Indiana § 36-8-8-6 - Employer contributions; reports and records

§ 36-8-8-6. Employer contributions; reports and records

Sec. 6. (a) Each employer shall annually on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, or an alternate date established by the rules of the system board, pay into the 1977 fund an amount determined by the system board:

(1) for administration expenses; and

(2) sufficient to maintain level cost funding during the period of employment on an actuarial basis for members hired after April 30, 1977.

(b) After December 31, 2011, each employer shall submit the payments required by subsection (a) by electronic funds transfer.

(c) After June 30, 2021, an employer must provide to the system board any reports or records requested by the system board. The requested reports or records must be provided to the system board:

(1) not more than thirty (30) days after the end of the calendar quarter, if applicable; or

(2) by an alternate due date established by the rules of the system board.

The reports or records requested by the system board must be provided through a secure connection over the Internet or through other electronic means specified by the system board.

(d) If the employer does not provide the reports or records specified in subsection (c), the system board may fine the employer or department one hundred dollars ($100) for each day that the reports or records are late, to be withheld under subsection (e).

(e) If an employer fails to make the payments or provide the reports and membership records as required by subsection (a) or (c) or fails to send the fund members' contributions required by section 8(a) of this chapter, the amount payable, on request of the system board, may be withheld by the state comptroller from money payable to the employer and transferred to the fund. In the alternative, the amount payable may be recovered in the circuit or superior court of the county in which the employer is located, in an action by the state on the relation of the system board, prosecuted by the attorney general.

(f) In addition to the right of recovery in subsection (e), an alleged failure of an employer to make the payments required by subsection (a) may be examined by the state board of accounts under IC 5-11-1 or by the Indiana public retirement system as necessary to confirm compliance with subsection (a).

[Pre-Local Government Recodification Citations: 19-1-17.8-4; 19-1-36.5-4.]

As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1982, P.L.33, SEC.39; P.L.13-2011, SEC.16; P.L.35-2012, SEC.118; P.L.103-2021, SEC.5; P.L.9-2024, SEC.559.