(a) A member who meets all of the following requirements may elect to withdraw all or part of the amount in the member's annuity savings account:
- (1) The member has attained vested status in the fund.
- (2) The member has terminated employment with the applicable fund and is not currently employed in a covered position for the applicable fund.
- (3) The member has not performed any service in a position covered by the fund for at least thirty (30) days after the date the member terminates employment.
(4) The member makes the election described in this subsection:
- (A) after December 31, 2008, if the member is a member of the public employees' retirement fund; or
- (B) after June 30, 2009, if the member is a member of the Indiana state teachers' retirement fund.
(5) Except as provided in subsection (b), the member is not eligible for:
- (A) before July 1, 2011, a reduced or unreduced retirement; or
(B) after June 30, 2011, an unreduced retirement;
under IC 5-10.2-4 on the date the fund receives notice of the election described in this subsection.
(b) The requirement described in subsection (a)(5) does not apply to a member of the public employees' retirement fund who:
- (1) was eligible for a reduced or unreduced retirement; and
(2) received a distribution under this section;
after December 31, 2008, and before June 30, 2010.
- (c) A member who elects to withdraw all or part of the amount in the member's annuity savings account under subsection (a) shall provide notice of the election on a form provided by the board.
- (d) The election to withdraw all or part of the amount in the member's annuity savings account is irrevocable.
- (e) The board shall pay an amount withdrawn from the member's annuity savings account under this section as a lump sum.
- (f) Except as provided in subsection (g), a member who makes a withdrawal under this section is entitled to receive, when the member becomes eligible to receive and applies for a retirement benefit under IC 5-10.2-4 , a retirement benefit equal to the pension provided by employer contributions computed under IC 5-10.2-4 .
(g) A member who:
- (1) transfers creditable service earned under the fund to another governmental retirement plan under section 1(i) of this chapter; and
(2) withdraws the member's annuity savings account under this section to purchase the service;
may not use the transferred service in the computation of a retirement benefit payable under subsection (f).
As added by P.L.115-2008, SEC.8. Amended by P.L.115-2009, SEC.1; P.L.99-2010, SEC.2; P.L.13-2011, SEC.4; P.L.40-2017, SEC.6.