Section 35IAC1.2-4-5. Prosecuting attorneys and deputy prosecuting attorneys

   (a) All prosecuting attorneys and deputy prosecuting attorneys whose compensation was paid from state or county funds prior to July 1, 1987, are entitled to service credit and deemed to be members of the fund as set forth in these rules (35 IAC 1.2) [this article] unless and until the auditor of Indiana and the designated county officials certify to PERF that such position normally required:

(1) less than one thousand (1,000) hours of service annually on or after July 1, 1982;

(2) between six hundred (600) hours and one thousand (1,000) hours prior to July 1, 1982, and the employee did not exercise the option to become a member of the fund; or

(3) less than six hundred (600) hours and the employee was hired before July 1, 1982.

  (b) Effective July 1, 1987, prosecuting attorneys and deputies who are paid wholly or in part by state funds shall be members of PERF. All deputy prosecuting attorneys paid solely by other than state funds are eligible to be members of PERF if their positions are covered by the resolution of the governing body of the political subdivision and the other requirements for eligibility are met as set forth in these rules (35 IAC 1.2) [this article] and the statutes. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 1.2-4-5; filed Dec 20, 1988, 1:00 p.m.: 12 IR 1081; readopted filed Oct 31, 2001, 2:18 p.m.: 25 IR 897; adopted Nov 9, 2007: 20071205-IR-035070818ONA)