Section 35IAC1.2-1-5. Confidentiality of fund records administered by the Indiana public retirement system

   (a) This rule applies to all pension trust funds administered by INPRS.

  (b) INPRS fund records of individual members and membership information are confidential, except as provided in IC 5-10.5-6-4. INPRS may in its sole discretion provide member records or membership information to members of the Indiana general assembly or their agents when such information is necessary to accomplish legal functions of such members of the general assembly, or to:

(1) state agencies pursuant to and in accordance with the Fair Information Practices Act when such information is necessary to accomplish the statutory functions of such agencies;

(2) independent bodies corporate and politic to accomplish statutory functions of such independent bodies so long as such independent bodies are contractually bound by a confidentiality agreement approved by INPRS and where in INPRS' sole discretion determines there is a necessity to provide such records;

(3) service providers who contract with INPRS so long as such service providers are contractually bound by a confidentiality agreement approved by INPRS and where in INPRS' sole discretion determines there is a necessity to provide such records;

(4) any person with express permission of the member, the member's attorney in fact, or guardian of the member established under the Indiana Probate Code;

(5) an active member's covered employer where in INPRS' sole discretion determines there is a necessity to provide such records so long as such employers are contractually bound by a confidentiality agreement approved by INPRS;

(6) the designated beneficiary or beneficiaries of a deceased member, personal representative of a deceased member with letters of [sic] testamentary, or to a person pursuant to an affidavit described in IC 29-1-8-1 or IC 29-1-8-1.5; however, such release of information is limited to the information required to be released by statute or is necessary to accomplish the legal functions of the personal representative or the affiant; or

(7) comply with state or federal law, subpoena, discovery pursuant to the Indiana rules of trial procedure or the Indiana Orders and Procedures Act, or other court order.

(Board of Trustees of the Indiana Public Retirement System; 35 IAC 1.2-1-5; adopted Feb 17, 2012: 20120222-IR-035120095ONA)