Indiana 2022 Regular Session

Indiana Senate Bill SB0206 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 206
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: Noncode.
7	7	Synopsis: Thirteenth check. Provides for a thirteenth check in 2022
8	8	for certain members of the: (1) Indiana state teachers' retirement fund;
9	9	(2) public employees' retirement fund; (3) state excise police, gaming
10	10	agent, gaming control officer, and conservation enforcement officers'
11	11	retirement plan; (4) state police pre-1987 benefit system; and (5) state
12	12	police 1987 benefit system.
13	13	Effective: July 1, 2022.
14	14	Niezgodski
15	15	January 6, 2022, read first time and referred to Committee on Appropriations.
16	16	2022 IN 206—LS 6393/DI 144 Introduced
17	17	Second Regular Session of the 122nd General Assembly (2022)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2021 Regular Session of the General Assembly.
27	27	SENATE BILL No. 206
28	28	A BILL FOR AN ACT concerning pensions.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. [EFFECTIVE JULY 1, 2022] (a) As used in this
31	31	2 SECTION, "fund" refers to the Indiana state teachers' retirement
32	32	3 fund established by IC 5-10.4-2-1.
33	33	4 (b) Not later than October 1, 2022, either the fund or the state
34	34	5 general fund, or both, shall pay the amount determined under
35	35	6 subsection (c) to a member of the fund (or to a survivor or
36	36	7 beneficiary of a member) who retired or was disabled on or before
37	37	8 December 1, 2021, and who is entitled to receive a monthly benefit
38	38	9 on July 1, 2022. The amount is not an increase in the pension
39	39	10 portion of the monthly benefit.
40	40	11 (c) The amount paid under subsection (b) to a member of the
41	41	12 fund (or to a survivor or beneficiary of a member) who meets the
42	42	13 requirements of subsection (b) is determined as follows:
43	43	14 If a Member's Creditable The Amount Is:
44	44	15 Service Is:
45	45	16 At least 5 years, but less than 10 years $150
46	46	17 (only in the case of a member receiving
47	47	18 disability retirement benefits)
48	48	2022 IN 206—LS 6393/DI 144 2
49	49	1 At least 10 years, but less than 20 years $275
50	50	2 At least 20 years, but less than 30 years $375
51	51	3 At least 30 years $450
52	52	4 (d) The creditable service used to determine the amount paid to
53	53	5 a member (or to a survivor or beneficiary of a member) under
54	54	6 subsection (b) is the creditable service that was used to compute the
55	55	7 member's retirement benefit under IC 5-10.2-4-4, except that
56	56	8 partial years of creditable service may not be used to determine the
57	57	9 amount paid under subsection (b).
58	58	10 (e) If two (2) or more survivors or beneficiaries of a member are
59	59	11 entitled to an amount paid under subsection (b), the amount shall
60	60	12 be allocated to the survivors or beneficiaries in shares using the
61	61	13 same percentages as the percentages determined under
62	62	14 IC 5-10.2-3-7.5 or IC 5-10.4-4-10 to pay the monthly benefit to the
63	63	15 survivors or beneficiaries.
64	64	16 (f) The fund may not use employer contributions to make the
65	65	17 payments required under subsection (b) unless, and only to the
66	66	18 extent that, the amounts necessary to make the payments required
67	67	19 under subsection (b) exceed the amounts appropriated in the state
68	68	20 budget for the biennium beginning July 1, 2021, for the purposes
69	69	21 described in subsection (b).
70	70	22 (g) This SECTION expires January 1, 2023.
71	71	23 SECTION 2. [EFFECTIVE JULY 1, 2022] (a) As used in this
72	72	24 SECTION, "fund" refers to the public employees' retirement fund
73	73	25 established by IC 5-10.3-2-1.
74	74	26 (b) Not later than October 1, 2022, either the fund or the state
75	75	27 general fund, or both, shall pay the amount determined under
76	76	28 subsection (c) to a member of the fund (or to a survivor or
77	77	29 beneficiary of a member) who retired or was disabled on or before
78	78	30 December 1, 2021, and who is entitled to receive a monthly benefit
79	79	31 on July 1, 2022. The amount is not an increase in the pension
80	80	32 portion of the monthly benefit.
81	81	33 (c) The amount paid under subsection (b) to a member of the
82	82	34 fund (or to a survivor or beneficiary of a member) who meets the
83	83	35 requirements of subsection (b) is determined as follows:
84	84	36 If a Member's Creditable The Amount Is:
85	85	37 Service Is:
86	86	38 At least 5 years, but less than 10 years $150
87	87	39 (only in the case of a member receiving
88	88	40 disability retirement benefits)
89	89	41 At least 10 years, but less than 20 years $275
90	90	42 At least 20 years, but less than 30 years $375
91	91	2022 IN 206—LS 6393/DI 144 3
92	92	1 At least 30 years $450
93	93	2 (d) The creditable service used to determine the amount paid to
94	94	3 a member (or to a survivor or beneficiary of a member) under
95	95	4 subsection (b) is the creditable service that was used to compute the
96	96	5 member's retirement benefit under IC 5-10.2-4-4, except that
97	97	6 partial years of creditable service may not be used to determine the
98	98	7 amount paid under subsection (b).
99	99	8 (e) If two (2) or more survivors or beneficiaries of a member are
100	100	9 entitled to an amount paid under subsection (b), the amount shall
101	101	10 be allocated to the survivors or beneficiaries in shares using the
102	102	11 same percentages as the percentages determined under
103	103	12 IC 5-10.2-3-7.5 or IC 5-10.3-8-15 to pay the monthly benefit to the
104	104	13 survivors or beneficiaries.
105	105	14 (f) The fund may not use employer contributions to make the
106	106	15 payments required under subsection (b) unless, and only to the
107	107	16 extent that, the amounts necessary to make the payments required
108	108	17 under subsection (b) exceed the amounts appropriated in the state
109	109	18 budget for the biennium beginning July 1, 2021, for the purposes
110	110	19 described in subsection (b).
111	111	20 (g) This SECTION expires January 1, 2023.
112	112	21 SECTION 3. [EFFECTIVE JULY 1, 2022] (a) As used in this
113	113	22 SECTION, "participant" has the meaning set forth in
114	114	23 IC 5-10-5.5-1.
115	115	24 (b) As used in this SECTION, "plan" refers to the state excise
116	116	25 police, gaming agent, gaming control officer, and conservation
117	117	26 enforcement officers' retirement plan created by IC 5-10-5.5-2.
118	118	27 (c) Not later than October 1, 2022, either the plan or the state
119	119	28 general fund, or both, shall pay the amount determined under
120	120	29 subsection (d) to a plan participant (or to a survivor or beneficiary
121	121	30 of a plan participant) who retired or was disabled on or before
122	122	31 December 1, 2021, and who is entitled to receive a monthly benefit
123	123	32 on July 1, 2022. The amount is not an increase in the annual
124	124	33 retirement allowance.
125	125	34 (d) The amount paid under subsection (c) to a plan participant
126	126	35 (or to a survivor or beneficiary of a plan participant) who meets
127	127	36 the requirements of subsection (c) is determined as follows:
128	128	37 If a Plan Participant's Creditable The Amount Is:
129	129	38 Service Is:
130	130	39 At least 5 years, but less than 10 years $150
131	131	40 (only in the case of a member receiving
132	132	41 disability retirement benefits)
133	133	42 At least 10 years, but less than 20 years $275
134	134	2022 IN 206—LS 6393/DI 144 4
135	135	1 At least 20 years, but less than 30 years $375
136	136	2 At least 30 years $450
137	137	3 (e) The creditable service used to determine the amount paid to
138	138	4 a plan participant (or to a survivor or beneficiary of a plan
139	139	5 participant) under subsection (c) is the creditable service that was
140	140	6 used to compute the plan participant's retirement allowance under
141	141	7 IC 5-10-5.5-10 and IC 5-10-5.5-12, except that partial years of
142	142	8 creditable service may not be used to determine the amount paid
143	143	9 under subsection (c).
144	144	10 (f) If two (2) or more survivors or beneficiaries of a plan
145	145	11 participant are entitled to an amount paid under subsection (c), the
146	146	12 amount shall be allocated to the survivors or beneficiaries in shares
147	147	13 using the same percentages as the percentages determined under
148	148	14 IC 5-10-5.5-16 to pay the monthly benefit to the survivors or
149	149	15 beneficiaries.
150	150	16 (g) The plan may not use employer contributions to make the
151	151	17 payments required under subsection (c) unless, and only to the
152	152	18 extent that, the amounts necessary to make the payments required
153	153	19 under subsection (c) exceed the amounts appropriated in the state
154	154	20 budget for the biennium beginning July 1, 2021, for the purposes
155	155	21 described in subsection (c).
156	156	22 (i) This SECTION expires January 1, 2023.
157	157	23 SECTION 4. [EFFECTIVE JULY 1, 2022] (a) As used in this
158	158	24 SECTION, "trustee" has the meaning set forth in IC 10-12-1-10.
159	159	25 (b) As used in this SECTION, "trust fund" has the meaning set
160	160	26 forth in IC 10-12-1-11.
161	161	27 (c) Not later than October 1, 2022, the trustee shall pay from the
162	162	28 trust fund to each employee beneficiary of the state police pre-1987
163	163	29 benefit system covered by IC 10-12-3 who:
164	164	30 (1) retired or was disabled before July 2, 2021; and
165	165	31 (2) is entitled to receive a monthly benefit as of September 1,
166	166	32 2022;
167	167	33 an amount equal to one percent (1%) of the maximum basic annual
168	168	34 pension amount payable to a retired state police employee in the
169	169	35 grade of trooper who has completed twenty (20) years of service as
170	170	36 of July 1, 2022, as calculated under IC 10-12-3-7.
171	171	37 (d) The amount paid under this SECTION is not an increase in
172	172	38 the monthly pension amount of an employee beneficiary.
173	173	39 (e) The trustee may not use employer contributions to make the
174	174	40 payments required under subsection (c) unless, and only to the
175	175	41 extent that, the amounts required to make the payments under
176	176	42 subsection (c) exceed the appropriations in the state budget for the
177	177	2022 IN 206—LS 6393/DI 144 5
178	178	1 biennium beginning July 1, 2021, for the purposes described in
179	179	2 subsection (c).
180	180	3 (f) This SECTION expires January 1, 2023.
181	181	4 SECTION 5. [EFFECTIVE JULY 1, 2022] (a) As used in this
182	182	5 SECTION, "trustee" has the meaning set forth in IC 10-12-1-10.
183	183	6 (b) As used in this SECTION, "trust fund" has the meaning set
184	184	7 forth in IC 10-12-1-11.
185	185	8 (c) Not later than October 1, 2022, the trustee shall pay from the
186	186	9 trust fund to each employee beneficiary of the state police 1987
187	187	10 benefit system covered by IC 10-12-4 who:
188	188	11 (1) retired or was disabled after June 30, 1987, and before
189	189	12 July 2, 2021; and
190	190	13 (2) is entitled to receive a monthly benefit as of September 1,
191	191	14 2022;
192	192	15 an amount equal to one percent (1%) of the maximum basic annual
193	193	16 pension amount payable to a retired state police employee in the
194	194	17 grade of trooper who has completed twenty-five (25) years of
195	195	18 service as of July 1, 2022, as calculated under IC 10-12-4-7.
196	196	19 (d) The amount paid under this SECTION is not an increase in
197	197	20 the monthly pension amount of an employee beneficiary.
198	198	21 (e) The trustee may not use employer contributions to make the
199	199	22 payments required under subsection (c) unless, and only to the
200	200	23 extent that, the amounts required to make the payments under
201	201	24 subsection (c) exceed the appropriations in the state budget for the
202	202	25 biennium beginning July 1, 2021, for the purposes described in
203	203	26 subsection (c).
204	204	27 (f) This SECTION expires January 1, 2023.
205	205	2022 IN 206—LS 6393/DI 144