Section 35IAC1.2-5-27. When retirement application deemed received

   (a) A member who:

(1) receives a service credit or other determination from INPRS that inaccurately states the member's vested status or eligibility to begin receiving retirement or disability benefits; and

(2) relies on that inaccurate information to delay the member's retirement date and the filing of a retirement application;

may be eligible for a retirement date that relates back to the date the member received the inaccurate determination or the date first eligible to begin receiving benefits following the date of the inaccurate determination. INPRS may deem the retirement application received on the date of the inaccurate determination or the date first eligible to begin receiving benefits following the date of the inaccurate determination.

  (b) Subsection (a) applies only to members who:

(1) were vested or eligible to begin retirement benefits, as determined by INPRS, at the time of the inaccurate determination; and

(2) request that INPRS grant a retirement date that relates back to the date the member was first eligible for retirement benefits and follows the date of the inaccurate determination.

  (c) The member may choose a retirement date that is the first day of the month following the date the application is deemed received.

  (d) The inaccurate determination does not have to be in writing if the member can show, to the satisfaction of INPRS, the determination was inaccurate, the member relied on the determination in choosing a retirement date and filing an application, and any other elements necessary to comply with this section.

  (e) This rule is administered in accordance with IC 5-10.3-8-5, which addresses claims of errors. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 1.2-5-27; adopted Nov 4, 2016: 20161116-IR-035160500ONA)