Indiana 2022 Regular Session

Indiana Senate Bill SB0206 Latest Draft

Bill / Introduced Version Filed 01/06/2022

                             
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