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Home » US Law » 2022 Indiana Code » Title 33. Courts and Court Officers » Article 38. Judges » Chapter 6. Judges' Retirement System

33-38-6-1. “Americans With Disabilities Act”

Sec. 1. As used in this chapter, “Americans with Disabilities Act” refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the act. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17.

33-38-6-10. “Salary”

Sec. 10. As used in this chapter, “salary” means the total salary paid to a participant by the state and by a county or counties, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17.

33-38-6-11. “Services”

Sec. 11. As used in this chapter, “services” means the period beginning on the first day a person first becomes a judge or, after December 31, 2010, a judge or full-time magistrate, and ending on the date under consideration and includes all intervening employment as a judge or, after December 31, 2010, a judge or […]

33-38-6-12. Indiana Judges’ Retirement Fund

Sec. 12. The Indiana judges’ retirement fund is established and consists of: (1) each participant’s contribution to the fund; (2) gifts, grants, devises, and bequests in money, property, or other forms made to the fund; (3) interest on investments or on deposits of the funds; and (4) contributions or payments to the fund made in […]

33-38-6-13. Qualification of Fund Under Internal Revenue Code

Sec. 13. The fund must satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the fund. In order to meet those requirements, the fund is subject to the following provisions, notwithstanding any other provision of this chapter IC 33-38-7, or IC 33-38-8: (1) The board shall distribute the corpus […]

33-38-6-14. Administration of Fund

Sec. 14. The board shall administer the fund in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the act. [Pre-2004 Recodification Citation: 33-13-8-3.7.] As added by P.L.98-2004, SEC.17.

33-38-6-15. Law Governing Participation, Contributions, Withdrawals, and Benefits; Family and Medical Leave Act; Uniformed Services Employment and Reemployment Act

Sec. 15. (a) Conditions for participation in the fund, contributions to the fund, withdrawal from the fund, and eligibility for and computation of benefits for participants and their survivors are governed by IC 33-38-7 and IC 33-38-8. (b) Notwithstanding any provision of this chapter, IC 33-38-7, or IC 33-38-8, the fund must be administered in […]

33-38-6-16. Referendum of Judges Concerning Federal Social Security Agreement

Sec. 16. (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 […]

33-38-6-17. Appropriation From State General Fund

Sec. 17. (a) For purposes of this chapter, there is appropriated for each biennium a sum of money, computed on an actuarially funded basis, as follows: (1) From the state general fund for participants’ retirement benefits, the amount determined by the board, on recommendation of an actuary, which, when added to the part of the […]

33-38-6-18. Use of Appropriated Funds

Sec. 18. The amount appropriated under section 17 of this chapter for participants’ retirement benefits shall be used for retirement benefits under IC 33-38-7 and IC 33-38-8. [Pre-2004 Recodification Citation: 33-13-8-16.1.] As added by P.L.98-2004, SEC.17.

33-38-6-19. Fund Construed as a Trust

Sec. 19. The fund shall be construed to be a trust, separate and distinct from all other entities, maintained to secure payment of benefits to the participants and their beneficiaries, as prescribed in IC 33-38-7 and IC 33-38-8. [Pre-2004 Recodification Citation: 33-13-8-17.] As added by P.L.98-2004, SEC.17.

33-38-6-19.5. Benefits Exempted From Legal Process; Reimbursement of Employers; Withholding Payments While Charges of Criminal Taking From Employer Pending

Sec. 19.5. (a) All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, the participant’s contributions or benefits, or both, may be transferred to reimburse the participant’s employer for loss resulting from the participant’s criminal taking of the employer’s property by the board if the board receives adequate […]

33-38-6-2. “Board”

Sec. 2. As used in this chapter, “board” refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17. Amended by P.L.23-2011, SEC.23.

33-38-6-20. Use of Fund for Administrative Costs

Sec. 20. In addition to the purpose set forth in section 19 of this chapter, the fund may be used for the payment of the costs of administering this chapter. [Pre-2004 Recodification Citation: 33-13-8-17.2.] As added by P.L.98-2004, SEC.17.

33-38-6-21. Warrants to Participants

Sec. 21. (a) When drawing a salary warrant for a participant, the auditor of state and the county auditor shall deduct from the amount of the warrant the participant’s contribution, if any, to the fund in the amount certified in the vouchers or an order issued by the director. (b) The auditor of state and […]

33-38-6-21.5. Submission of Contributions, Reports, and Records Electronically

Sec. 21.5. (a) This section applies to reports, records, and contributions submitted after December 31, 2011, under this chapter, IC 33-38-7, and IC 33-38-8. (b) An employer shall submit through the use of electronic funds transfer: (1) employer payments made to fund the retirement, disability, and survivor benefits described in this chapter, IC 33-38-7, and […]

33-38-6-22. Salary Warrants Indicating Deductions of Contributions

Sec. 22. The auditor of state and the county auditor in the preparation of salary warrants to participants shall indicate on the payroll voucher the following information, in addition to other things: (1) The amount of the participant’s contribution to the fund deducted from the salary of the participant. (2) The net amount payable to […]

33-38-6-23. Administration of Fund; Confidentiality of Fund Records

Sec. 23. (a) The board of trustees of the Indiana public retirement system (referred to as “the system” in this section) shall administer the fund, which may be commingled for investment purposes with any public pension and retirement fund administered by the system. (b) The board shall do the following: (1) Determine eligibility for and […]

33-38-6-24. Rollover to Eligible Retirement Plan

Sec. 24. Notwithstanding any other provision of this chapter, IC 33-38-7, or IC 33-38-8, to the extent required by Internal Revenue Code Section 401(a)(31) of the Internal Revenue Code, as added by the Unemployment Compensation Amendments of 1992 (P.L. 102-318), and any amendments and regulations related to Section 401(a)(31) of the Internal Revenue Code, the […]