Sec. 11.5. (a) This subsection applies to a fund member who is less than fifty-five (55) years of age on the date on which the fund member retires. Not less than thirty (30) days after a fund member retires from a position covered by this chapter, the fund member may:

(1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter; and

(2) continue to receive the fund member’s retirement benefit under this chapter.

     (b) This subsection applies to a fund member who is at least fifty-five (55) years of age on the date on which the fund member retires. In accordance with the federal Pension Protection Act of 2006 (P.L.109-280) and unless otherwise prohibited by law, a fund member may:

(1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter without a minimum period of separation from employment; and

(2) continue to receive the fund member’s retirement benefit under this chapter.

     (c) This section may be implemented unless the system board receives from the Internal Revenue Service a determination that prohibits the implementation.

As added by P.L.130-2008, SEC.7. Amended by P.L.35-2012, SEC.125; P.L.241-2015, SEC.45.