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Indiana General Assembly· HB 1221Public Law 226

Pension matters., the official text

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First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.

 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1221

   AN ACT to amend the Indiana Code concerning pensions.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 5-10.5-4-8, AS ADDED BY P.L.129-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) The board shall set the surcharge rates under
IC 5-10.2-12-3 at a level to actuarially prefund:

      (1) annual indexed thirteenth checks for all current retired
      members and beneficiaries retired before July 1, 2025; July 1,
      2029; and
      (2) one percent (1%) annual cost of living adjustments to future
      in-payment members and beneficiaries retired on or after July 1,
      2025. July 1, 2029.
   (b) The board shall not reduce the surcharge rates under
IC 5-10.2-12-3 from the prior year.
   (c) The board may increase the surcharge rates under IC 5-10.2-12-3
by not more than one-tenth percent (0.1%) of payroll from the prior
year.
   (d) This section expires December 31, 2029. 2031.
   SECTION 2. IC 10-12-7-3, AS ADDED BY P.L.129-2024,
SECTION 9 AND P.L.136-2024, SECTION 36, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. The
account consists of:
      (1) amounts appropriated by the general assembly;
      (2) or amounts transferred to the account by the general

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assembly; and

(3) surcharge amounts deposited under section 5 of this

chapter.

SECTION 3. IC 10-12-7-5 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2025]: Sec. 5. (a) The treasurer of state shall determine a

surcharge amount that is to be paid into the account.

(b) In establishing the surcharge, the treasurer of state shall

determine an equivalent amount to be included in the state general

fund appropriations for the supplemental allowance reserve

accounts.

(c) The surcharge shall be paid from a separate charge for both

employer and employee contributions.

SECTION 4. [EFFECTIVE JULY 1, 2025] (a) As used in this

SECTION, "fund" refers to the Indiana state teachers' retirement

fund established by IC 5-10.4-2-1.

(b) As used in this SECTION, "supplemental allowance reserve

account" refers to the supplemental allowance reserve account

established under IC 5-10.2-2-2(c)(3).

(c) Not later than October 1, 2025, the supplemental allowance

reserve account shall pay to a member of the fund (or to a survivor

or beneficiary of a member) who retired or was disabled on or

before December 1, 2024, and who is entitled to receive a monthly

benefit on July 1, 2025, the amount determined under subsection

(d) for the member of the fund. The amount is not an increase in

the pension portion of the monthly benefit.

(d) For purposes of determining the amount paid under

subsection (c) to a member of the fund (or to a survivor or

beneficiary of a member) who meets the requirements of

subsection (c), the applicable amount is determined as follows:

If a Member's Creditable                   The Amount Is:

           Service Is:

At least 5 years, but less than 10 years     $143

At least 10 years, but less than 20 years    $261

At least 20 years, but less than 30 years    $356

At least 30 years                            $428

(e) The creditable service used to determine the amount paid to

a member (or to a survivor or beneficiary of a member) under

subsection (c) is the creditable service that was used to compute the

member's retirement benefit under IC 5-10.2-4-4, except that

partial years of creditable service may not be used to determine the

amount paid under subsection (c).

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(f) If two (2) or more survivors or beneficiaries of a member are

entitled to an amount paid under subsection (c), the amount shall

be allocated to the survivors or beneficiaries in shares using the

same percentages as the percentages determined under

IC 5-10.2-3-7.5 or IC 5-10.4-4-10 to pay the monthly benefit to the

survivors or beneficiaries.

(g) This SECTION applies notwithstanding IC 5-10.2-12-4(b).

(h) This SECTION expires January 1, 2027.

SECTION 5. [EFFECTIVE JULY 1, 2025] (a) As used in this

SECTION, "fund" refers to the Indiana public employees'

retirement fund established by IC 5-10.3-2-1.

(b) As used in this SECTION, "supplemental allowance reserve

account" refers to the supplemental allowance reserve account

established under IC 5-10.2-2-2(a)(3).

(c) Not later than October 1, 2025, the supplemental allowance

reserve account shall pay to a member of the fund (or to a survivor

or beneficiary of a member) who retired or was disabled on or

before December 1, 2024, and who is entitled to receive a monthly

benefit on July 1, 2025, the amount determined under subsection

(d) for the member of the fund. The amount is not an increase in

the pension portion of the monthly benefit.

(d) For purposes of determining the amount paid under

subsection (c) to a member of the fund (or to a survivor or

beneficiary of a member) who meets the requirements of

subsection (c), the applicable amount is determined as follows:

If a Member's Creditable                   The Amount Is:

Service Is:

At least 5 years, but less than 10 years       $143

At least 10 years, but less than 20 years      $261

At least 20 years, but less than 30 years      $356

At least 30 years                              $428

(e) The creditable service used to determine the amount paid to

a member (or to a survivor or beneficiary of a member) under

subsection (c) is the creditable service that was used to compute the

member's retirement benefit under IC 5-10.2-4-4, except that

partial years of creditable service may not be used to determine the

amount paid under subsection (c).

(f) If two (2) or more survivors or beneficiaries of a member are

entitled to an amount paid under subsection (c), the amount shall

be allocated to the survivors or beneficiaries in shares using the

same percentages as the percentages determined under

IC 5-10.2-3-7.5 or IC 5-10.3-8-15 to pay the monthly benefit to the

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survivors or beneficiaries.

(g) This SECTION applies notwithstanding IC 5-10.2-12-4(b).

(h) This SECTION expires January 1, 2027.

SECTION 6. [EFFECTIVE JULY 1, 2025] (a) As used in this

SECTION, "participant" has the meaning set forth in

IC 5-10-5.5-1.

(b) As used in this SECTION, "plan" refers to the state excise

police, gaming agent, gaming control officer, and conservation

enforcement officers' retirement plan created by IC 5-10-5.5-2.

(c) As used in this SECTION, "supplemental allowance reserve

account" refers to the supplemental allowance reserve account

established under IC 5-10-5.5-4(c).

(d) Not later than October 1, 2025, the supplemental allowance

reserve account shall pay to a plan participant (or to a survivor or

beneficiary of a plan participant) who retired or was disabled on

or before December 1, 2024, and who is entitled to receive a

monthly benefit on July 1, 2025, the amount determined under

subsection (e) for the plan participant of the fund. The amount is

not an increase in the pension portion of the monthly benefit.

(e) For purposes of determining the amount paid under

subsection (d) to a plan participant (or to a survivor or beneficiary

of a plan participant) who meets the requirements of subsection

(d), the applicable amount is determined as follows:

If a Plan Participant's Creditable         The Amount Is:

                Service Is:

At least 5 years, but less than 10 years   $143

At least 10 years, but less than 20 years  $261

At least 20 years, but less than 30 years  $356

At least 30 years                          $428

(f) The creditable service used to determine the amount paid to

a plan participant (or to a survivor or beneficiary of a plan

participant) under subsection (d) is the creditable service that was

used to compute the plan participant's retirement allowance under

IC 5-10-5.5-10 and IC 5-10-5.5-12, except that partial years of

creditable service may not be used to determine the amount paid

under subsection (d).

(g) If two (2) or more survivors or beneficiaries of a plan

participant are entitled to an amount paid under subsection (d), the

amount shall be allocated to the survivors or beneficiaries in shares

using the same percentages as the percentages determined under

IC 5-10-5.5-16 to pay the monthly benefit to the survivors or

beneficiaries.

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   (h) This SECTION applies notwithstanding IC 5-10.2-12-4(b).
   (i) This SECTION expires January 1, 2027.
   SECTION 7. [EFFECTIVE JULY 1, 2025] (a) As used in this
SECTION, "trustee" has the meaning set forth in IC 10-12-1-10.
   (b) As used in this SECTION, "trust fund" has the meaning set
forth in IC 10-12-1-11.
   (c) Not later than October 1, 2025, the trustee shall pay from the
trust fund to each employee beneficiary of the state police pre-1987
benefit system covered by IC 10-12-3 who:

      (1) retired or was disabled before July 2, 2024; and
      (2) is entitled to receive a monthly benefit as of September 1,
      2025;
the amount determined under subsection (d)(2) for the employee
beneficiary of the state police pre-1987 benefit system.
   (d) For purposes of determining the amount paid under
subsection (c), the applicable amount is determined as follows:
      (1) Determine an amount equal to one percent (1%) of the
      maximum basic annual pension amount payable to a retired
      state police employee in the grade of trooper who has
      completed twenty (20) years of service as of July 1, 2025, as
      calculated under IC 10-12-3-7.
      (2) Reduce the amount determined under subdivision (1) by
      five percent (5%).
   (e) The amounts paid under this SECTION are not an increase
in the monthly pension amount of an employee beneficiary.
   (f) This SECTION applies notwithstanding IC 10-12-7-2.
   (g) This SECTION expires January 1, 2027.
   SECTION 8. [EFFECTIVE JULY 1, 2025] (a) As used in this
SECTION, "trustee" has the meaning set forth in IC 10-12-1-10.
   (b) As used in this SECTION, "trust fund" has the meaning set
forth in IC 10-12-1-11.
   (c) Not later than October 1, 2025, the trustee shall pay from the
trust fund to each employee beneficiary of the state police 1987
benefit system covered by IC 10-12-4 who:
      (1) retired or was disabled after June 30, 1987, and before
      July 2, 2024; and
      (2) is entitled to receive a monthly benefit as of September 1,
      2025;
the amount determined under subsection (d)(2) for the employee
beneficiary of the state police 1987 benefit system.
   (d) For purposes of determining the amount paid under
subsection (c), the applicable amount is determined as follows:

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      (1) Determine an amount equal to one percent (1%) of the
      maximum basic annual pension amount payable to a retired
      state police employee in the grade of trooper who has
      completed twenty-five (25) years of service as of July 1, 2025,
      as calculated under IC 10-12-4-7.
      (2) Reduce the amount determined under subdivision (1) by
      five percent (5%).
   (e) The amount paid under this SECTION is not an increase in
the monthly pension amount of an employee beneficiary.
   (f) This SECTION applies notwithstanding IC 10-12-7-2.
   (g) This SECTION expires January 1, 2027.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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