Sec. 26. (a) After December 31, 2020, subject to the provisions of the Internal Revenue Code applicable to qualified plan distributions, a member who terminates service in a covered position is entitled to withdraw all or part of the amounts in the member’s account to the extent the member is vested in the account. A member must make a required withdrawal from the member’s account not later than the required beginning date under the Internal Revenue Code.

     (b) The member may elect to have withdrawals paid as:

Terms Used In Indiana Code 5-10.3-12-26

  • account: means the plan account established for a member under section 21(b) of this chapter. See Indiana Code 5-10.3-12-2
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • annuity savings account: means the annuity savings account maintained under Indiana Code 5-10.3-12-3
  • board: has the meaning set forth in Indiana Code 5-10.3-12-4
  • fund: has the meaning set forth in Indiana Code 5-10.3-12-10
  • Internal Revenue Code: has the meaning set forth in Indiana Code 5-10.3-12-11
  • member: means an individual who has elected or is required to participate in the plan. See Indiana Code 5-10.3-12-12
  • plan: refers to the public employees' defined contribution plan established by section 18 of this chapter. See Indiana Code 5-10.3-12-15
(1) a lump sum;

(2) a direct rollover to another eligible retirement plan; or

(3) if the member has attained normal retirement age, a monthly annuity in accordance with the rules of the board.

     (c) The board may establish a minimum account balance or a minimum monthly payment amount in order for a member to select the monthly annuity option. The board shall establish the forms of annuity by rule, in consultation with the board’s actuary. The board shall give members information about these forms of payment and any information required by federal law to accompany such distributions.

     (d) Unless otherwise required by federal or state law, the requirements and rules that apply to the distribution of the annuity savings account apply to distributions from a member’s account.

     (e) Subject to the Pension Protection Act of 2006 and notwithstanding any state law, after December 31, 2020, an active member who:

(1) reaches normal retirement age; and

(2) has attained vested status in the fund;

may withdraw all or part of the amount in the member’s account without separating from a covered position.

As added by P.L.22-2011, SEC.2. Amended by P.L.6-2012, SEC.33; P.L.66-2013, SEC.2; P.L.27-2019, SEC.9; P.L.51-2020, SEC.5.

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