Authority: IC 5-10.5-4-2; IC 5-10-8.5-11

Affected: IC 5-10-8-6; IC 5-10-8.5; IC 10-12-1-3; IC 33-23-5-10; IC 33-38-5-7; IC 33-39-6-2

Sec. 3. (a) Employees eligible to participate in the plan is governed by IC 5-10-8.5-1 and this section.

(b) An employee is eligible to participate in the plan if the employee is classified as a full-time employee by their employer and falls under one (1) of the following categories:

1. (1) Employees of the executive, legislative, or judicial branch of state government except as provided in subsection (c).
2. (2) State-elected officers.
3. (3) Officers appointed to fill state-elected office vacancies.
4. (4) Members of the general assembly.
5. (5) Elected officers paid by the state.
6. (6) Officers paid by the state under IC 33-23-5-10, IC 33-38-5-7, or IC 33-39-6-2.
7. (7) Employees of the state police department who waived coverage under a common and unified plan of self-insurance provided under IC 5-10-8-6 prior to July 1, 2011.
8. (8) Employees of the state police department who make a timely election to participate under subsection (d) as provided under IC 5-10-8.5-9.5 or IC 5-10-8.5-9.6.

(c) The following individuals are not eligible to participate in the plan:

1. (1) Conservation officers of the department of natural resources.
2. (2) Employees of the state excise police.
3. (3) Employees of the state police department other than those described in subsection (b)(7) and (b)(8).

(d) State police employees must:

1. (1) provide INPRS satisfactory evidence of the waiver under (b)(7) [subsection (b)(7)];

2. (2) have made a one (1) time irrevocable election to participate in the plan between July 1, 2011, and August 31, 2011, if the employee:

   1. (A) is a former employee of the executive, legislative, or judicial branch of state government (other than an employee described in subsection (c));
   2. (B) left employment described in subdivision (d)(2)(A) [clause (A)] after June 30, 2007, and before July 1, 2011, and was subsequently employed by the state police department in a job classification which precludes eligibility for benefits as defined in IC 10-12-1- 3 (related to participation in the state police pension and benefit programs); and
   3. (C) remains employed by the state police department on July 1, 2011, in a job classification which precludes the employee's eligibility for benefits as defined in IC 10-12-1-3, and such individual will be an eligible employee as defined in subsection (b)(8).
3. If such individual eligible to make the election under this subsection does not make such election in the time prescribed, such individual will not be a participant in the plan with respect to service as an employee of the state police department. Any service with the state police department after June 30, 2011, will not be included for any purpose under this plan. An individual electing to participate in the plan under this subsection cannot also be a participant in any retiree medical benefit plan or program maintained by or under the auspices of the state police department.

4. (3) make an election to participate in the plan not later than sixty (60) days after the individual becomes an employee of the state police department in a job classification which precludes eligibility for benefits as defined in IC 10-12-1-3 if the person:

   1. (A) is a former employee of the executive, legislative, or judicial branch of state government (other than an employee described in subsection (c));
   2. (B) left employment described in clause (A) after June 30, 2011; and
   3. (C) subsequently becomes employed by the state police department in a job classification which precludes eligibility for benefits as defined in IC 10-12-1-3 (related to participation in the state police pension and benefit programs).
5. If such election is not made for an individual under this subsection, the right to make the election under subsection (b)(8) shall be forfeited. An individual electing to participate in the plan under this subsection cannot also be a participant in any retiree medical benefit plan or program maintained by or under the auspices of the state police department.

(Board of Trustees of the Indiana Public Retirement System; 35 IAC 23-1-3; adopted Sep 10, 2021: 20210915-IR- 035210420ONA)