Sec. 31. (a) If a member of the plan separates from employment with the member’s employer and later begins employment with the same or a different employer in a position covered by the plan:

(1) the member resumes the member’s participation in the plan; and

Terms Used In Indiana Code 5-10.3-12-31

  • account: means the plan account established for a member under section 21(b) of this chapter. See Indiana Code 5-10.3-12-2
  • employer: means the state or a participating political subdivision. See Indiana Code 5-10.3-12-8
  • member: means an individual who has elected or is required to participate in the plan. See Indiana Code 5-10.3-12-12
  • participating political subdivision: means a political subdivision which is participating in the plan as specified in Indiana Code 5-10.3-12-14.5
  • plan: refers to the public employees' defined contribution plan established by section 18 of this chapter. See Indiana Code 5-10.3-12-15
  • Political subdivision: as used in this article means a county, city, town, township, political body corporate, public school corporation, public library, public utility of a county, city, town, township, and any department of, or associated with, a county, city, town, or township, which department receives revenue independently of, or in addition to, funds obtained from taxation. See Indiana Code 5-10.3-1-6
  • years of participation: means periods of participation in the plan in a covered position, plus any additional service for which this chapter provides years of participation credit, except that the term excludes periods of participation in the plan in a covered position for service described in section 1(a)(7) of this chapter. See Indiana Code 5-10.3-12-16
(2) the member is entitled to receive credit for the member’s years of participation in the plan before the member’s separation.

Any amounts forfeited by the member under section 25(e) of this chapter may not be restored to the member’s account.

     (b) An individual who returns to state employment having had an opportunity to make an election under section 20 of this chapter during an earlier period of state employment is not entitled to a second opportunity to make an election under section 20 of this chapter.

     (c) An individual described in section 1(a)(3) of this chapter who returns to employment with a participating political subdivision having had an opportunity to make an election under section 20.5 of this chapter during an earlier period of employment with the participating political subdivision is not entitled to a second opportunity to make an election under section 20.5 of this chapter with respect to that employer.

As added by P.L.22-2011, SEC.2. Amended by P.L.241-2015, SEC.36; P.L.209-2016, SEC.7; P.L.85-2017, SEC.9.

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