Introduced Version SENATE BILL No. 206 _____ DIGEST OF INTRODUCED BILL Citations Affected: Noncode. Synopsis: Thirteenth check. Provides for a thirteenth check in 2022 for certain members of the: (1) Indiana state teachers' retirement fund; (2) public employees' retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system. Effective: July 1, 2022. Niezgodski January 6, 2022, read first time and referred to Committee on Appropriations. 2022 IN 206—LS 6393/DI 144 Introduced Second Regular Session of the 122nd General Assembly (2022) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2021 Regular Session of the General Assembly. SENATE BILL No. 206 A BILL FOR AN ACT concerning pensions. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. [EFFECTIVE JULY 1, 2022] (a) As used in this 2 SECTION, "fund" refers to the Indiana state teachers' retirement 3 fund established by IC 5-10.4-2-1. 4 (b) Not later than October 1, 2022, either the fund or the state 5 general fund, or both, shall pay the amount determined under 6 subsection (c) to a member of the fund (or to a survivor or 7 beneficiary of a member) who retired or was disabled on or before 8 December 1, 2021, and who is entitled to receive a monthly benefit 9 on July 1, 2022. The amount is not an increase in the pension 10 portion of the monthly benefit. 11 (c) The amount paid under subsection (b) to a member of the 12 fund (or to a survivor or beneficiary of a member) who meets the 13 requirements of subsection (b) is determined as follows: 14 If a Member's Creditable The Amount Is: 15 Service Is: 16 At least 5 years, but less than 10 years $150 17 (only in the case of a member receiving 18 disability retirement benefits) 2022 IN 206—LS 6393/DI 144 2 1 At least 10 years, but less than 20 years $275 2 At least 20 years, but less than 30 years $375 3 At least 30 years $450 4 (d) The creditable service used to determine the amount paid to 5 a member (or to a survivor or beneficiary of a member) under 6 subsection (b) is the creditable service that was used to compute the 7 member's retirement benefit under IC 5-10.2-4-4, except that 8 partial years of creditable service may not be used to determine the 9 amount paid under subsection (b). 10 (e) If two (2) or more survivors or beneficiaries of a member are 11 entitled to an amount paid under subsection (b), the amount shall 12 be allocated to the survivors or beneficiaries in shares using the 13 same percentages as the percentages determined under 14 IC 5-10.2-3-7.5 or IC 5-10.4-4-10 to pay the monthly benefit to the 15 survivors or beneficiaries. 16 (f) The fund may not use employer contributions to make the 17 payments required under subsection (b) unless, and only to the 18 extent that, the amounts necessary to make the payments required 19 under subsection (b) exceed the amounts appropriated in the state 20 budget for the biennium beginning July 1, 2021, for the purposes 21 described in subsection (b). 22 (g) This SECTION expires January 1, 2023. 23 SECTION 2. [EFFECTIVE JULY 1, 2022] (a) As used in this 24 SECTION, "fund" refers to the public employees' retirement fund 25 established by IC 5-10.3-2-1. 26 (b) Not later than October 1, 2022, either the fund or the state 27 general fund, or both, shall pay the amount determined under 28 subsection (c) to a member of the fund (or to a survivor or 29 beneficiary of a member) who retired or was disabled on or before 30 December 1, 2021, and who is entitled to receive a monthly benefit 31 on July 1, 2022. The amount is not an increase in the pension 32 portion of the monthly benefit. 33 (c) The amount paid under subsection (b) to a member of the 34 fund (or to a survivor or beneficiary of a member) who meets the 35 requirements of subsection (b) is determined as follows: 36 If a Member's Creditable The Amount Is: 37 Service Is: 38 At least 5 years, but less than 10 years $150 39 (only in the case of a member receiving 40 disability retirement benefits) 41 At least 10 years, but less than 20 years $275 42 At least 20 years, but less than 30 years $375 2022 IN 206—LS 6393/DI 144 3 1 At least 30 years $450 2 (d) The creditable service used to determine the amount paid to 3 a member (or to a survivor or beneficiary of a member) under 4 subsection (b) is the creditable service that was used to compute the 5 member's retirement benefit under IC 5-10.2-4-4, except that 6 partial years of creditable service may not be used to determine the 7 amount paid under subsection (b). 8 (e) If two (2) or more survivors or beneficiaries of a member are 9 entitled to an amount paid under subsection (b), the amount shall 10 be allocated to the survivors or beneficiaries in shares using the 11 same percentages as the percentages determined under 12 IC 5-10.2-3-7.5 or IC 5-10.3-8-15 to pay the monthly benefit to the 13 survivors or beneficiaries. 14 (f) The fund may not use employer contributions to make the 15 payments required under subsection (b) unless, and only to the 16 extent that, the amounts necessary to make the payments required 17 under subsection (b) exceed the amounts appropriated in the state 18 budget for the biennium beginning July 1, 2021, for the purposes 19 described in subsection (b). 20 (g) This SECTION expires January 1, 2023. 21 SECTION 3. [EFFECTIVE JULY 1, 2022] (a) As used in this 22 SECTION, "participant" has the meaning set forth in 23 IC 5-10-5.5-1. 24 (b) As used in this SECTION, "plan" refers to the state excise 25 police, gaming agent, gaming control officer, and conservation 26 enforcement officers' retirement plan created by IC 5-10-5.5-2. 27 (c) Not later than October 1, 2022, either the plan or the state 28 general fund, or both, shall pay the amount determined under 29 subsection (d) to a plan participant (or to a survivor or beneficiary 30 of a plan participant) who retired or was disabled on or before 31 December 1, 2021, and who is entitled to receive a monthly benefit 32 on July 1, 2022. The amount is not an increase in the annual 33 retirement allowance. 34 (d) The amount paid under subsection (c) to a plan participant 35 (or to a survivor or beneficiary of a plan participant) who meets 36 the requirements of subsection (c) is determined as follows: 37 If a Plan Participant's Creditable The Amount Is: 38 Service Is: 39 At least 5 years, but less than 10 years $150 40 (only in the case of a member receiving 41 disability retirement benefits) 42 At least 10 years, but less than 20 years $275 2022 IN 206—LS 6393/DI 144 4 1 At least 20 years, but less than 30 years $375 2 At least 30 years $450 3 (e) The creditable service used to determine the amount paid to 4 a plan participant (or to a survivor or beneficiary of a plan 5 participant) under subsection (c) is the creditable service that was 6 used to compute the plan participant's retirement allowance under 7 IC 5-10-5.5-10 and IC 5-10-5.5-12, except that partial years of 8 creditable service may not be used to determine the amount paid 9 under subsection (c). 10 (f) If two (2) or more survivors or beneficiaries of a plan 11 participant are entitled to an amount paid under subsection (c), the 12 amount shall be allocated to the survivors or beneficiaries in shares 13 using the same percentages as the percentages determined under 14 IC 5-10-5.5-16 to pay the monthly benefit to the survivors or 15 beneficiaries. 16 (g) The plan may not use employer contributions to make the 17 payments required under subsection (c) unless, and only to the 18 extent that, the amounts necessary to make the payments required 19 under subsection (c) exceed the amounts appropriated in the state 20 budget for the biennium beginning July 1, 2021, for the purposes 21 described in subsection (c). 22 (i) This SECTION expires January 1, 2023. 23 SECTION 4. [EFFECTIVE JULY 1, 2022] (a) As used in this 24 SECTION, "trustee" has the meaning set forth in IC 10-12-1-10. 25 (b) As used in this SECTION, "trust fund" has the meaning set 26 forth in IC 10-12-1-11. 27 (c) Not later than October 1, 2022, the trustee shall pay from the 28 trust fund to each employee beneficiary of the state police pre-1987 29 benefit system covered by IC 10-12-3 who: 30 (1) retired or was disabled before July 2, 2021; and 31 (2) is entitled to receive a monthly benefit as of September 1, 32 2022; 33 an amount equal to one percent (1%) of the maximum basic annual 34 pension amount payable to a retired state police employee in the 35 grade of trooper who has completed twenty (20) years of service as 36 of July 1, 2022, as calculated under IC 10-12-3-7. 37 (d) The amount paid under this SECTION is not an increase in 38 the monthly pension amount of an employee beneficiary. 39 (e) The trustee may not use employer contributions to make the 40 payments required under subsection (c) unless, and only to the 41 extent that, the amounts required to make the payments under 42 subsection (c) exceed the appropriations in the state budget for the 2022 IN 206—LS 6393/DI 144 5 1 biennium beginning July 1, 2021, for the purposes described in 2 subsection (c). 3 (f) This SECTION expires January 1, 2023. 4 SECTION 5. [EFFECTIVE JULY 1, 2022] (a) As used in this 5 SECTION, "trustee" has the meaning set forth in IC 10-12-1-10. 6 (b) As used in this SECTION, "trust fund" has the meaning set 7 forth in IC 10-12-1-11. 8 (c) Not later than October 1, 2022, the trustee shall pay from the 9 trust fund to each employee beneficiary of the state police 1987 10 benefit system covered by IC 10-12-4 who: 11 (1) retired or was disabled after June 30, 1987, and before 12 July 2, 2021; and 13 (2) is entitled to receive a monthly benefit as of September 1, 14 2022; 15 an amount equal to one percent (1%) of the maximum basic annual 16 pension amount payable to a retired state police employee in the 17 grade of trooper who has completed twenty-five (25) years of 18 service as of July 1, 2022, as calculated under IC 10-12-4-7. 19 (d) The amount paid under this SECTION is not an increase in 20 the monthly pension amount of an employee beneficiary. 21 (e) The trustee may not use employer contributions to make the 22 payments required under subsection (c) unless, and only to the 23 extent that, the amounts required to make the payments under 24 subsection (c) exceed the appropriations in the state budget for the 25 biennium beginning July 1, 2021, for the purposes described in 26 subsection (c). 27 (f) This SECTION expires January 1, 2023. 2022 IN 206—LS 6393/DI 144