Sec. 27. (a) If a member dies:

(1) while in service in a position covered by the plan but not in the line of duty; or

Terms Used In Indiana Code 5-10.3-12-27

  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: has the meaning set forth in Indiana Code 5-10.3-12-4
  • Dependent: A person dependent for support upon another.
  • dies in the line of duty: has the meaning set forth in IC 5-10-11-2. See Indiana Code 5-10.3-12-6
  • employer: means the state or a participating political subdivision. See Indiana Code 5-10.3-12-8
  • fund: has the meaning set forth in Indiana Code 5-10.3-12-10
  • 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
(2) after terminating service in a position covered by the plan but before withdrawing the member’s account;

to the extent that the member is vested, the member’s account shall be paid to the beneficiary or beneficiaries designated by the member on a form prescribed by the board. The amount paid shall be valued as provided in IC 5-10.2-2-3 and IC 5-10.2-2-4 (expired). The board shall invest the total amount in the member’s account in the stable value fund not later than thirty (30) days after receiving notification of a member’s death.

     (b) If there is no properly designated beneficiary, or if no beneficiary survives the member, the member’s account shall be paid to:

(1) the surviving spouse of the member;

(2) if there is not a surviving spouse, the surviving dependent or dependents of the member in equal shares; or

(3) if there is not a surviving spouse or dependent, the member’s estate.

     (c) The beneficiary or beneficiaries designated under subsection (a) or a survivor determined under subsection (b) may elect to have the member’s account paid as:

(1) a lump sum;

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

(3) a monthly annuity in accordance with rules of the board.

A monthly annuity is an option only on or after the beneficiary or survivor attains sixty-two (62) years of age. The board shall establish the forms of annuity by rule, in consultation with the board’s actuary. Further, the board may establish a minimum account balance or a minimum monthly payment amount that is required in order for a beneficiary or survivor to select the monthly annuity option.

     (d) If a member dies in the line of duty while in service in a covered position, the designated beneficiary or beneficiaries or the surviving spouse or dependents, as applicable, are entitled to payment of the member’s account as provided in this section. In addition, if the member was not fully vested in the employer contribution subaccount, the account is deemed to be fully vested for purposes of withdrawal under this section.

As added by P.L.22-2011, SEC.2. Amended by P.L.86-2018, SEC.18.