Section 5-10-12-3 - Eligibility(a) Subject to subsections (b) and (c), an employee who:(1) has at least ten (10) years of creditable service with a state agency;(2) retires after June 30, 2000; and(3) has accrued and unused sick days, vacation days, or personal days on the employee's retirement date; is entitled to have the amounts specified in section 5 of this chapter deposited by the state into a cafeteria plan under Section 125 of the Internal Revenue Code.
(b) The provisions of this chapter requiring the department to make deposits into a cafeteria plan on behalf of retired employees described in subsection (a) apply only if the department has received from the Internal Revenue Service any approvals or rulings that the department considers necessary or appropriate for the cafeteria plan.(c) The provisions of this chapter requiring the department to make deposits into a cafeteria plan on behalf of retired employees described in subsection (a) do not apply if the plan described in IC 5-10-1.1-7.5(b) is implemented and the deferred compensation committee has received from the Internal Revenue Service any rulings or determination letters that the committee considers necessary or appropriate for the plan described in IC 5-10-1.1-7.5(b).As added by P.L. 195-1999, SEC.8. Amended by P.L. 184-2001, SEC.7.