Indiana § 33-39-7-20 Benefits payable to dependent children; eligibility; computation;
distribution

Indiana Statutes

§ 33-39-7-20 — Benefits payable to dependent children; eligibility; computation; distribution

Indiana § 33-39-7-20

Art. 39PROSECUTING ATTORNEYS

Ch. 7Retirement Fund

This text of Indiana § 33-39-7-20 (Benefits payable to dependent children; eligibility; computation; distribution) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 33-39-7-20 (2026).

Text

(a)If:

(1)a participant's spouse does not survive the participant; and

(2)the participant did not designate one (1) or more of the participant's surviving dependent children to receive the benefit provided by section 19 of this chapter; the participant's surviving dependent children are, upon the death of the participant, entitled to a benefit equal to the benefit the participant's spouse would have received under section 19 of this chapter.

(b)If a surviving spouse of a decedent participant dies and a dependent child of the surviving spouse and the decedent participant survives them, that dependent child is entitled to receive a benefit equal to the benefit the spouse was receiving or would have received under section 19 of this chapter.

(c)If there is more than one (1) dependent chi

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(a) If:
(1) a participant's spouse does not survive the participant; and
(2) the participant did not designate one (1) or more of the
participant's surviving dependent children to receive the benefit
provided by section 19 of this chapter;
the participant's surviving dependent children are, upon the death of the
participant, entitled to a benefit equal to the benefit the participant's
spouse would have received under section 19 of this chapter.
(b) If a surviving spouse of a decedent participant dies and a
dependent child of the surviving spouse and the decedent participant
survives them, that dependent child is entitled to receive a benefit equal
to the benefit the spouse was receiving or would have received under
section 19 of this chapter.
(c) If there is more than one (1) dependent child, the dependent
children are entitled to share the benefit equally.
(d) Each dependent child is entitled to 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.
(e) Except as provided in subsection (f), benefits payable to a
dependent child are reduced by the amount, if any, that is payable to
the dependent child from the public employees' retirement fund after
subtracting the participant's contributions and earnings attributable to
the participant's contributions in the participant's annuity savings
account.
(f) This subsection applies to a dependent child of a participant who
is a member of the public employees' defined contribution plan
established by IC 5-10.3-12-18. Benefits payable to a dependent child
of a participant under this section are reduced by the actuarial
equivalent of the pension portion of the retirement benefit, if any, that
would be payable to the spouse (assuming the spouse would have had
the same birth date as the participant) from the public employees'
retirement fund under the joint and survivor option under IC 5-10.2-4-7, computed at fifty percent (50%) of the participant's
decreased retirement benefit, if the participant had not made an
election under IC 5-10.3-12-20 to become a member of the public
employees' defined contribution plan.
[Pre-2004 Recodification Citation: 33-14-9-18.]