Authority: IC 5-10.4-8-4; IC 5-10.5-4-2

Affected: IC 5-10.4-8-16

Sec. 5. (a) "In service", for purposes of availability of account distribution under the plan, means that the participant was in an employer- employee relationship as determined by the employer within established rules of the employer.

(b) To be eligible to receive disability benefits, the participant must be receiving salary, worker's compensation benefits, employer-provided income protection benefits, or be on leave under the Family and Medical Leave Act on the date the Social Security Administration (SSA) determines the participant becomes disabled.

(c) For the purposes of IC 5-10.4-8-16:

1. (1) "while receiving a salary" includes the last check date for a participant, but does not include any checks or compensation received later than thirty (30) days from the last day the participant was paid for physical work, for used sick time, for used compensatory time, or while on other leave or vacation; or
2. (2) a participant will be deemed to be "receiving a salary" for a period of thirty (30) days from the last day the participant was paid for work, for used sick time, for used compensatory time, or for other leave or vacation; or for the participant's termination of employment related to the illness or injury resulting in the disability and not more than thirty (30) days has elapsed between the employment termination date and SSA disability onset date. INPRS in its sole discretion will determine whether there was a relationship between the injury or illness causing the disability and the termination of covered employment by the participant. Example one: Donna becomes ill while in service in a covered position and exhausts all leaves and terminates employment due to the illness on July 1. Because of this illness, Donna received a SSA disability onset of July 28 of the same year. Donna meets the "while receiving a salary" definition because there was nexus between the illness and her employment and the onset date is within thirty (30) days of termination. Example two: Mary terminated covered service on July 1 and was paid her final compensation on July 15; on July 28 Mary is involved in an automobile accident while on vacation causing a disability. Mary does not meet the requirement for disability benefits because there is no nexus between the cause of the disability and work and she was not otherwise receiving salary or on leave.

(Board of Trustees of the Indiana Public Retirement System; 35 IAC 14.1-6-5; adopted May 3, 2019: 20190515-IR- 035190262ONA)