§ 33-38-6-16 — Referendum of judges concerning federal Social Security agreement

Indiana § 33-38-6-16

• Jurisdiction: Indiana
• Art. 38: JUDGES
• Ch. 6: Judges' Retirement System

Text

(a) The governor may conduct, or cause to
be conducted, a referendum for the judges who are covered by the
provisions of the judges' retirement fund to determine whether the
judges covered by the retirement fund shall be excluded from or
included in the agreement negotiated under the provisions of Section
218 of the federal Social Security Act (as defined in IC 5-10.1-1-9).
The referendum must be conducted in full compliance with all the
requirements of Section 218(d) of the federal Social Security Act. The
governor shall designate the board as the agency to conduct and
supervise the referendum, and the expense of conducting the
referendum shall be paid from funds appropriated to the fund.
(b) If the majority of the judges who are eligible to vote in the
referendum described in subsection (a) vote in the negative, the board
may request that a subsequent referendum be conducted in the same
manner and with the same effect described in subsection (a). However,
a subsequent referendum may not be conducted within one (1) year
after the date of the prior referendum.
(c) If a majority of the judges who are eligible to vote in the
referendum described in subsection (a) vote in the affirmative, both
the:
(1) judges covered by the retirement fund; and
(2) judges who waived their right to be covered by the provisions
of the retirement fund;
shall be included in the agreement negotiated by the state with the
Secretary of the United States Department of Health and Human
Services in the same manner provided in IC 5-10.1-4 for the inclusion
of services covered by the retirement systems specified in IC 5-10.1-4-1 in the agreement.
(d) Each judge whose services are covered by Social Security is
required to pay during the period of the judge's service the employee
contributions required by the agreement. The contributions shall begin
on the effective date of the judge's coverage and are subject to the
terms and conditions of IC 5-10.1.
(e) The state comptroller shall pay the employer contributions
required under the agreement wholly from funds appropriated to the
fund, and the contributions begin on the effective date of the
modification that adds the judges of the fund to the federal-state
agreement. The employer contributions shall be paid in the manner
provided in the agreement.
(f) The modification of the federal-state agreement to effectuate the
participation of the judges in the agreement must be effective for
services performed on a date fixed and determined by the board.
[Pre-2004 Recodification Citation: 33-13-8-15.]

Legislative History

As added by P.L.98-2004, SEC.17. Amended by P.L.9-2024, SEC.515.