(a) This section does not apply to:

1. (1) members of the general assembly; or
2. (2) employees covered by section 3 of this chapter.

(b) As used in this section, "employees of the state" includes:

1. (1) employees of the judicial circuits whose compensation is paid from state funds;
2. (2) elected and appointed state officers;
3. (3) prosecuting attorneys and deputy prosecuting attorneys of the judicial circuits, whose compensation is paid in whole or in part from state funds, including participants in the prosecuting attorneys retirement fund established under IC 33-39-7 ;
4. (4) employees in the classified service;
5. (5) employees of any state department, institution, board, commission, office, agency, court, or division of state government receiving state appropriations and having the authority to certify payrolls from appropriations or from a trust fund held by the treasurer of state or by any department;
6. (6) employees of any state agency that is a body politic and corporate;
7. (7) except as provided under IC 5-10.5-7-4 , employees of the board of trustees of the Indiana public retirement system;

8. (8) persons who:

   1. (A) are employed by the state;
   2. (B) have been classified as federal employees by the United States Secretary of Agriculture; and
   3. (C) are excluded from coverage as federal employees by the federal Social Security program under 42 U.S.C. 410;
9. (9) the directors and employees of county offices of family and children; and
10. (10) members and employees of the state lottery commission.

(c) An employee of the state or of a participating political subdivision who:

1. (1) became a full-time employee of the state or of a participating political subdivision in a covered position; and

2. (2) had not become a member of the fund;

   before April 1, 1988, shall on April 1, 1988, become a member of the fund unless the employee is excluded from membership under section 2 of this chapter.

(e) An individual:

1. (1) who becomes a full-time employee of a political subdivision in a covered position after June 30, 2015;
2. (2) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board to require an employee in the covered position to become a member of the fund; and

3. (3) who is not excluded from membership under section 2 of this chapter;

   becomes a member of the fund on the date the individual's employment begins.

(f) An individual:

1. (1) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in subdivision (2) that is adopted by the political subdivision has been approved by the board;

2. (2) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board:

   1. (A) to allow an employee in the covered position to become a member of the fund or a member of the public employees' defined contribution plan at the discretion of the employee; and
   2. (B) to require an employee in a covered position to make an election under IC 5-10.3-12-20.5 in order to become a member of the plan;
3. (3) who does not make an election under IC 5-10.3-12-20.5 to become a member of the public employees' defined contribution plan; and

4. (4) who is not excluded from membership under section 2 of this chapter;

   becomes a member of the fund on the date the individual's employment begins.

(g) An individual:

1. (1) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in subdivision (2) that is adopted by the political subdivision has been approved by the board;

2. (2) who is employed by a political subdivision that has elected in an ordinance or resolution adopted under IC 5-10.3-6-1 and approved by the board:

   1. (A) to allow an employee in the covered position to become a member of the fund or the public employees' defined contribution plan at the discretion of the employee; and
   2. (B) to require an employee to make an election under section 1.1 of this chapter in order to become a member of the fund;
3. (3) who does make an election under section 1.1 of this chapter to become a member of the fund; and

4. (4) who is not excluded from membership under section 2 of this chapter;

   becomes a member of the fund on the date the individual's employment begins.

(h) An individual who makes an election to participate in the fund under IC 5-10.3-12-33 becomes a member of the fund on the date the board receives the election.

As added by Acts 1977, P.L.53, SEC.3. Amended by Acts 1978, P.L.24, SEC.4; Acts 1982, P.L.37, SEC.2; P.L.41-1983, SEC.7; P.L.31-1984, SEC.1; P.L.35-1985, SEC.23; P.L.16-1986, SEC.2; P.L.61-1987, SEC.1; P.L.46-1988, SEC.6; P.L.62-1989, SEC.1; P.L.4-1993, SEC.7; P.L.5-1993, SEC.18; P.L.98-2004, SEC.67; P.L.91-2004, SEC.1; P.L.35-2012, SEC.81; P.L.195-2013, SEC.9; P.L.241-2015, SEC.19; P.L.92-2019, SEC.1; P.L.104-2026, SEC.11.