Section 35IAC4-3-1.2. Retirement benefit commencement without employer separation

  2. For retirements after the effective date of this rule, in accordance with Section 905 of the Pension Protection Act of 2006, and unless otherwise prohibited by law, a conservation, excise, or gaming participant who:

(1) is no longer working in conservation, excise, or gaming covered service with the state of Indiana;

(2) is actively working for the state of Indiana; and

(3) is working in a non-conservation, excise, or gaming covered position;

is entitled to begin receiving early or regular retirement benefits from the conservation, excise, or gaming plan if the participant is otherwise eligible for retirement and is at least fifty-five (55) years of age at the time the participant applies for retirement. For example, John is fifty-five (55) years of age and has fifteen (15) years of service as a state of Indiana conservation officer. John terminates his service as a conservation officer and immediately accepts a position with the state's department of homeland security in a PERF covered position. Since John is age and service eligible for an early conservation officer retirement benefit, is at least fifty-five (55) years of age, and has terminated his conservation officer position, he is eligible to begin receiving conservation retirement benefits even though John did not separate from state employment. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 4-3-1.2; adopted Mar 6, 2015: 20150318-IR-035150060ONA)