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TRF records are confidential with the exception of a member’s name and years of service. A member's record may only be released to the member, guardian, representative of the member’s estate, someone to whom the member gives express permission, attorney-in-fact (aka Power of Attorney or POA), or someone named by court order.
A guardian is appointed by the court to oversee the legal and financial affairs (and/or the personal care) of a minor (under 18 years of age) or of an adult who is not able to manage personal affairs due to a physical or mental disability. A legally appointed guardian may conduct TRF business on behalf of the member or survivor beneficiary after providing TRF with Letters of Guardianship or other official court documents identifying and describing the powers of the guardian. TRF does not recognize acts of the guardian or the member that are inconsistent with guardianship.
TRF honors requests and direction from a lawful holder of a Power of Attorney (POA) document for a member. This individual is known as the attorney-in-fact. The Power of Attorney document must grant the attorney-in-fact the authority to transact business of the type requested.
If a member wants to name a Power of Attorney for TRF business only, the Fund provides a Power of Attorney Affidavit. However, this Power of Attorney only applies to TRF business and is not valid for general public use.
TRF requires a copy of the Power of Attorney to be approved and on file in the TRF office. If a copy of the Power of Attorney is not in the member's file, the requested transaction by the POA will be denied.
The member retains the right to act on the member’s own behalf even if powers are also granted to an attorney-in-fact.
A revocable trust is a trust whereby the member has the right to access trust funds at any time without condition.
Direct deposit retirement benefit payments may be made to a revocable trust [IC 5-10.2-4-7(e)]. A revocable trust is a trust whereby the member has the right to access trust funds at any time without condition.
TRF must have a copy of the trust instrument to ensure compliance with Indiana law or a sworn affidavit identifying the trust.
If the terms, conditions, or the designated trust payee instrument change, the member must immediately notify TRF and provide a copy of the new and amended trust instrument.
A member who intends for the death benefit to be paid to a trust must designate the trustee for the benefit of the trust as the beneficiary using the Active Member Data Change (State Form 43567). There is no restriction as to what type of trust can be designated as a beneficiary. A trust cannot be designated as a survivor beneficiary. This form is available on the INPRS Web site.
TRF is a governmental plan and is exempt from the provisions of the ERISA. Therefore, TRF does not recognize Qualified Domestic Orders (QDROs) as described in ERISA.
TRF is a governmental plan and is exempt from the provisions of the Employee Retirement Income Security Act (ERISA). Therefore, TRF does not recognize Qualified Domestic Relations Orders (QDROs) as described in ERISA.
Pursuant to IC 5-10.4-5-14, the benefits payable from the Fund are protected. This provision states the benefits due a member from TRF are exempt from seizure, levy, attachment, and other processes. Therefore, the Fund does not make any payment of a member’s benefits payable to anyone other than the member. The only exception to this rule is an action by the IRS or forfeiture for taking from an employer. This does not, however, relieve a member from otherwise complying with legal orders of a court.
For more information, contact Anthem Insurance at (866) 648-2041.
TRF sponsors a Medicare supplemental group health insurance plan available to eligible TRF retirees and spouses age 65 and over. Members under age 65 who receive a disability retirement benefit may be eligible to participate in the supplemental group health insurance plan. A member receives information on the available plan, options, and costs at age 65 or upon request.