§ 33-38-8-17 — Death of participant; benefits of surviving spouse or children

Indiana § 33-38-8-17

• Jurisdiction: Indiana
• Art. 38: JUDGES
• Ch. 8: 1985 Retirement, Disability, and Death System

Text

(a) Benefits provided under this section are
subject to IC 33-38-6-13 and section 20 of this chapter.
(b) The surviving spouse or child or children, as designated by the
participant, 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 was in
service as a judge or, after December 31, 2010, as a judge or
full-time magistrate;
(C) had a permanent disability; or
(D) had completed at least eight (8) years of service, was not
still in service as a judge or, after December 31, 2010, as a
judge or full-time magistrate, and was entitled to a future
benefit;
are entitled, regardless of the participant's ages, to the benefit
prescribed by subsection (c).
(c) The surviving spouse or child or children, as designated under
subsection (b), are entitled to a benefit equal to the greater of:
(1) fifty percent (50%) of the amount of the retirement benefit the
participant was drawing at the time of death, or to which the
participant would have been entitled had the participant retired
and 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:
(d) The benefit payable to a surviving spouse or surviving child or
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 or
children is equal to the same monthly benefit that was to have
been payable to the surviving spouse.
(3) If there is more than one (1) child designated by the
participant, then the children are entitled to share the benefit in
equal monthly amounts.
(4) A child entitled to a benefit shall receive that child's share
until the child becomes eighteen (18) years of age or during the
entire 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 and still
entitled to benefits, the remaining children shall share equally the
benefit. If the surviving spouse of the participant is surviving
upon the cessation of benefits to all designated children, the
surviving spouse shall then receive the benefit for the remainder
of the spouse's life.
(6) The benefit shall be payable to the participant's surviving
spouse if any of the following occur:
(A) No child or children named as a beneficiary by a participant
survives the participant.
(B) No child or children designated by the participant is or are
entitled to a benefit due to the age of the child or children 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 be paid
to a trust or a custodian account under IC 30-2-8.5, established for
the surviving child or children as designated by the participant.
[Pre-2004 Recodification Citation: 33-13-10.1-10.]

Legislative History

As added by P.L.98-2004, SEC.17. Amended by P.L.99-2007, SEC.199; P.L.122-2008, SEC.19.