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Home » US Law » 2022 Indiana Code » Title 33. Courts and Court Officers » Article 38. Judges » Chapter 7. 1977 Retirement, Disability, and Death System

33-38-7-0.2. Prior Law Intended to Be Codification of Certain Repealed Statutes; No Effect on Rights, Liabilities, Penalties, Crimes, and Proceedings Before September 1, 1985

Sec. 0.2. (a) As used in this section, “prior law” refers to IC 33-13-9.1 (before its repeal). (b) As used in this section, “repealed statutes” refers to the following: (1) IC 33-13-8-1. (2) IC 33-13-8-4. (3) IC 33-13-8-10. (4) IC 33-13-8-10.1. (5) IC 33-13-8-11. (6) IC 33-13-8-12. (7) IC 33-13-8-13. (8) IC 33-13-8-14.1. (c) The […]

33-38-7-1. Application of Chapter

Sec. 1. This chapter applies only to an individual who begins service as a judge before September 1, 1985. [Pre-2004 Recodification Citation: 33-13-9.1-1.] As added by P.L.98-2004, SEC.17.

33-38-7-10. Participants; Contributions

Sec. 10. (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, […]

33-38-7-13. Withdrawal of Participant From Fund

Sec. 13. (a) Except as otherwise provided in this chapter, a participant: (1) whose employment as a judge is terminated regardless of cause; and (2) who has less than twelve (12) years service; is entitled to withdraw from the fund, beginning on the date specified by the participant in a written application. However, the date […]

33-38-7-14. Payments to Participant’s Surviving Spouse, Dependents, or Estate

Sec. 14. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter. (b) If annuities are not payable to the survivors of a participant who dies after July 1, 1983, the surviving spouse or child or children of the participant, if any, as determined by the participant, and […]

33-38-7-15. Annuities; Payment to Dependent Children

Sec. 15. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter. (b) If a participant’s spouse does not survive the participant, and a child is not designated and entitled to receive an annuity under section 11 of this chapter, any surviving dependent child of a participant is, […]

33-38-7-16. Benefits Limitations Under Internal Revenue Code

Sec. 16. Notwithstanding any other provision of this chapter, and solely for the purposes of the benefits provided under this chapter, the benefit limitations of Section 415 of the Internal Revenue Code shall be determined by applying the provisions of Section 415(b)(10) of the Internal Revenue Code, as amended by the Technical and Miscellaneous Revenue […]

33-38-7-2. “Americans With Disabilities Act”

Sec. 2. 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: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17.

33-38-7-20. Assignment of Benefits

Sec. 20. A participant, beneficiary, or survivor may not assign any payment under this chapter except for the following: (1) Premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in part by a state agency. (2) Dues to an association that proves to the board’s satisfaction that the association has as members […]

33-38-7-3. “Board”

Sec. 3. 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: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17. Amended by P.L.23-2011, SEC.24.

33-38-7-4. “Employer”

Sec. 4. As used in this chapter, “employer” means the state of Indiana. [Pre-2004 Recodification Citation: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17.

33-38-7-5. “Fund”

Sec. 5. As used in this chapter, “fund” refers to the Indiana judges’ retirement fund established by IC 33-38-6-12. [Pre-2004 Recodification Citation: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17.

33-38-7-6. “Internal Revenue Code”

Sec. 6. As used in this chapter, “Internal Revenue Code”: (1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or (2) to the extent consistent with subdivision (1), has the meaning set forth in IC 6-3-1-11. [Pre-2004 Recodification Citation: 33-13-8-3.5.] As added […]

33-38-7-7. “Participant”

Sec. 7. As used in this chapter, “participant” means a judge who participates in the fund. [Pre-2004 Recodification Citation: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17.

33-38-7-8. “Salary”

Sec. 8. 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: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17.