§ 33-38-7-10 — Participants; contributions

Indiana § 33-38-7-10

• Jurisdiction: Indiana
• Art. 38: JUDGES
• Ch. 7: 1977 Retirement, Disability, and Death System

Text

(a) A person who completed at least eight
(8) years of service as a judge before July 1, 1953, may become a
participant in the fund and be subject to this chapter if the person
qualifies for benefits under section 11 of this chapter. A person who is
a judge on July 1, 1953, shall become a participant in the fund and be
subject to this chapter, beginning on July 1, 1953, unless twenty (20)
days before July 1, 1953, the judge files with the board a written notice
of election not to participate in the fund.
(b) A person who:
(1) becomes a judge after July 1, 1953, and before September 1,
1985; and
(2) is not a participant in the fund;
becomes a participant in the fund and is subject to this chapter,
beginning on the date the person becomes a judge, unless within twenty
(20) days after that date the judge files with the board a written notice
of election not to participate in the fund. An election filed under this
subsection is irrevocable.
(c) A person who irrevocably:
(1) elects not to participate in the fund; or
(2) withdraws from the fund under section 13 of this chapter;
is ineligible to participate and to receive benefits under this chapter.
(d) Participation of a judge in the fund continues until the date on
which the judge:
(1) becomes an annuitant;
(2) dies; or
(3) accepts a refund;
but a person is not required to pay into the fund during any period that
the person is not serving as a judge, except as otherwise provided in
this chapter.
(e) A participant is considered to have made a one (1) time
irrevocable salary reduction agreement of six percent (6%) of each
payment of salary that a participant would otherwise have received for
services as a judge.
(f) The state comptroller and the county auditor shall pay and credit
to the fund the amounts described in subsection (e) as provided in IC 33-38-6-21 and IC 33-38-6-22. After December 31, 2011, the state
comptroller and the county auditor shall submit the contributions paid
by or on behalf of a participant under subsection (e) by electronic funds
transfer in accordance with IC 33-38-6-21.5. However, no amounts
shall be paid on behalf of a participant for more than twenty-two (22)
years.
[Pre-2004 Recodification Citation: 33-13-9.1-3.]

Legislative History

As added by P.L.98-2004, SEC.17. Amended by P.L.13-2011, SEC.9; P.L.9-2024, SEC.518.