Sec. 11.5. (a) This subsection applies to a fund member who is less than fifty-five (55) years of age on the date on which the fund member retires. Not less than thirty (30) days after a fund member retires from a position covered by this chapter, the fund member may: (1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter; and (2) continue to receive the fund member's retirement benefit under this chapter. (b) This subsection applies to a fund member who is at least fifty-five (55) years of age on the date on which the fund member retires. In accordance with the federal Pension Protection Act of 2006 (P.L.109-280) and unless otherwise prohibited by law, a fund member may: (1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter without a minimum period of separation from employment; and (2) continue to receive the fund member's retirement benefit under this chapter. (c) This section may be implemented unless the system board receives from the Internal Revenue Service a determination that prohibits the implementation.
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