Authority: IC 5-10.3-12-18; IC 5-10.5-4-2

Affected: IC 5-10.3-6-1; IC 5-10.3-7-1; IC 5-10.3-12-1

Sec. 2. (a) An employee's participation in the fund or the plan is determined by the employer classification of a participant's position, in the employer resolution on file with INPRS.

(b) Except as provided in subsection (d), a participant with only prior fund service shall become a member of the fund, only if the employer offers fund membership to that participant's position. If an employer requires all new employees to become members of the fund, the employee becomes a member of the fund regardless of the member's service or participation history.

(c) Except as provided in subsection (d), a participant with only prior plan service shall become a member of the plan, only if the employer offers plan membership to that participant's position. If an employer requires all new employees to become members of the plan, the employee becomes a member of the plan regardless of the member's service or participation history.

(d) A participant with both prior fund service and prior plan service shall become a member of the plan, only if the employer offers plan membership to that participant's position. If an employer offers new employees a choice between fund or plan membership, the new employee may choose membership in either the fund or the plan, regardless of the employee's PERF service or participation history. The employee's choice is irrevocable. Once an employee makes a decision between the fund or the plan with a specific employer, that employee will not receive another choice if later reemployed with that specific employer.

(e) An employer may require all new employees without prior PERF service or participation to enter into only either the fund or plan. The same employer may allow new employees with prior PERF service or years of participation a choice between plan and fund membership.

(f) A previous PERF covered state employee rehired by the state who did not have a previous opportunity to elect plan participation with the state may make the irrevocable election to participate in the plan under same terms and conditions as a newly hired first-time PERF covered state employee.

(g) Political subdivisions may designate whether employees or volunteer firefighters who are retired from the fund may be enrolled in the plan within an ordinance or resolution. If the political subdivision does not explicitly allow employees or volunteer firefighters who are retired from the fund to be enrolled in the plan within the resolution or ordinance, then employees and volunteer firefighters who have retired from the fund are prohibited from participation in the plan.

(h) A volunteer firefighter with a participating political subdivision shall become a member of the plan unless otherwise excluded by retirement fund law.

(Board of Trustees of the Indiana Public Retirement System; 35 IAC 1.3-4-2; adopted Sep 11, 2015: 20150923-IR-035150302ONA; adopted Nov 4, 2016: 20161116-IR-035160500ONA; adopted Jun 26, 2020: 20200708-IR-035200360ONA)