35 IAC 2-5-4 - Applicable disability structure; member transfers

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

Affected: IC 36-8-4-11; IC 36-8-8-7

Sec. 4.

(a) For purposes of determining which disability benefit provisions apply, the 1977 Fund shall interpret the phrase "hired for the first time" by using the member's first date of employment by the local unit where the member is currently employed. However, in the case of a fund member who directly transfers from covered employment with one (1) local unit to covered employment with another local unit, the fund member's date of employment with the first local unit shall be used.

(b) Members who directly transfer from one (1) covered employment position to another covered employment position must be reexamined under the baseline medical examination.

(c) Members who directly transfer from covered employment with one (1) local unit to covered employment with another local unit shall not be subjected to any additional preexisting conditions or excludable conditions that may be detected at the time of such transfer.

(d) Members who directly transfer from covered employment with one (1) local unit to covered employment with another local unit shall not be subjected to the maximum age limits under IC 36-8-8-7(a).

(e) For purposes of this section, "directly transfer" and "directly transfers" means the following:

(1) For those members laid off from employment pursuant to IC 36-8-4-11, a transfer between covered employment with one (1) local unit to covered employment with a different local unit occurs within the reinstatement period set forth in IC 36-8-4-11.

(2) For all other members, a transfer between covered employment with one (1) local unit to covered employment with a different local unit occurs within thirty (30) days. Furthermore, "directly transfer" and "directly transfers" shall not include any situation where the member files an application for a refund of his or her contributions from the fund.

Notes

35 IAC 2-5-4

Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-5-4; filed May 7, 1998, 4:15 p.m.: 21 IR 3329; readopted filed Oct 31, 2001, 2:21 p.m.: 25 IR 898; adopted Nov 9, 2007: 20071205-IR-035070818ONA; adopted Nov 20, 2009: 20091209-IR-035090927ONA; adopted Feb 19, 2010: 20100310-IR-035100124ONA; adopted Apr 29, 2011: 20110511-IR-035110273ONA