AGO 2009-2.

• Case Date: June 10, 2009
• Court: Indiana

Indiana Attorney General Opinions 2009. AGO 2009-2. June 10, 2009OFFICIAL OPINION 2009-2The Honorable William A. CrawfordHouse of Representatives Indiana State House Indianapolis, Indiana 46204 Re: Conflict in Statutory Amendments Passed During the Same Legislative SessionDear Representative Crawford: This is in response to your request for a legal opinion regarding an apparent conflict in amendments to Indiana Code 5-10.2-4-6(b) contained in Public Law 124-2008 and Public Law 131-2008, both passed by the Indiana General Assembly in 2008. This issue has arisen before and your question allows for an opportunity to clarify this with an analysis of the rules of statutory construction. Brief Answer There is an irreconcilable conflict between P.L. 124-2008 and P.L. 131-2008 concerning the effective date of an amendment to the minimum amount of disability retirement benefits payable under IC 5-10.2-4-6(b). The conflict is to be resolved in favor of the effective date specified in the later passed law which is P.L. 131-2008. Analysis The 115th Indiana General Assembly passed House Enrolled Act 1019, which became Public Law No. 124-2008. It also passed House Enrolled Act 1125, which became Public Law No. 131- 2008. Both public laws amend Indiana Code section 5-10.2-4-6 concerning public employment disability retirement benefits; however, the amendments are not identical and they have different effective dates. Your question concerns the apparent conflict between the amendments made to IC 5-10.2-4-6(b). Subsection (b), as amended by P.L. 131-2008, effective July 1, 2008, reads as follows: Benefits for disability shall be paid beginning with the month following the onset of disability as determined by the Social Security Administration. The benefit is the retirement benefit specified in section 4 of this chapter with the pension computed using only the years of creditable service worked to the date of disability and without reduction for early retirement. The monthly disability retirement benefit payable before July 1, 2008, may not be less than one hundred dollars ($100). The monthly disability retirement benefit payable after June 30, 2008, may not be less than one hundred...