1) the date the notice of the election is received by the director; or\n(2) March 1, 2013.","path":["TITLE 5. STATE AND LOCAL ADMINISTRATION","ARTICLE 10.3. THE PUBLIC EMPLOYEES' RETIREMENT FUND","Chapter 12. Public Employees' Defined Contribution Plan"],"source_url":"https://iga.in.gov/ic/2026/Title_5.html#5-10.3-12-1","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-02T16:11:39Z","sha256":"548884124a44ece58abf539d400dc117673f4309d3d35c299e2ede5a0032a6f6","source_id":"us-in","stale":false,"prev":"us-in/ic-5-10.3-11-6","next":"us-in/ic-5-10.3-12-2"},"notice":"GroundRules: Original legal text. Not legal advice."}