CHAPTER 8. 1985 RETIREMENT, DISABILITY, AND DEATH SYSTEM
IC 33-38-8
Chapter 8. 1985 Retirement, Disability, and Death System
IC 33-38-8-1
Application of chapter
Sec. 1. This chapter applies only to an individual who:
(1) begins service as a judge after August 31, 1985;
(2) is serving as a full-time magistrate on July 1, 2010, andmakes an election under section 10.5 of this chapter; or
(3) begins service as a full-time magistrate after July 1, 2010.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.10.
IC 33-38-8-2
"Americans with Disabilities Act" defined
Sec. 2. As used in this chapter, "Americans with Disabilities Act"refers to the Americans with Disabilities Act (42 U.S.C. 12101 etseq.) and any amendments and regulations related to the act.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-3
"Board" defined
Sec. 3. As used in this chapter, "board" refers to the board oftrustees of the public employees' retirement fund.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-4
"Employer" defined
Sec. 4. As used in this chapter, "employer" means the state ofIndiana.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-5
"Fund" defined
Sec. 5. As used in this chapter, "fund" refers to the Indiana judges'retirement fund established by IC 33-38-6-12.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-6
"Internal Revenue Code" defined
Sec. 6. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect onSeptember 1, 1974, if permitted with respect to governmentalplans; or
(2) to the extent consistent with subdivision (1), has themeaning set forth in IC 6-3-1-11.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-7
"Participant" defined Sec. 7. As used in this chapter, "participant" means a judge whoparticipates in the fund. After December 31, 2010, "participant"means a judge or full-time magistrate who participates in the fund.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.11.
IC 33-38-8-8
"Salary" defined
Sec. 8. As used in this chapter, "salary" means the total salarypaid to a participant by the state and by a county or counties,determined without regard to any salary reduction agreementestablished under Section 125 of the Internal Revenue Code.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-9
"Services" defined
Sec. 9. As used in this chapter, "services" means the periodbeginning on the first day a person first becomes a judge or, afterDecember 31, 2010, a judge or full-time magistrate, and ending onthe date under consideration and includes all interveningemployment as a judge or, after December 31, 2010, a judge orfull-time magistrate.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.12.
IC 33-38-8-10
Participants
Sec. 10. (a) A person who:
(1) begins service as a judge after August 31, 1985; and
(2) is not a participant in the fund;
shall become a participant in the fund.
(b) A person who is serving as a full-time magistrate on July 1,2010, and makes an election under section 10.5 of this chapter is,beginning January 1, 2011, a participant in the judges' 1985 benefitsystem under this chapter.
(c) A person who begins serving as a full-time magistrate afterJuly 1, 2010, is a participant in the judges' 1985 benefit system underthis chapter beginning on the later of the following:
(1) January 1, 2011.
(2) The date the person begins service as a full-time magistrate.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.13.
IC 33-38-8-10.5
Magistrate election to participate in benefit system
Sec. 10.5. A person who is serving as a full-time magistrate onJuly 1, 2010, may elect to become a member of the judges' 1985benefit system under this chapter. An election under this section:
(1) must be made in writing;
(2) must be filed with the board, on a form prescribed by the
board, before October 1, 2010; and
(3) is irrevocable.
As added by P.L.122-2008, SEC.14.
IC 33-38-8-11
Contributions
Sec. 11. (a) A participant shall make contributions to this fund ofsix percent (6%) of each payment of salary received for services asjudge or, after December 31, 2010, as a judge or full-time magistrate.However, the employer may elect to pay the contribution for theparticipant as a pickup under Section 414(h) of the Internal RevenueCode.
(b) Participants' contributions, other than participants'contributions paid by the employer, shall be deducted from themonthly salary of each participant by the auditor of state and by thecounty auditor and credited to the fund as provided in IC 33-38-6-21and IC 33-38-6-22. However, a contribution is not required:
(1) because of any salary received after the participant hascontributed to the fund for twenty-two (22) years; or
(2) during any period that the participant is not serving as judgeor, after December 31, 2010, as a judge or full-time magistrate.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.15.
IC 33-38-8-12
Withdrawal of participant from fund
Sec. 12. (a) A participant who:
(1) ceases service:
(A) as a judge; or
(B) after December 31, 2010, as a judge or full-timemagistrate;
other than by death or disability; and
(2) is not eligible for a retirement benefit under this chapter;
is entitled to withdraw from the fund, beginning on the date specifiedby the participant in a written application. The date on which thewithdrawal begins may not be before the date of final termination ofemployment or the date thirty (30) days before the receipt of theapplication by the board.
(b) Upon the withdrawal, the participant is entitled to receive thetotal sum contributed, payable within sixty (60) days from the dateof the withdrawal application or in monthly installments as theparticipant may elect.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.16.
IC 33-38-8-13
Retirement benefits; termination of employment; conditions
Sec. 13. A participant whose employment as a judge or, afterDecember 31, 2010, as a judge or full-time magistrate, is terminatedis entitled to a retirement benefit computed under section 14 of this
chapter, beginning on the date specified by the participant in awritten application, if the following conditions are met:
(1) The date on which the benefit begins is not:
(A) before the date of final termination of employment of theparticipant; or
(B) the date thirty (30) days before the receipt of theapplication by the board.
(2) The participant:
(A) is at least sixty-two (62) years of age and has at leasteight (8) years of service credit;
(B) is at least fifty-five (55) years of age and the participant'sage in years plus the participant's years of service is at leasteighty-five (85); or
(C) has become permanently disabled.
(3) The participant is not receiving a salary from the state forservices currently performed as:
(A) a judge (as defined in IC 33-38-6-7); or
(B) a magistrate under IC 33-23-5.
As added by P.L.98-2004, SEC.17. Amended by P.L.28-2005, SEC.2;P.L.122-2008, SEC.17.
IC 33-38-8-14
Retirement benefits; computation of amount
Sec. 14. (a) Benefits provided under this section are subject toIC 33-38-6-13 and section 20 of this chapter.
(b) A participant who:
(1) applies for a retirement benefit; and
(2) is at least:
(A) sixty-five (65) years of age; or
(B) fifty-five (55) years of age and meets the requirementsunder section 13(2)(B) of this chapter;
is entitled to an annual retirement benefit as calculated in subsection(c).
(c) The annual retirement benefit for a participant who meets therequirements of subsection (b) equals the product of:
(1) the applicable salary determined under subsection (e);multiplied by
(2) the percentage prescribed in the following table:
Participant's Years Percentage
of Service
8 24%
9 27%
10 30%
11 33%
12 50%
13 51%
14 52%
15 53%
16 54%
17 55% 18 56%
19 57%
20 58%
21 59%
22 or more 60%
If a participant has a partial year of service in addition to at leasteight (8) full years of service, an additional percentage shall becalculated by prorating between the applicable percentages, based onthe number of months in the partial year of service.
(d) Except as provided in section 13(2)(B) of this chapter andsubsection (b)(2)(B), if a participant who applies for a retirementbenefit has not attained sixty-five (65) years of age, the participantis entitled to receive a reduced annual retirement benefit that equalsthe benefit that would be payable if the participant were sixty-five(65) years of age reduced by one-tenth percent (0.1%) for eachmonth that the participant's age at retirement precedes theparticipant's sixty-fifth birthday. This reduction does not apply to:
(1) participants who are separated from service because ofpermanent disability;
(2) survivors of participants who die while in service afterAugust 1, 1992; or
(3) survivors of participants who die while not in servicebut while entitled to a future benefit.
(e) The applicable salary is one (1) of the following:
(1) The salary that was being paid to the participant at thetime of the participant's separation from service for:
(A) a participant who applies to receive a retirementbenefit from the fund before January 1, 2010; or
(B) a participant who:
(i) before January 1, 2010, separates fromservice;
(ii) is entitled to receive a retirement benefitfrom the fund, but does not apply before January1, 2010, to receive a retirement benefit; and
(iii) does not earn any service credit in the fundafter December 31, 2009.
(2) The salary being paid for the office that the participantheld at the time of the participant's separation from servicefor a participant who:
(A) applies to receive a benefit after December 31,2009; and
(B) is not a participant described in subdivision(1)(B).
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.18.
IC 33-38-8-15
Permanent disability of participants; certification; recovery;transcripts, reports, records, and other materials
Sec. 15. (a) A participant is considered to have a permanent
disability if the board has received a written certification by at leasttwo (2) licensed and practicing physicians, appointed by the board,that:
(1) the participant is totally incapacitated, by reason ofphysical or mental infirmities, from earning a livelihood;and
(2) the condition is likely to be permanent.
(b) The participant shall be reexamined by at least two (2)physicians appointed by the board, at the times the board designatesbut at intervals not to exceed one (1) year. If, in the opinion of thesephysicians, the participant has recovered from the participant'sdisability, then benefits shall cease to be payable as of the date of theexamination unless, on that date, the participant is at least:
(1) sixty-five (65) years of age; or
(2) fifty-five (55) years of age and meets the requirementsunder section 13(2)(B) of this chapter.
(c) To the extent required by the Americans with Disabilities Act,the transcripts, reports, records, and other material generated by theinitial and periodic examinations and reviews to determine eligibilityfor disability benefits under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
As added by P.L.98-2004, SEC.17. Amended by P.L.99-2007,SEC.198.
IC 33-38-8-16
Permanent disability of participants; amount of benefits
Sec. 16. (a) Benefits provided under this section are subject toIC 33-38-6-13 and section 20 of this chapter.
(b) A participant who becomes permanently disabled is entitledto an annual benefit that equals the product of:
(1) the salary that was paid to the participant at the time ofseparation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years Percentage
of Service
0-12 50%
13 51%
14 52%
15 53%
16 54%
17 55%
18 56%
19 57%
20 58%
21 59%
22 or more 60%
If a participant has a partial year of service in addition to at leasteight (8) full years of service, an additional percentage shall becalculated by prorating between the applicable percentages, based on
the number of months in the partial year of service.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-17
Death of participant; benefits of surviving spouse or children
Sec. 17. (a) Benefits provided under this section are subject toIC 33-38-6-13 and section 20 of this chapter.
(b) The surviving spouse or child or children, as designated by theparticipant, of a participant who:
(1) dies; and
(2) on the date of death:
(A) was receiving benefits under this chapter;
(B) had completed at least eight (8) years of service and wasin service as a judge or, after December 31, 2010, as a judge orfull-time magistrate;
(C) had a permanent disability; or
(D) had completed at least eight (8) years of service, was notstill in service as a judge or, after December 31, 2010, as ajudge or full-time magistrate, and was entitled to a futurebenefit;
are entitled, regardless of the participant's ages, to the benefitprescribed by subsection (c).
(c) The surviving spouse or child or children, as designated undersubsection (b), are entitled to a benefit equal to the greater of:
(1) fifty percent (50%) of the amount of the retirement benefitthe participant was drawing at the time of death, or to which theparticipant would have been entitled had the participant retiredand begun receiving retirement benefits on the date of death,with reductions as necessary under section 14(d) of this chapter;or
(2) the amount determined under the following table:
Year Amount
July 1, 1995, to
June 30, 1996 $10,000
July 1, 1996, to
June 30, 1997 $11,000
July 1, 1997, and
thereafter $12,000
(d) The benefit payable to a surviving spouse or surviving childor children under subsection (c) is subject to the following:
(1) A surviving spouse is entitled to receive the benefit for life.
(2) The total monthly benefit payable to a surviving child orchildren is equal to the same monthly benefit that was to havebeen payable to the surviving spouse.
(3) If there is more than one (1) child designated by theparticipant, then the children are entitled to share the benefit inequal monthly amounts.
(4) A child entitled to a benefit shall receive that child's shareuntil the child becomes eighteen (18) years of age or during theentire period of the child's physical or mental disability,
whichever period is longer.
(5) Upon the cessation of benefits to one (1) designated child,if there are one (1) or more other children then surviving andstill entitled to benefits, the remaining children shall shareequally the benefit. If the surviving spouse of the participant issurviving upon the cessation of benefits to all designatedchildren, the surviving spouse shall then receive the benefit forthe remainder of the spouse's life.
(6) The benefit shall be payable to the participant's survivingspouse if any of the following occur:
(A) No child or children named as a beneficiary by aparticipant survives the participant.
(B) No child or children designated by the participant is orare entitled to a benefit due to the age of the child orchildren at the time of death of the participant.
(C) A designation is not made.
(7) A benefit payable to a surviving child or children may bepaid to a trust or a custodian account under IC 30-2-8.5,established for the surviving child or children as designated bythe participant.
As added by P.L.98-2004, SEC.17. Amended by P.L.99-2007,SEC.199; P.L.122-2008, SEC.19.
IC 33-38-8-18
Death of participant; benefits of dependent children
Sec. 18. (a) Benefits provided under this section are subject toIC 33-38-6-13 and section 20 of this chapter.
(b) If a participant's spouse does not survive the participant, andthere is no child designated and entitled to receive a benefit undersection 17 of this chapter, any surviving dependent child of aparticipant is, upon the death of the participant, entitled to a benefitequal to the benefit the participant's spouse would have receivedunder section 17 of this chapter.
(c) If a surviving spouse of a decedent participant dies and adependent child of the surviving spouse and the decedent participantsurvives them, the dependent child is entitled to receive a benefitequal to the benefit the spouse was receiving or would have receivedunder section 17 of this chapter.
(d) If there is more than one (1) dependent child, then thedependent children are entitled to share the benefit equally.
(e) A dependent child is entitled to receive the child's share untilthe child becomes eighteen (18) years of age or during the entireperiod of the child's physical or mental disability, whichever periodis longer.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-19
Death of participant; payments when no benefits payable tosurvivors
Sec. 19. (a) Benefits provided under this section are subject to
IC 33-38-6-13.
(b) If benefits are not payable to the survivors of a participant whodies, and if a withdrawal application is filed with the board, the totalof the participant's contributions plus interest (as determined by theboard) minus any payments made to the participant shall be paid to:
(1) the surviving spouse of the participant or a child or childrenof the participant, as designated by the participant;
(2) any other dependent or dependents of the participant, if aspouse or designated child or children does or do not survive;or
(3) the participant's estate, if a spouse, designated child orchildren, or other dependent does or do not survive.
(c) The amount owed a spouse, designated child or children, orother dependent or dependents, or estate under subsection (b) ispayable within sixty (60) days from the date of receipt of thewithdrawal application or in the monthly installments as the recipientelects.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-20
Maximum annual benefit under Internal Revenue Code
Sec. 20. Notwithstanding any other provision of this chapter,benefits paid under this chapter may not exceed the maximum annualbenefit specified by Section 415 of the Internal Revenue Code.
As added by P.L.98-2004, SEC.17.
IC 33-38-8-21
Service credit; contributions for service as judge or full-timemagistrate
Sec. 21. (a) A judge or, after December 31, 2010, a judge orfull-time magistrate, is entitled to a month of service credit forservices performed in any fraction of a calendar month. However, ajudge or, after December 31, 2010, a judge or full-time magistrate,is not entitled to more than one (1) month of credit for servicesperformed in a calendar month.
(b) Except as otherwise provided in this chapter, if a judge iselected or appointed and serves one (1) or more terms or part of aterm then retires from office but at a later period or periods isappointed or elected and serves as judge, the judge shall pay into thefund during all the periods served as judge, whether the periods areserved consecutively or not.
(c) Except as otherwise provided in this chapter, a judge is notrequired to pay into the fund:
(1) at any time when the judge is not serving as judge; or
(2) during any period of service as a senior judge underIC 33-23-3.
(d) Except as otherwise provided in this chapter, after December31, 2010, a full-time magistrate:
(1) shall pay into the fund during all periods served as afull-time magistrate, whether the periods are served
consecutively or not; and
(2) is not required to pay into the fund at any time when themagistrate is not serving as a full-time magistrate.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.20.
IC 33-38-8-22
Judge's credit for service as full-time referee or commissioner;credit for pre-2011 service as full-time magistrate; rolloverdistributions; trustee to trustee transfers
Sec. 22. (a) This section applies to a person who:
(1) is a judge participating under this chapter;
(2) was appointed by a court to serve as a full-time referee,full-time commissioner, or, before January 1, 2011, full-timemagistrate, either:
(A) before becoming a judge; or
(B) after leaving an elected term on the bench;
(3) was a member of the public employees' retirement fundduring the employment described in subdivision (2); and
(4) received credited service under the public employees'retirement fund for the employment described in subdivision(2).
(b) If a person becomes a participant as a judge in the judges'1985 benefit system under section 1 of this chapter, credit for serviceby the judge as a full-time referee, full-time commissioner, or, beforeJanuary 1, 2011, full-time magistrate shall be granted under thischapter by the board if:
(1) the service was credited under the public employees'retirement fund;
(2) the state contributes to the judges' 1985 benefit system theamount the board determines necessary to amortize the serviceliability over a period determined by the board, but not morethan ten (10) years; and
(3) the judge pays in a lump sum or in a series of paymentsdetermined by the board, not exceeding five (5) annualpayments, the amount the judge would have contributed if thejudge had been a member of the judges' 1985 benefit systemduring the service.
(c) If the requirements of subsection (b)(2) and (b)(3) are notsatisfied, a participant is entitled to credit only for years of serviceearned as a participant in the judges' 1985 benefit system.
(d) An amortization schedule for contributions paid undersubsection (b)(2) or (b)(3) must include interest at a rate determinedby the board.
(e) The following provisions apply to a person described insubsection (a):
(1) A minimum benefit applies to participants receiving creditin the judges' 1985 benefit system from service covered by thepublic employees' retirement fund. The minimum benefit ispayable at sixty-five (65) years of age or when the participant
is at least fifty-five (55) years of age and meets therequirements under section 13(2)(B) of this chapter and equalsthe actuarial equivalent of the vested retirement benefit that is:
(A) payable to the member at normal retirement underIC 5-10.2-4-1 as of the day before the transfer; and
(B) based solely on:
(i) creditable service;
(ii) the average of the annual compensation; and
(iii) the amount credited under IC 5-10.2 and IC 5-10.3 tothe annuity savings account of the transferring member asof the day before the transfer.
(2) If the requirements of subsection (b)(2) and (b)(3) aresatisfied, the board shall transfer from the public employees'retirement fund to the judges' 1985 benefit system the amountcredited to the annuity savings account and the present value ofthe retirement benefit payable at sixty-five (65) years of age orat least fifty-five (55) years of age under section 13(2)(B) ofthis chapter that is attributable to the transferring participant.
(3) The amount the state and the participant must contribute tothe judges' 1985 benefit system under subsection (b) shall bereduced by the amount transferred to the judges' 1985 benefitsystem by the board under subdivision (2).
(4) If the requirements of subsection (b)(2) and (b)(3) aresatisfied, credit for service in the public employees' retirementfund as a full-time referee, full-time commissioner, or, beforeJanuary 1, 2011, full-time magistrate is waived. Any credit forthe service under the judges' 1985 benefit system may begranted only under subsection (b).
(f) To the extent permitted by the Internal Revenue Code and theapplicable regulations, the judges' 1985 benefit system may accept,on behalf of a participant who is purchasing permissive service creditunder subsection (b), a rollover of a distribution from any of thefollowing:
(1) A qualified plan described in Section 401(a) or Section403(a) of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b)of the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a politicalsubdivision of a state, or an agency or instrumentality of a stateor political subdivision of a state under Section 457(b) of theInternal Revenue Code.
(4) An individual retirement account or annuity described inSection 408(a) or Section 408(b) of the Internal Revenue Code.
(g) To the extent permitted by the Internal Revenue Code and theapplicable regulations, the judges' 1985 benefit system may accept,on behalf of a participant who is purchasing permissive service creditunder subsection (b), a trustee to trustee transfer from any of thefollowing:
(1) An annuity contract or account described in Section 403(b)of the Internal Revenue Code. (2) An eligible deferred compensation plan under Section457(b) of the Internal Revenue Code.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.21.
IC 33-38-8-22.5
Magistrate's credit for service as full-time referee orcommissioner; credit for pre-2011 service as full-time magistrate;rollover distributions; trustee to trustee transfers
Sec. 22.5. (a) This section applies after December 31, 2010, onlyto a person who:
(1) is a full-time magistrate participating under this chapter;
(2) was appointed by a court to serve as:
(A) a full-time referee or full-time commissioner; or
(B) before January 1, 2011, a full-time magistrate;
(3) was a member of the public employees' retirement fundduring the employment described in subdivision (2); and
(4) received credited service under the public employees'retirement fund for the employment described in subdivision(2).
(b) If a person becomes a participant as a full-time magistrate inthe judges' 1985 benefit system under section 1 of this chapter, creditfor service by the magistrate as a full-time referee, full-timecommissioner, or, before January 1, 2011, full-time magistrate shallbe granted under this chapter by the board if:
(1) the service was credited under the public employees'retirement fund; and
(2) the magistrate pays in a lump sum or in a series of paymentsdetermined by the board, not exceeding five (5) annualpayments, the amount determined by the actuary for the judges'1985 benefit system as the total cost of the service.
(c) If the requirements of subsection (b) are not satisfied, aparticipant is entitled to credit only for years of service earned as aparticipant in the judges' 1985 benefit system.
(d) An amortization schedule for contributions paid under thissection must include interest at a rate determined by the board.
(e) The following provisions apply to a person described insubsection (a):
(1) A minimum benefit applies to participants receiving creditin the judges' 1985 benefit system from service covered by thepublic employees' retirement fund. The minimum benefit ispayable at sixty-five (65) years of age or when the participantis at least fifty-five (55) years of age and meets therequirements under section 13(2)(B) of this chapter and equalsthe actuarial equivalent of the vested retirement benefit that is:
(A) payable to the member at normal retirement underIC 5-10.2-4-1 as of the day before the transfer; and
(B) based solely on:
(i) creditable service;
(ii) the average of the annual compensation; and (iii) the amount credited under IC 5-10.2 and IC 5-10.3 tothe annuity savings account of the transferring member asof the day before the transfer.
(2) If the requirements of subsection (b) are satisfied, the boardshall transfer from the public employees' retirement fund to thejudges' 1985 benefit system the amount credited to the annuitysavings account and the present value of the retirement benefitpayable at sixty-five (65) years of age or at least fifty-five (55)years of age under section 13(2)(B) of this chapter that isattributable to the transferring participant.
(3) The amount the participant must contribute to the judges'1985 benefit system under subsection (b) shall be reduced bythe amount transferred to the judges' 1985 benefit system by theboard under subdivision (2).
(4) If the requirements of subsection (b) are satisfied, credit forservice in the public employees' retirement fund as a full-timereferee, full-time commissioner, or before July 1, 2010,full-time magistrate is waived. Any credit for the service underthe judges' 1985 benefit system may be granted only undersubsection (b).
(f) To the extent permitted by the Internal Revenue Code and theapplicable regulations, the judges' 1985 benefit system may accept,on behalf of a participant who is purchasing permissive service creditunder subsection (b), a rollover of a distribution from any of thefollowing:
(1) A qualified plan described in Section 401(a) or Section403(a) of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b)of the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a politicalsubdivision of a state, or an agency or instrumentality of a stateor political subdivision of a state under Section 457(b) of theInternal Revenue Code.
(4) An individual retirement account or annuity described inSection 408(a) or Section 408(b) of the Internal Revenue Code.
(g) To the extent permitted by the Internal Revenue Code and theapplicable regulations, the judges' 1985 benefit system may accept,on behalf of a participant who is purchasing permissive service creditunder subsection (b), a trustee to trustee transfer from any of thefollowing:
(1) An annuity contract or account described in Section 403(b)of the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section457(b) of the Internal Revenue Code.
As added by P.L.122-2008, SEC.22.
IC 33-38-8-23
Credit for prior service as member of Indiana public employees'retirement fund; rollover distributions; trustee to trustee transfers
Sec. 23. (a) This section applies only to a person who: (1) is:
(A) a judge; or
(B) after December 31, 2010, a judge or full-time magistrate;
participating under this chapter;
(2) before becoming:
(A) a judge; or
(B) after December 31, 2010, a judge or full-time magistrate;
was a member of a public employees' retirement fund;
(3) received credited service under a public employees'retirement fund for the employment described in subdivision(2), and the credited service is not eligible for service creditunder section 22 or 22.5 of this chapter;
(4) has not attained vested status under a public employees'retirement fund for the employment described in subdivision(2); and
(5) has at least eight (8) years of service credit in the judges'retirement system.
(b) If a person becomes a participant in the judges' 1985 benefitsystem under this chapter, credit for service described in subsection(a) shall be granted under this chapter by the board if:
(1) the prior service was credited under a public employees'retirement fund; and
(2) the judge or full-time magistrate pays in a lump sum or in aseries of payments determined by the board, not exceeding five(5) annual payments, the amount determined by the actuary forthe judges' 1985 benefit system as the total cost of the service.
(c) If the requirements of subsection (b) are not satisfied, aparticipant is entitled to credit only for years of service after the dateof participation in the judges' 1985 benefit system.
(d) An amortization schedule for contributions paid under thissection must include interest at a rate determined by the board.
(e) If the requirements of subsection (b) are satisfied, theappropriate board shall transfer from the retirement fund describedin subsection (a)(2) to the judges' 1985 benefit system the amountcredited to the judge's or full-time magistrate's annuity savingsaccount and the present value of the retirement benefit payable atsixty-five (65) years of age that is attributable to the transferringparticipant.
(f) The amount a participant must contribute to the judges' 1985benefit system under subsection (b) shall be reduced by the amounttransferred to the judges' 1985 benefit system by the appropriateboard under subsection (e).
(g) If the requirements of subsection (b) are satisfied, credit forprior service in a public employees' retirement fund is waived.
(h) To the extent permitted by the Internal Revenue Code and theapplicable regulations, the judges' 1985 benefit system may accept,on behalf of a participant who is purchasing permissive service creditunder subsection (b), a rollover of a distribution from any of thefollowing:
(1) A qualified plan described in Section 401(a) or Section
403(a) of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b)of the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a politicalsubdivision of a state, or an agency or instrumentality of a stateor political subdivision of a state under Section 457(b) of theInternal Revenue Code.
(4) An individual retirement account or annuity described inSection 408(a) or Section 408(b) of the Internal Revenue Code.
(i) To the extent permitted by the Internal Revenue Code and theapplicable regulations, the judges' 1985 benefit system may accept,on behalf of a participant who is purchasing permissive service creditunder subsection (b), a trustee to trustee transfer from any of thefollowing:
(1) An annuity contract or account described in Section 403(b)of the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section457(b) of the Internal Revenue Code.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008,SEC.23.
IC 33-38-8-24
Cost of living adjustments payable after December 31, 2007, andDecember 31, 2008
Sec. 24. (a) This subsection applies to participants, survivors, andbeneficiaries receiving benefits as of December 31, 2007. Theamount of the monthly benefit received by a participant, survivor, orbeneficiary as of December 31, 2007, shall be increased by twopercent (2%). The increase under this subsection applies to monthlybenefits paid after December 31, 2007.
(b) This subsection applies to participants, survivors, andbeneficiaries receiving benefits as of December 31, 2008. Theamount of the monthly benefit received by a participant, survivor, orbeneficiary as of December 31, 2008, shall be increased by twopercent (2%). The increase under this subsection applies to monthlybenefits paid after December 31, 2008.
As added by P.L.68-2007, SEC.2.
IC 33-38-8-25
Cost of living adjustments for certain participants
Sec. 25. (a) This section applies:
(1) only to a participant:
(A) who applies to receive a retirement benefit from the fundbefore January 1, 2010; or
(B) who:
(i) before January 1, 2010, separates from service;
(ii) is entitled to receive a retirement benefit from the fundbut does not apply before January 1, 2010, to receive aretirement benefit; and
(iii) does not earn any service credit in the fund after
December 31, 2009; and
(2) only in state fiscal years beginning after June 30, 2010.
(b) If a salary increase is provided in a particular state fiscal yearunder IC 33-38-5-8.1, the monthly benefit payable under this chapterto a participant described in subsection (a) shall be increased by thesame percentage by which salaries are increased underIC 33-38-5-8.1(b) in that state fiscal year. The percentage increaseshall be applied to the monthly benefit (including any previousincreases to the monthly benefit received under this section or underany other provision) received by the participant as of June 30 of theimmediately preceding state fiscal year. The percentage increase tothe monthly benefit takes effect at the same time that the salaryincrease under IC 33-38-5-8.1 takes effect.
(c) This subsection applies only if:
(1) a salary increase is not provided in a particular state fiscalyear under IC 33-38-5-8.1; and
(2) the salary of a judge is increased under IC 33-38-5-6,IC 33-38-5-8, or any other provision enacted by the generalassembly in the state fiscal year.
The monthly benefit payable under this chapter to a participantdescribed in subsection (a) shall be increased by the same percentageby which the salary being paid for the office that the participant heldat the time of the participant's separation from service is increasedunder IC 33-38-5-6, IC 33-38-5-8, or any other provision enacted bythe general assembly. The percentage increase shall be applied to themonthly benefit (including any previous increases to the monthlybenefit received under this section or under any other provision)received by the participant as of June 30 of the immediatelypreceding state fiscal year. The percentage increase to the monthlybenefit takes effect at the same time that the salary increase underIC 33-38-5-6, IC 33-38-5-8, or any other provision enacted by thegeneral assembly takes effect.
(d) An increase payable under this section may not include anyamount based on the percentage by which any salary provided by acounty or counties under IC 36-2-5-14 or IC 36-3-6-3(c) is increased.
As added by P.L.122-2008, SEC.24.