Section 35IAC1.2-5-1.4. Election, appointment to elected position, or service in other position not covered by PERF or TRF

  4. A PERF or TRF member who is a state elected official or who is a person appointed to a state elected position in a position not covered by PERF or TRF, and otherwise meets the criteria set forth in IC 5-10.2-4-8.2 may make an election to begin receiving PERF or TRF benefits while holding the position in accordance with and pursuant to IC 5-10.2-4-8.2. For example, Judge Smith worked as a deputy attorney general in a PERF covered position for twenty (20) years. He was elected as a superior court judge and immediately left his PERF covered position to serve as a judge and is participating in the judges' retirement system. While serving as a judge, he may make the election to begin receiving his PERF retirement benefit if he meets the requirements of IC 5-10.2-4-8.2. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 1.2-5-1.4; adopted Mar 6, 2015: 20150318-IR-035150060ONA)