*HB1028.3*
Reprinted
February 14, 2023
HOUSE BILL No. 1028
_____
DIGEST OF HB 1028 (Updated February 13, 2023 2:12 pm - DI 144)
Citations Affected: Noncode.
Synopsis: Thirteenth check. Provides for a thirteenth check in 2023
and 2024 for certain members, participants, or beneficiaries of the: (1)
Indiana state teachers' retirement fund; (2) Indiana 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. Provides for a $50 payment in 2023 and 2024 to members of
the Indiana state teachers' retirement fund and Indiana public
employees' retirement fund, and to participants of the state excise
police, gaming agent, gaming control officer, and conservation
enforcement officers' retirement plan.
Effective: July 1, 2023.
Cherry, Karickhoff, Meltzer, Porter
January 9, 2023, read first time and referred to Committee on Employment, Labor and
Pensions.
February 2, 2023, reported — Do Pass. Referred to Committee on Ways and Means
pursuant to Rule 127.
February 9, 2023, amended, reported — Do Pass.
February 13, 2023, read second time, amended, ordered engrossed.
HB 1028—LS 6251/DI 144 Reprinted
February 14, 2023
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1028
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, 2023] (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) As used in this SECTION, "supplemental allowance reserve
5 account" refers to the supplemental allowance reserve account
6 established by IC 5-10.2-2-2(c)(3).
7 (c) Not later than October 1, 2023, the supplemental allowance
8 reserve account shall pay the amount determined under subsection
9 (e) to a member of the fund (or to a survivor or beneficiary of a
10 member) who retired or was disabled on or before December 1,
11 2022, and who is entitled to receive a monthly benefit on July 1,
12 2023. The amount is not an increase in the pension portion of the
13 monthly benefit.
14 (d) After June 30, 2024, and not later than October 1, 2024, the
15 supplemental allowance reserve account shall pay the amount
16 determined under subsection (e) to a member of the fund (or to a
17 survivor or beneficiary of a member) who retired or was disabled
18 on or before December 1, 2023, and who is entitled to receive a
HB 1028—LS 6251/DI 144 2
1 monthly benefit on July 1, 2024. The amount is not an increase in
2 the pension portion of the monthly benefit.
3 (e) The amount paid under subsection (c) or (d) to a member of
4 the fund (or to a survivor or beneficiary of a member) who meets
5 the requirements of subsection (c) or (d) is determined as follows:
6 If a Member's Creditable The Amount Is:
7 Service Is:
8 At least 5 years, but less than 10 years $150
9 (only in the case of a member receiving
10 disability retirement benefits)
11 At least 10 years, but less than 20 years $275
12 At least 20 years, but less than 30 years $375
13 At least 30 years $450
14 (f) The creditable service used to determine the amount paid to
15 a member (or to a survivor or beneficiary of a member) under
16 subsection (c) or (d) is the creditable service that was used to
17 compute the member's retirement benefit under IC 5-10.2-4-4,
18 except that partial years of creditable service may not be used to
19 determine the amount paid under subsection (c) or (d).
20 (g) If two (2) or more survivors or beneficiaries of a member are
21 entitled to an amount paid under subsection (c) or (d), the amount
22 shall be allocated to the survivors or beneficiaries in shares using
23 the same percentages as the percentages determined under
24 IC 5-10.2-3-7.5 or IC 5-10.4-4-10 to pay the monthly benefit to the
25 survivors or beneficiaries.
26 (h) Not later than October 1, 2023, either the fund or the state
27 general fund, or both, shall pay fifty dollars ($50) to a member of
28 the fund (or to a survivor or beneficiary of a member) who retired
29 or was disabled on or before December 1, 2022, and who is entitled
30 to receive a monthly benefit on July 1, 2023.
31 (i) After June 30, 2024, and not later than October 1, 2024,
32 either the fund or the state general fund, or both, shall pay fifty
33 dollars ($50) to a member of the fund (or to a survivor or
34 beneficiary of a member) who retired or was disabled on or before
35 December 1, 2023, and who is entitled to receive a monthly benefit
36 on July 1, 2024.
37 (j) This SECTION applies notwithstanding IC 5-10.2-12-4.
38 (k) This SECTION expires January 1, 2025.
39 SECTION 2. [EFFECTIVE JULY 1, 2023] (a) As used in this
40 SECTION, "fund" refers to the Indiana public employees'
41 retirement fund established by IC 5-10.3-2-1.
42 (b) As used in this SECTION, "supplemental allowance reserve
HB 1028—LS 6251/DI 144 3
1 account" refers to the supplemental allowance reserve account
2 established by IC 5-10.2-2-2(a)(3).
3 (c) Not later than October 1, 2023, the supplemental allowance
4 reserve account shall pay the amount determined under subsection
5 (e) to a member of the fund (or to a survivor or beneficiary of a
6 member) who retired or was disabled on or before December 1,
7 2022, and who is entitled to receive a monthly benefit on July 1,
8 2023. The amount is not an increase in the pension portion of the
9 monthly benefit.
10 (d) After June 30, 2024, and not later than October 1, 2024, the
11 supplemental allowance reserve account shall pay the amount
12 determined under subsection (e) to a member of the fund (or to a
13 survivor or beneficiary of a member) who retired or was disabled
14 on or before December 1, 2023, and who is entitled to receive a
15 monthly benefit on July 1, 2024. The amount is not an increase in
16 the pension portion of the monthly benefit.
17 (e) The amount paid under subsection (c) or (d) to a member of
18 the fund (or to a survivor or beneficiary of a member) who meets
19 the requirements of subsection (c) or (d) is determined as follows:
20 If a Member's Creditable The Amount Is:
21 Service Is:
22 At least 5 years, but less than 10 years $150
23 (only in the case of a member receiving
24 disability retirement benefits)
25 At least 10 years, but less than 20 years $275
26 At least 20 years, but less than 30 years $375
27 At least 30 years $450
28 (f) The creditable service used to determine the amount paid to
29 a member (or to a survivor or beneficiary of a member) under
30 subsection (c) or (d) is the creditable service that was used to
31 compute the member's retirement benefit under IC 5-10.2-4-4,
32 except that partial years of creditable service may not be used to
33 determine the amount paid under subsection (c) or (d).
34 (g) If two (2) or more survivors or beneficiaries of a member are
35 entitled to an amount paid under subsection (c) or (d), the amount
36 shall be allocated to the survivors or beneficiaries in shares using
37 the same percentages as the percentages determined under
38 IC 5-10.2-3-7.5 or IC 5-10.3-8-15 to pay the monthly benefit to the
39 survivors or beneficiaries.
40 (h) Not later than October 1, 2023, either the fund or the state
41 general fund, or both, shall pay fifty dollars ($50) to a member of
42 the fund (or to a survivor or beneficiary of a member) who retired
HB 1028—LS 6251/DI 144 4
1 or was disabled on or before December 1, 2022, and who is entitled
2 to receive a monthly benefit on July 1, 2023.
3 (i) After June 30, 2024, and not later than October 1, 2024,
4 either the fund or the state general fund, or both, shall pay fifty
5 dollars ($50) to a member of the fund (or to a survivor or
6 beneficiary of a member) who retired or was disabled on or before
7 December 1, 2023, and who is entitled to receive a monthly benefit
8 on July 1, 2024.
9 (j) This SECTION applies notwithstanding IC 5-10.2-12-4.
10 (k) This SECTION expires January 1, 2025.
11 SECTION 3. [EFFECTIVE JULY 1, 2023] (a) As used in this
12 SECTION, "participant" has the meaning set forth in
13 IC 5-10-5.5-1.
14 (b) As used in this SECTION, "plan" refers to the state excise
15 police, gaming agent, gaming control officer, and conservation
16 enforcement officers' retirement plan created by IC 5-10-5.5-2.
17 (c) As used in this SECTION, "supplemental allowance reserve
18 account" refers to the supplemental allowance reserve account
19 established by IC 5-10.2-2-2(a)(3).
20 (d) Not later than October 1, 2023, the supplemental allowance
21 reserve account shall pay the amount determined under subsection
22 (f) to a plan participant (or to a survivor or beneficiary of a plan
23 participant) who retired or was disabled on or before December 1,
24 2022, and who is entitled to receive a monthly benefit on July 1,
25 2023. The amount is not an increase in the annual retirement
26 allowance.
27 (e) After June 30, 2024, and not later than October 1, 2024, the
28 supplemental allowance reserve account shall pay the amount
29 determined under subsection (f) to a plan participant (or to a
30 survivor or beneficiary of a plan participant) who retired or was
31 disabled on or before December 1, 2023, and who is entitled to
32 receive a monthly benefit on July 1, 2024. The amount is not an
33 increase in the annual retirement allowance.
34 (f) The amount paid under subsection (d) or (e) to a plan
35 participant (or to a survivor or beneficiary of a plan participant)
36 who meets the requirements of subsection (d) or (e) is determined
37 as follows:
38 If a Plan Participant's Creditable The Amount Is:
39 Service Is:
40 At least 5 years, but less than 10 years $150
41 (only in the case of a member receiving
42 disability retirement benefits)
HB 1028—LS 6251/DI 144 5
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 (g) The creditable service used to determine the amount paid to
5 a plan participant (or to a survivor or beneficiary of a plan
6 participant) under subsection (d) or (e) is the creditable service
7 that was used to compute the plan participant's retirement
8 allowance under IC 5-10-5.5-10 and IC 5-10-5.5-12, except that
9 partial years of creditable service may not be used to determine the
10 amount paid under subsection (d) or (e).
11 (h) If two (2) or more survivors or beneficiaries of a plan
12 participant are entitled to an amount paid under subsection (d) or
13 (e), the amount shall be allocated to the survivors or beneficiaries
14 in shares using the same percentages as the percentages
15 determined under IC 5-10-5.5-16 to pay the monthly benefit to the
16 survivors or beneficiaries.
17 (i) Not later than October 1, 2023, either the plan or the state
18 general fund, or both, shall pay fifty dollars ($50) to a plan
19 participant (or to a survivor or beneficiary of a plan participant)
20 who retired or was disabled on or before December 1, 2022, and
21 who is entitled to receive a monthly benefit on July 1, 2023.
22 (j) After June 30, 2024, and not later than October 1, 2024,
23 either the plan or the state general fund, or both, shall pay fifty
24 dollars ($50) to a plan participant (or to a survivor or beneficiary
25 of a plan participant) who retired or was disabled on or before
26 December 1, 2023, and who is entitled to receive a monthly benefit
27 on July 1, 2024.
28 (k) This SECTION applies notwithstanding IC 5-10.2-12-4.
29 (l) This SECTION expires January 1, 2025.
30 SECTION 4. [EFFECTIVE JULY 1, 2023] (a) As used in this
31 SECTION, "trustee" has the meaning set forth in IC 10-12-1-10.
32 (b) As used in this SECTION, "trust fund" has the meaning set
33 forth in IC 10-12-1-11.
34 (c) Not later than October 1, 2023, the trustee shall pay from the
35 trust fund to each employee beneficiary of the state police pre-1987
36 benefit system covered by IC 10-12-3 who:
37 (1) retired or was disabled before July 2, 2022; and
38 (2) is entitled to receive a monthly benefit as of September 1,
39 2023;
40 an amount equal to one percent (1%) of the maximum basic annual
41 pension amount payable to a retired state police employee in the
42 grade of trooper who has completed twenty (20) years of service as
HB 1028—LS 6251/DI 144 6
1 of July 1, 2023, as calculated under IC 10-12-3-7.
2 (d) After September 1, 2024, and not later than October 1, 2024,
3 the trustee shall pay from the trust fund to each employee
4 beneficiary of the state police pre-1987 benefit system covered by
5 IC 10-12-3 who:
6 (1) retired or was disabled before July 2, 2023; and
7 (2) is entitled to receive a monthly benefit as of September 1,
8 2024;
9 an amount equal to one percent (1%) of the maximum basic annual
10 pension amount payable to a retired state police employee in the
11 grade of trooper who has completed twenty (20) years of service as
12 of July 1, 2024, as calculated under IC 10-12-3-7.
13 (e) The amounts paid under this SECTION are not an increase
14 in the monthly pension amount of an employee beneficiary.
15 (f) This SECTION applies notwithstanding IC 5-10.2-12-4.
16 (g) This SECTION expires January 1, 2025.
17 SECTION 5. [EFFECTIVE JULY 1, 2023] (a) As used in this
18 SECTION, "trustee" has the meaning set forth in IC 10-12-1-10.
19 (b) As used in this SECTION, "trust fund" has the meaning set
20 forth in IC 10-12-1-11.
21 (c) Not later than October 1, 2023, the trustee shall pay from the
22 trust fund to each employee beneficiary of the state police 1987
23 benefit system covered by IC 10-12-4 who:
24 (1) retired or was disabled after June 30, 1987, and before
25 July 2, 2022; and
26 (2) is entitled to receive a monthly benefit as of September 1,
27 2023;
28 an amount equal to one percent (1%) of the maximum basic annual
29 pension amount payable to a retired state police employee in the
30 grade of trooper who has completed twenty-five (25) years of
31 service as of July 1, 2023, as calculated under IC 10-12-4-7.
32 (d) After September 1, 2024, and not later than October 1, 2024,
33 the trustee shall pay from the trust fund to each employee
34 beneficiary of the state police 1987 benefit system covered by
35 IC 10-12-4 who:
36 (1) retired or was disabled after June 30, 1987, and before
37 July 2, 2023; and
38 (2) is entitled to receive a monthly benefit as of September 1,
39 2024;
40 an amount equal to one percent (1%) of the maximum basic annual
41 pension amount payable to a retired state police employee in the
42 grade of trooper who has completed twenty-five (25) years of
HB 1028—LS 6251/DI 144 7
1 service as of July 1, 2024, as calculated under IC 10-12-4-7.
2 (e) The amount paid under this SECTION is not an increase in
3 the monthly pension amount of an employee beneficiary.
4 (f) This SECTION applies notwithstanding IC 5-10.2-12-4.
5 (g) This SECTION expires January 1, 2025.
HB 1028—LS 6251/DI 144 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1028, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1028 as introduced.)
VANNATTER
Committee Vote: Yeas 13, Nays 0
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COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1028, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, line 7, delete "either the fund or the state" and insert "the
supplemental allowance reserve account".
Page 1, line 8, delete "general fund, or both,".
Page 1, line 15, delete "either the fund or the state general fund, or
both," and insert "the supplemental allowance reserve account".
Page 2, line 33, delete "the supplemental allowance" and insert
"either the fund or the state general fund, or both,".
Page 2, line 34, delete "reserve account".
Page 2, line 38, delete "the".
Page 2, line 39, delete "supplemental allowance reserve account"
and insert "either the fund or the state general fund, or both,".
Page 3, line 10, delete "either the fund or the state" and insert "the
supplemental allowance reserve account".
Page 3, line 11, delete "general fund, or both,".
Page 3, line 18, delete "either the fund or the state general fund, or
both," and insert "the supplemental allowance reserve account".
Page 4, line 12, delete "the supplemental allowance" and insert
"either the fund or the state general fund, or both,".
Page 4, line 13, delete "reserve account".
Page 4, line 17, delete "the".
Page 4, line 18, delete "supplemental allowance reserve account"
and insert "either the fund or the state general fund, or both,".
Page 4, line 34, delete "either the plan or the state" and insert "the
supplemental allowance reserve account".
HB 1028—LS 6251/DI 144 9
Page 4, line 35, delete "general fund, or both,".
Page 4, line 42, delete "either the plan or the state general fund, or
both," and insert "the supplemental allowance reserve account".
Page 5, line 38, delete "the supplemental allowance" and insert
"either the plan or the state general fund, or both,".
Page 5, line 39, delete "reserve account".
Page 6, line 1, delete "the" and insert "either the plan or the state
general fund, or both,".
Page 6, line 2, delete "supplemental allowance reserve account".
and when so amended that said bill do pass.
(Reference is to HB 1028 as printed February 2, 2023.)
THOMPSON
Committee Vote: yeas 17, nays 0.
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1028 be amended to read as
follows:
Page 2, delete lines 26 through 32.
Page 2, line 33, delete "(i)" and insert "(h)".
Page 2, line 38, delete "(j)" and insert "(i)".
Page 3, line 2, delete "(k)" and insert "(j)".
Page 3, line 3, delete "(l)" and insert "(k)".
Page 4, delete lines 5 through 11.
Page 4, line 12, delete "(i)" and insert "(h)".
Page 4, line 17, delete "(j)" and insert "(i)".
Page 4, line 23, delete "(k)" and insert "(j)".
Page 4, line 24, delete "(l)" and insert "(k)".
Page 5, delete lines 31 through 37.
Page 5, line 38, delete "(j)" and insert "(i)".
Page 6, line 1, delete "(k)" and insert "(j)".
Page 6, line 7, delete "(l)" and insert "(k)".
Page 6, line 8, delete "(m)" and insert "(l)".
Page 6, delete lines 36 through 42.
Page 7, line 1, delete "(g)" and insert "(f)".
Page 7, line 2, delete "(h)" and insert "(g)".
Page 7, delete lines 32 through 38.
HB 1028—LS 6251/DI 144 10
Page 7, line 39, delete "(g)" and insert "(f)".
Page 7, line 40, delete "(h)" and insert "(g)".
(Reference is to HB 1028 as printed February 9, 2023.)
CHERRY
HB 1028—LS 6251/DI 144