Indiana Code

Ind. Code § 33-38-8-13 (2025)

Retirement benefits; termination of employment; conditions

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 13. A participant whose employment as a judge or, after December 31, 2010, as a judge or full-time magistrate, is terminated is entitled to a retirement benefit computed under section 14 of this chapter, beginning on the date specified by the participant in a written application, if the following conditions are met:

(1) The date on which the benefit begins is not:

(A) before the date of final termination of employment of the participant; or

(B) the date thirty (30) days before the receipt of the application by the board.

(2) The participant:

(A) is at least sixty-two (62) years of age and has at least eight (8) years of service credit;

(B) is at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85); or

(C) has become permanently disabled.

(3) The participant is not receiving a salary from the state for services currently performed as:

(A) a judge (as defined in IC 33-38-6-7); or

(B) a magistrate under IC 33-23-5.

[Pre-2004 Recodification Citation: 33-13-10.1-6.]

As added by P.L.98-2004, SEC.17. Amended by P.L.28-2005, SEC.2; P.L.122-2008, SEC.17.

 

Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: In re Kouros, 816 N.E.2d 21 (Ind. 2004).
In re Kouros, 816 N.E.2d 21 (Ind. 2004). · cites it 2× “See Ind.Code §§ 33-38-8-13 and -14 (West 2004).”
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