IC 4-3-3
    Chapter 3. Pensions for Former Governors and Surviving Spouses

IC 4-3-3-1
Repealed
    (Repealed by Acts 1980, P.L.9, SEC.5.)

IC 4-3-3-1.1
Retirement benefit of governor; eligibility; elections; limitations;payment
    Sec. 1.1. (a) An individual who holds the office of governor forany length of time during one (1) term of that office is entitled toreceive an annual retirement benefit under subsection (e). Provided,however, an individual who succeeds to the office of governorwithout being elected is not entitled to an annual retirement benefitunder this section unless such person serves for more than one (1)year of the term of the office.
    (b) An individual who holds the office of governor for any lengthof time during each of two (2) separate terms of that office is entitledto receive an annual retirement benefit under subsection (f).
    (c) If an individual who holds the office of governor resigns or isremoved from office, during a term of that office, for any reasonexcept a mental or physical disability that renders him unable todischarge the powers and duties of the office, then the term duringwhich he resigned or was removed may not be considered fordetermining his annual retirement benefit under this section.
    (d) The retirement benefit shall be paid in equal monthlyinstallments by the treasurer of state on warrant of the auditor ofstate after a claim has been made for the retirement benefit to theauditor by the governor or a person acting on his behalf. A governorshall choose the date on which he will begin receiving his retirementbenefit; however, the date must be the first state employee payday ofa month. A governor may not receive the retirement benefit as longas he holds an elective position with any federal, state, or localgovernmental unit, and he may not receive the retirement benefituntil he has reached at least age sixty-two (62) years. The governor'schoice of initial benefit payment date and the governor's choice ofbenefit payment amount under subsections (e) and (f) are revocableuntil the governor receives the first monthly installment of hisretirement benefit; after that installment is received, the choice ofdate and the choice of amount are irrevocable.
    (e) With respect to a governor who is entitled to a retirementbenefit under subsection (a):
        (1) if he chooses to begin receiving his retirement benefit on orafter the date he reaches age sixty-two (62) years but before hereaches age sixty-five (65) years, he may choose to receive:
            (A) the retirement benefits he is entitled to, if any, from thepublic employees' retirement fund; or
            (B) thirty percent (30%) of the governor's annual salary setin IC 4-2-1-1 for the remainder of his life; or        (2) if he chooses to begin receiving his retirement benefit on orafter the date he reaches age sixty-five (65) years, he maychoose to receive:
            (A) the retirement benefits he is entitled to, if any, from thepublic employees' retirement fund; or
            (B) forty percent (40%) of the governor's annual salary setin IC 4-2-1-1 for the remainder of his life.
    (f) With respect to a governor who is entitled to a retirementbenefit under subsection (b):
        (1) if he chooses to begin receiving his retirement benefit on orafter the date he reaches age sixty-two (62) years but before hereaches age sixty-five (65) years, he may choose to receive:
            (A) the retirement benefits he is entitled to, if any, from thepublic employees' retirement fund;
            (B) forty percent (40%) of the governor's annual salary setin IC 4-2-1-1 for the remainder of his life; or
        (2) if he chooses to begin receiving his retirement benefit on orafter the date he reaches age sixty-five (65) years, he maychoose to receive:
            (A) the retirement benefits he is entitled to, if any, from thepublic employees' retirement fund; or
            (B) fifty percent (50%) of the governor's annual salary set inIC 4-2-1-1 for the remainder of his life.
As added by Acts 1980, P.L.9, SEC.1. Amended by P.L.6-1996,SEC.1; P.L.22-1998, SEC.1.

IC 4-3-3-2
Pension of surviving spouse; election; limitations; payment
    Sec. 2. (a) The surviving spouse of each individual who:
        (1) serves as governor; and
        (2) is entitled to a retirement benefit under section 1.1 of thischapter;
is entitled to an annual pension.
    (b) The pension to which a governor's surviving spouse is entitledunder this section shall be paid in equal monthly installments by thetreasurer of state on warrant of the auditor of state after a claim hasbeen made for the pension to the auditor by:
        (1) the surviving spouse; or
        (2) a person acting on behalf of the surviving spouse.
    (c) The annual pension to which a governor's surviving spouse isentitled under this section is equal to the following:
        (1) For the surviving spouse of a governor who died before July1, 1998, the greater of:
            (A) the annual retirement benefit received by the survivingspouse during the year beginning July 1, 1998; or
            (B) ten thousand dollars ($10,000).
        (2) For the surviving spouse of a governor who dies after June30, 1998, the greater of:
            (A) fifty percent (50%) of the annual retirement benefit thatthe governor to whom the surviving spouse was married was

receiving or was entitled to receive on the date of thegovernor's death; or
            (B) ten thousand dollars ($10,000).
    (d) The surviving spouse of a governor must make the electionrequired under subsection (c)(1) or (c)(2). Once a surviving spousehas received any pension payment under this section, the election isirrevocable.
    (e) A governor's surviving spouse is entitled to receive the pensionprovided under this section for life unless the surviving spouseremarries.
    (f) Notwithstanding any other law to the contrary, the pensionprovided under this section is in addition to any other retirementbenefits a governor's surviving spouse is entitled to receive.
As added by Acts 1980, P.L.9, SEC.2. Amended by P.L.195-1999,SEC.6; P.L.97-2004, SEC.13.

IC 4-3-3-3
Application of chapter
    Sec. 3. This chapter applies to any governor of Indiana regardlessof whether his service occurred before, on, or after January 14, 1981,and to the surviving spouse of any such governor.
As added by Acts 1980, P.L.9, SEC.3.