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

2. (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. (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. (2) continue to receive the fund member's retirement benefit under this chapter.
3. (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.