Ind. Code § 5-10.3-6-8 – Withdrawal of political subdivision

(a) As used in this section, "withdrawing political subdivision" means a political subdivision that takes an action described in subsection (b).
(b) Subject to the provisions of this section, a political subdivision may do the following:
1. (1) Stop its participation in the fund and withdraw all of the political subdivision's employees from participation in the fund.
2. (2) Withdraw a departmental, an occupational, or other definable classification of employees from participation in the fund.
3. (3) Stop the political subdivision's participation in the fund by:
  1. (A) selling all of the political subdivision's assets; or
  2. (B) ceasing to exist as a political subdivision.
(c) The withdrawal of a political subdivision's participation in the fund is effective on a termination date established by the board. The termination date may not occur before all of the following have occurred:
1. (1) The withdrawing political subdivision has provided written notice of the following to the board:
  1. (A) The withdrawing political subdivision's intent to cease participation.
  2. (B) The names of the withdrawing political subdivision's current employees and former employees as of the date on which the notice is provided.
2. (2) The expiration of:
  1. (A) a ninety (90) day period following the filing of the notice with the board, for a withdrawing political subdivision that sells all of the withdrawing political subdivision's assets or that ceases to exist as a political subdivision; or
  2. (B) a two (2) year period following the filing of the notice with the board, for all other withdrawing political subdivisions.
3. (3) The withdrawing political subdivision takes all actions required in subsections (d) through (g).
(d) With respect to retired members who have creditable service with the withdrawing political subdivision, the withdrawing political subdivision must contribute to the fund any additional amounts that the board determines are necessary to provide for reserves with sufficient assets to pay all future benefits from the fund to those retired members attributable to service with the withdrawing political subdivision. The contribution by the withdrawing political subdivision must be made in a lump sum or in a series of payments over a term determined by the board that does not exceed thirty (30) years.
(e) A member who is an employee of the political subdivision as of the date of the notice under subsection (c) is vested in the pension portion of the member's retirement benefit. The withdrawing political subdivision must contribute to the fund the amount the board determines is necessary to fund fully the vested benefit attributable to service with the withdrawing political subdivision. The contribution by the withdrawing political subdivision must be made in a lump sum or in a series of payments over a term determined by the board that does not exceed thirty (30) years.
(f) A member who is covered by subsection (e) and who is at least sixty-five (65) years of age may elect to retire under IC 5-10.2-4-1 even if the member has fewer than ten (10) years of service. The benefit for the member shall be computed under IC 5-10.2-4-4 using the member's actual years of service.
(g) With respect to members of the fund who have creditable service with the withdrawing political subdivision and who are not employees as of the date of the notice under subsection (c), the withdrawing political subdivision must contribute the amount that the board determines is necessary to fund fully the service for those members that is attributable to service with the withdrawing political subdivision. The contribution by the withdrawing political subdivision must be made in a lump sum or in a series of payments over a term determined by the board that does not exceed thirty (30) years.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.28-1984, SEC.5; P.L.22-1993, SEC.4; P.L.241-2015, SEC.16.