Authority: IC 5-10.5-4-2; IC 36-8-8-5

Affected: IC 36-8-8-8.3

Sec. 5. (a) Under various provisions under IC 36-8-8, eligible members of the 1977 Fund may purchase service.

(b) The cost to purchase such service shall be the total actuarial cost of the service. The fund shall provide the eligible fund member with information with respect to the cost of such service.

(c) An eligible fund member may purchase such service subject to the following:

1. (1) Service may be purchased in one (1) month increments. The minimum service purchase is one (1) year for a member who elects to purchase service through installment payments.
2. (2) Payments are made under the terms and conditions of the finance agreement.
3. (3) Any such purchase may be made via a direct cash payment, a direct rollover as allowed by statute, or a combination of both.
4. (4) Any direct rollover may not exceed the actual cost of such service as established by the fund.
5. (5) Payment may be made in a lump sum or annual installments for a period not to exceed five (5) years. Any installment may bear interest at the actuarial assumed interest rate effective on the date of the first installment. Any payments are subject to applicable Internal Revenue Service limits, and the fund may deny an application or may limit any payments in a manner necessary to comply with these limits.

(d) In the event of a payment default under the terms of the finance agreement, a partial service credit amount will be determined by the 1977 Fund. The partial service credit amount will be based on the payments made as of the date of payment default and the actuarial cost of the service. The minimum amount of partial service credit will be one (1) month. Partial service will be credited in monthly increments. The fund member is not eligible to make service purchase payments after the date of the payment default.

(e) Any interest rate used will be determined by INPRS.

(f) In the event any annual payment is not timely made, allowing for a thirty (30) day grace period, the payment will be deemed in default under the terms of the finance agreement. The fund member is not eligible to make service purchase payments after the date of the payment default.

(g) If the member does not choose periodic payments, a lump sum payment must be received within ninety (90) days of the member receiving the cost letter. In the event the lump sum payment is not timely made, allowing for a thirty (30) day grace period, the payment will be deemed in default under the terms of the finance agreement. The fund member is not eligible to make service purchase payments after the date of the payment default.

(Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-1-5; adopted Feb 19, 2010: 20100310-IR-035100124ONA; adopted Nov 19, 2010: 20101208-IR-035100722ONA; adopted Dec 13, 2013: 20131225-IR-035130565ONA)