1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1314 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 36-8-8.5. |
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7 | 7 | | Synopsis: Deferred retirement option plan. Allows a member of the |
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8 | 8 | | 1925 police pension fund, 1937 firefighters' pension fund, 1953 police |
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9 | 9 | | pension fund (Indianapolis), or 1977 police officers' and firefighters' |
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10 | 10 | | pension and disability fund to withdraw from the deferred retirement |
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11 | 11 | | option plan (DROP) and make an election to enter the DROP for a |
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12 | 12 | | second time not earlier than three years after the date the member |
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13 | 13 | | withdraws from the DROP. Provides that a member may make an |
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14 | 14 | | election to enter the DROP only twice in the member's lifetime. |
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15 | 15 | | Effective: July 1, 2025. |
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16 | 16 | | Smith V |
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17 | 17 | | January 13, 2025, read first time and referred to Committee on Employment, Labor and |
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18 | 18 | | Pensions. |
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19 | 19 | | 2025 IN 1314—LS 6031/DI 153 Introduced |
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20 | 20 | | First Regular Session of the 124th General Assembly (2025) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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30 | 30 | | HOUSE BILL No. 1314 |
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31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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32 | 32 | | pensions. |
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33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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34 | 34 | | 1 SECTION 1. IC 36-8-8.5-10, AS AMENDED BY P.L.129-2024, |
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35 | 35 | | 2 SECTION 10 AND P.L.136-2024, SECTION 56, IS AMENDED TO |
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36 | 36 | | 3 READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. A |
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37 | 37 | | 4 member who elects to enter the DROP shall do the following: |
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38 | 38 | | 5 (1) Agree to the following: |
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39 | 39 | | 6 (A) Except as provided in clause (F), the member shall |
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40 | 40 | | 7 execute an irrevocable election to retire on the DROP |
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41 | 41 | | 8 retirement date and shall remain in active service until that |
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42 | 42 | | 9 date. |
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43 | 43 | | 10 (B) While in the DROP, the member shall continue to make |
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44 | 44 | | 11 contributions to the applicable fund under the provisions of |
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45 | 45 | | 12 that fund. |
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46 | 46 | | 13 (C) The member shall elect a DROP retirement date not less |
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47 | 47 | | 14 than twelve (12) months and not more than: |
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48 | 48 | | 15 (i) thirty-six (36) months after the member's DROP entry |
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49 | 49 | | 16 date, for a member who executes an election described in |
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50 | 50 | | 17 clause (A) before July 1, 2024; or |
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51 | 51 | | 2025 IN 1314—LS 6031/DI 153 2 |
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52 | 52 | | 1 (ii) sixty (60) months after the member's DROP entry date, |
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53 | 53 | | 2 for a member who executes an election described in clause |
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54 | 54 | | 3 (A) after June 30, 2024. |
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55 | 55 | | 4 (D) The member may not remain in the DROP after the date |
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56 | 56 | | 5 the member reaches any mandatory retirement age that may |
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57 | 57 | | 6 apply to the member. |
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58 | 58 | | 7 (E) The member may make an election to enter the DROP only |
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59 | 59 | | 8 once in the member's lifetime. |
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60 | 60 | | 9 (F) The member may: |
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61 | 61 | | 10 (i) withdraw from the DROP before the DROP |
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62 | 62 | | 11 retirement date; and |
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63 | 63 | | 12 (ii) make an election to enter the DROP for a second time |
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64 | 64 | | 13 not earlier than three (3) years after the date the |
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65 | 65 | | 14 member withdrew from the DROP. |
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66 | 66 | | 15 (2) Notify the member's employer of the DROP election within |
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67 | 67 | | 16 thirty (30) days of the election. |
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68 | 68 | | 17 SECTION 2. IC 36-8-8.5-10.5, AS ADDED BY P.L.129-2024, |
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69 | 69 | | 18 SECTION 11 AND P.L.136-2024, SECTION 57, IS AMENDED TO |
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70 | 70 | | 19 READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) |
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71 | 71 | | 20 Notwithstanding section 10 of this chapter, a member that entered the |
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72 | 72 | | 21 DROP before July 1, 2024, and that has not exited or withdrawn from |
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73 | 73 | | 22 the DROP may elect to extend the member's DROP retirement date up |
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74 | 74 | | 23 to sixty (60) months after the member's DROP entry date. |
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75 | 75 | | 24 (b) A member that makes the election described in subsection (a) |
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76 | 76 | | 25 shall notify the member's employer within thirty (30) days of the |
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77 | 77 | | 26 election. |
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78 | 78 | | 27 SECTION 3. IC 36-8-8.5-10.7 IS ADDED TO THE INDIANA |
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79 | 79 | | 28 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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80 | 80 | | 29 [EFFECTIVE JULY 1, 2025]: Sec. 10.7. If a member makes an |
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81 | 81 | | 30 election to enter the DROP for a second time as set forth in section |
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82 | 82 | | 31 10(1)(F) of this chapter, the: |
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83 | 83 | | 32 (1) DROP entry date; and |
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84 | 84 | | 33 (2) DROP retirement date; |
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85 | 85 | | 34 are based on the member's most recent DROP election. |
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86 | 86 | | 35 SECTION 4. IC 36-8-8.5-14, AS AMENDED BY P.L.129-2024, |
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87 | 87 | | 36 SECTION 12 AND P.L.136-2024, SECTION 58, IS AMENDED TO |
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88 | 88 | | 37 READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) |
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89 | 89 | | 38 Subject to subsection (b), a member who enters the DROP established |
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90 | 90 | | 39 by this chapter shall exit the DROP at the earliest of: |
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91 | 91 | | 40 (1) the member's DROP retirement date; |
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92 | 92 | | 41 (2) either: |
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93 | 93 | | 42 (A) thirty-six (36) months after the member's DROP entry |
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94 | 94 | | 2025 IN 1314—LS 6031/DI 153 3 |
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95 | 95 | | 1 date, if the member: |
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96 | 96 | | 2 (i) executes an election described in section 10 of this |
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97 | 97 | | 3 chapter before July 1, 2024; and |
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98 | 98 | | 4 (ii) does not execute an extension described in section 10.5 |
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99 | 99 | | 5 of this chapter; or |
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100 | 100 | | 6 (B) sixty (60) months after the member's DROP entry date, if |
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101 | 101 | | 7 the member: |
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102 | 102 | | 8 (i) executes an election described in section 10 of this |
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103 | 103 | | 9 chapter after June 30, 2024; or |
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104 | 104 | | 10 (ii) executes an extension described in section 10.5 of this |
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105 | 105 | | 11 chapter; |
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106 | 106 | | 12 (3) the mandatory retirement age applicable to the member, if |
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107 | 107 | | 13 any; or |
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108 | 108 | | 14 (4) the date the member retires because of a disability as provided |
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109 | 109 | | 15 under section 16.5(d) of this chapter; or |
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110 | 110 | | 16 (5) the date the member withdraws from the DROP under |
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111 | 111 | | 17 section 10(1)(F) of this chapter. |
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112 | 112 | | 18 (b) A member of the 1925 fund, the 1937 fund, or the 1953 fund |
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113 | 113 | | 19 who enters the DROP established by this chapter must exit the DROP |
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114 | 114 | | 20 on the date the authority of the board of trustees of the Indiana public |
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115 | 115 | | 21 retirement system to distribute from the pension relief fund established |
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116 | 116 | | 22 under IC 5-10.3-11-1 to units of local government (described in |
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117 | 117 | | 23 IC 5-10.3-11-3) amounts determined under IC 5-10.3-11-4.7 expires. |
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118 | 118 | | 2025 IN 1314—LS 6031/DI 153 |
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