reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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 on which the withdrawal begins may not be before the date of final termination of employment of the participant, or the date thirty (30) days before the receipt of the application by the board.
(b) Upon the withdrawal, a participant is entitled to receive out of the fund an amount equal to the total sum contributed to the fund on behalf of the participant plus interest at a rate specified by rule by the board, payable within sixty (60) days after date of the withdrawal application or in monthly installments as the participant may elect.
(c) A participant who withdraws from the fund under subsection (a) and becomes a participant again at a later date is not entitled to service credit for the participant's years of service accrued before the withdrawal, unless the participant pays into the fund the full amount received by the participant when the participant withdrew from the fund plus interest at a rate specified by rule by the board. The board shall grant service credit to a participant for the years of service accrued by the participant before the participant's withdrawal from the fund if the participant makes the repayment required by this section in a lump sum or a series of payments determined by the board, not to exceed five (5) annual installments.
[Pre-2004 Recodification Citation: 33-13-9.1-6.]
As added by P.L.98-2004, SEC.17. Amended by P.L.16-2011, SEC.2; P.L.92-2021, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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 if none survive, then any dependent or dependents surviving shall draw from the fund the amount that the participant paid into the fund plus interest at a rate specified by rule by the board. If no spouse, child or children, or other dependents survive, then the amount, plus interest at a rate specified by rule by the board and minus any payments made to the participant, shall be paid to the executor or administrator of the participant's estate.
(c) The amount owed a spouse, child or children, or other dependent, or estate under this section is payable within sixty (60) days after date of the withdrawal application or in the monthly installments as the recipient may elect.
[Pre-2004 Recodification Citation: 33-13-9.1-7.]
As added by P.L.98-2004, SEC.17. Amended by P.L.16-2011, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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, upon the death of the participant, entitled to an annuity in an amount equal to the annuity the participant's spouse would have received under section 11 of this chapter.
(c) If a surviving spouse of a decedent participant dies and a dependent child of the surviving spouse and the decedent participant survives them, then that dependent child is entitled to receive an annuity in an amount equal to the annuity the spouse was receiving or would have received under section 11 of this chapter.
(d) If there is more than one (1) dependent child, the dependent children are entitled to share the annuity equally.
(e) 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.
[Pre-2004 Recodification Citation: 33-13-9.1-8.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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 Act of 1988 (P.L.100-647). This section constitutes an election under Section 415(b)(10)(C) of the Internal Revenue Code to have Section 415(b) of the Internal Revenue Code (other than Section 415(b)(2)(G)) applied without regard to Section 415(b)(2)(F) (before its repeal on June 7, 2001, by P.L.107-16) to anyone who did not first become a participant before January 1, 1990.
[Pre-2004 Recodification Citation: 33-13-9.1-9.]
As added by P.L.98-2004, SEC.17. Amended by P.L.42-2011, SEC.67.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 33-38-7-17. Service Credit; Contributions After Retirement for Subsequent Service as Judge

Sec. 17. (a) A judge is entitled to a month of service credit for services performed in any fraction of a calendar month. However, a judge is not entitled to more than one (1) month of credit for services performed in a calendar month.
(b) Except as otherwise provided in this chapter, if a judge is elected or appointed and serves one (1) or more terms or part of a term then retires from office but at a later period or periods is appointed or elected and serves as judge, the judge shall pay into the fund during all the periods served as judge, whether the periods are served consecutively or not.
(c) Except as otherwise provided in this chapter, a judge is not required to pay into the fund:
(1) at any time when the judge is not serving as judge; or
(2) during any period of service as a senior judge under IC 33-23-3.
[Pre-2004 Recodification Citation: 33-13-8-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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 at least twenty percent (20%) of the retired participants in the plan.
As added by P.L.27-2019, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-1. Application of Chapter

Sec. 1. This chapter applies only to an individual who:
(1) begins service as a judge after August 31, 1985;
(2) is serving as a full-time magistrate on July 1, 2010, and makes an election under section 10.5 of this chapter; or
(3) begins service as a full-time magistrate after July 1, 2010.
[Pre-2004 Recodification Citation: 33-13-10.1-1.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-2. "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: 33-13-10.1-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-3. "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: 33-13-10.1-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.23-2011, SEC.25.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-4. "Employer"

Sec. 4. As used in this chapter, "employer" means the state of Indiana.
[Pre-2004 Recodification Citation: 33-13-10.1-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-5. "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: 33-13-10.1-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-6. "Internal Revenue Code"

Sec. 6. (a) 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 by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-7. "Participant"

Sec. 7. As used in this chapter, "participant" means a judge who participates in the fund. After December 31, 2010, "participant" means a judge or full-time magistrate who participates in the fund.
[Pre-2004 Recodification Citation: 33-13-10.1-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-8. "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: 33-13-10.1-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-9. "Services"

Sec. 9. 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 full-time magistrate.
[Pre-2004 Recodification Citation: 33-13-10.1-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-10. Participants

Sec. 10. (a) A person who:
(1) begins service as a judge after August 31, 1985; and
(2) is not a participant in the fund;
shall become a participant in the fund.
(b) A person who is serving as a full-time magistrate on July 1, 2010, and makes an election under section 10.5 of this chapter is, beginning January 1, 2011, a participant in the judges' 1985 benefit system under this chapter.
(c) A person who begins serving as a full-time magistrate after July 1, 2010, is a participant in the judges' 1985 benefit system under this chapter beginning on the later of the following:
(1) January 1, 2011.
(2) The date the person begins service as a full-time magistrate.
[Pre-2004 Recodification Citation: 33-13-10.1-3.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-10.5. Magistrate Election to Participate in Benefit System

Sec. 10.5. A person who is serving as a full-time magistrate on July 1, 2010, may elect to become a member of the judges' 1985 benefit system under this chapter. An election under this section:
(1) must be made in writing;
(2) must be filed with the board, on a form prescribed by the board, before October 1, 2010; and
(3) is irrevocable.
As added by P.L.122-2008, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-11. Contributions

Sec. 11. (a) A participant shall make contributions to this fund of six percent (6%) of each payment of salary received for services as judge or, after December 31, 2010, as a judge or full-time magistrate. However, the employer may elect to pay the contribution for the participant as a pickup under Section 414(h) of the Internal Revenue Code.
(b) Participants' contributions, other than participants' contributions paid by the employer, shall be deducted from the monthly salary of each participant by the auditor of state and by the county auditor and credited to the fund as provided in IC 33-38-6-21 and IC 33-38-6-22. After December 31, 2011, the auditor of state and the county auditor shall submit the contributions paid by or on behalf of a participant under subsection (a) by electronic funds transfer in accordance with IC 33-38-6-21.5. However, a contribution is not required:
(1) because of any salary received after the participant has contributed to the fund for twenty-two (22) years; or
(2) during any period that the participant is not serving as judge or, after December 31, 2010, as a judge or full-time magistrate.
[Pre-2004 Recodification Citation: 33-13-10.1-4.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.15; P.L.13-2011, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-12. Withdrawal of Participant From Fund

Sec. 12. (a) A participant who:
(1) ceases service:
(A) as a judge; or
(B) after December 31, 2010, as a judge or full-time magistrate;
other than by death or disability; and
(2) is not eligible for a retirement benefit under this chapter;
is entitled to withdraw from the fund, beginning on the date specified by the participant in a written application. The date on which the withdrawal begins may not be before the date of final termination of employment or the date thirty (30) days before the receipt of the application by the board.
(b) Upon the withdrawal, the participant is entitled to receive the total sum contributed plus interest at a rate specified by rule by the board, payable within sixty (60) days from the date of the withdrawal application or in monthly installments as the participant may elect.
(c) A participant who withdraws from the fund under subsection (a) and becomes a participant again at a later date is not entitled to service credit for the participant's years of service accrued before the withdrawal, unless the participant pays into the fund the full amount received by the participant when the participant withdrew from the fund plus interest at a rate specified by rule by the board. The board shall grant service credit to a participant for the years of service accrued by the participant before the participant's withdrawal from the fund if the participant makes the repayment required by this section in a lump sum or a series of payments determined by the board, not to exceed five (5) annual installments.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.16; P.L.16-2011, SEC.5; P.L.92-2021, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-13. Retirement Benefits; Termination of Employment; Conditions

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-14. Retirement Benefits; Computation of Amount

Sec. 14. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 20 of this chapter.
(b) A participant who:
(1) applies for a retirement benefit; and
(2) is at least:
(A) sixty-five (65) years of age; or
(B) fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter;
is entitled to an annual retirement benefit as calculated in subsection (c).
(c) The annual retirement benefit for a participant who meets the requirements of subsection (b) equals the product of:
(1) the applicable salary determined under subsection (e); multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
of Service
Percentage
8
24%
9
27%
10
30%
11
33%
12
50%
13
51%
14
52%
15
53%
16
54%
17
55%
18
56%
19
57%
20
58%
21
59%
22 or more
60%
If a participant has a partial year of service in addition to at least eight (8) full years of service, an additional percentage shall be calculated by prorating between the applicable percentages, based on the number of months in the partial year of service.
(d) Except as provided in section 13(2)(B) of this chapter and subsection (b)(2)(B), if a participant who applies for a retirement benefit has not attained sixty-five (65) years of age, the participant is entitled to receive a reduced annual retirement benefit that equals the benefit that would be payable if the participant were sixty-five (65) years of age reduced by one-tenth percent (0.1%) for each month that the participant's age at retirement precedes the participant's sixty-fifth birthday. This reduction does not apply to:
(1) participants who are separated from service because of permanent disability;
(2) survivors of participants who die while in service after August 1, 1992; or
(3) survivors of participants who die while not in service but while entitled to a future benefit.
(e) The applicable salary is one (1) of the following:
(1) The salary that was being paid to the participant at the time of the participant's separation from service for:
(A) a participant who applies to receive a retirement benefit from the fund before January 1, 2010; or
(B) a participant who:
(i) before January 1, 2010, separates from service;
(ii) is entitled to receive a retirement benefit from the fund, but does not apply before January 1, 2010, to receive a retirement benefit; and
(iii) does not earn any service credit in the fund after December 31, 2009.
(2) The salary being paid for the office that the participant held at the time of the participant's separation from service for a participant who:
(A) applies to receive a benefit after December 31, 2009; and
(B) is not a participant described in subdivision (1)(B).
[Pre-2004 Recodification Citation: 33-13-10.1-7.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-15. Permanent Disability of Participants; Certification; Recovery; Transcripts, Reports, Records, and Other Materials

Sec. 15. (a) A participant is considered to have a permanent disability if the board has received a written certification by at least two (2) licensed and practicing physicians, appointed by the board, that:
(1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and
(2) the condition is likely to be permanent.
(b) The participant shall be reexamined by at least two (2) physicians appointed by the board, at the times the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant's disability, then benefits shall cease to be payable as of the date of the examination unless, on that date, the participant is at least:
(1) sixty-five (65) years of age; or
(2) fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter.
(c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated by the initial and periodic examinations and reviews to determine eligibility for disability benefits under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
[Pre-2004 Recodification Citation: 33-13-10.1-8.]
As added by P.L.98-2004, SEC.17. Amended by P.L.99-2007, SEC.198.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-16. Permanent Disability of Participants; Amount of Benefits

Sec. 16. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 20 of this chapter.
(b) A participant who becomes permanently disabled is entitled to an annual benefit that equals the product of:
(1) the salary that was paid to the participant at the time of separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
of Service
Percentage
0-12
50%
13
51%
14
52%
15
53%
16
54%
17
55%
18
56%
19
57%
20
58%
21
59%
22 or more
60%
If a participant has a partial year of service in addition to at least eight (8) full years of service, an additional percentage shall be calculated by prorating between the applicable percentages, based on the number of months in the partial year of service.
[Pre-2004 Recodification Citation: 33-13-10.1-9.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-18. Death of Participant; Benefits of Dependent Children

Sec. 18. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 20 of this chapter.
(b) If a participant's spouse does not survive the participant, and there is no child designated and entitled to receive a benefit under section 17 of this chapter, any surviving dependent child of a participant is, upon the death of the participant, entitled to a benefit equal to the benefit the participant's spouse would have received under section 17 of this chapter.
(c) If a surviving spouse of a decedent participant dies and a dependent child of the surviving spouse and the decedent participant survives them, the dependent child is entitled to receive a benefit equal to the benefit the spouse was receiving or would have received under section 17 of this chapter.
(d) If there is more than one (1) dependent child, then the dependent children are entitled to share the benefit equally.
(e) A dependent child is entitled to receive the 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.
[Pre-2004 Recodification Citation: 33-13-10.1-11.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-19. Death of Participant; Payments When No Benefits Payable to Survivors

Sec. 19. (a) Benefits provided under this section are subject to IC 33-38-6-13.
(b) If benefits are not payable to the survivors of a participant who dies, and if a withdrawal application is filed with the board, the total of the participant's contributions, plus interest at a rate specified by rule by the board and minus any payments made to the participant, shall be paid to:
(1) the surviving spouse of the participant or a child or children of the participant, as designated by the participant;
(2) any other dependent or dependents of the participant, if a spouse or designated child or children does or do not survive; or
(3) the participant's estate, if a spouse, designated child or children, or other dependent does or do not survive.
(c) The amount owed a spouse, designated child or children, or other dependent or dependents, or estate under subsection (b) is payable within sixty (60) days from the date of receipt of the withdrawal application or in the monthly installments as the recipient elects.
[Pre-2004 Recodification Citation: 33-13-10.1-12.]
As added by P.L.98-2004, SEC.17. Amended by P.L.16-2011, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-20. Maximum Annual Benefit Under Internal Revenue Code

Sec. 20. Notwithstanding any other provision of this chapter, benefits paid under this chapter may not exceed the maximum annual benefit specified by Section 415 of the Internal Revenue Code.
[Pre-2004 Recodification Citation: 33-13-10.1-13.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-21. Service Credit; Contributions for Service as Judge or Full-Time Magistrate

Sec. 21. (a) A judge or, after December 31, 2010, a judge or full-time magistrate, is entitled to a month of service credit for services performed in any fraction of a calendar month. However, a judge or, after December 31, 2010, a judge or full-time magistrate, is not entitled to more than one (1) month of credit for services performed in a calendar month.
(b) Except as otherwise provided in this chapter, if a judge is elected or appointed and serves one (1) or more terms or part of a term then retires from office but at a later period or periods is appointed or elected and serves as judge, the judge shall pay into the fund during all the periods served as judge, whether the periods are served consecutively or not.
(c) Except as otherwise provided in this chapter, a judge is not required to pay into the fund:
(1) at any time when the judge is not serving as judge; or
(2) during any period of service as a senior judge under IC 33-23-3.
(d) Except as otherwise provided in this chapter, after December 31, 2010, a full-time magistrate:
(1) shall pay into the fund during all periods served as a full-time magistrate, whether the periods are served consecutively or not; and
(2) is not required to pay into the fund at any time when the magistrate is not serving as a full-time magistrate.
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-24. Cost of Living Adjustments Payable After December 31, 2007, and December 31, 2008

Sec. 24. (a) This subsection applies to participants, survivors, and beneficiaries receiving benefits as of December 31, 2007. The amount of the monthly benefit received by a participant, survivor, or beneficiary as of December 31, 2007, shall be increased by two percent (2%). The increase under this subsection applies to monthly benefits paid after December 31, 2007.
(b) This subsection applies to participants, survivors, and beneficiaries receiving benefits as of December 31, 2008. The amount of the monthly benefit received by a participant, survivor, or beneficiary as of December 31, 2008, shall be increased by two percent (2%). The increase under this subsection applies to monthly benefits paid after December 31, 2008.
As added by P.L.68-2007, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-25. Cost of Living Adjustments for Certain Participants

Sec. 25. (a) This section applies:
(1) only to a participant:
(A) who applies to receive a retirement benefit from the fund before January 1, 2010; or
(B) who:
(i) before January 1, 2010, separates from service;
(ii) is entitled to receive a retirement benefit from the fund but does not apply before January 1, 2010, to receive a retirement benefit; and
(iii) does not earn any service credit in the fund after December 31, 2009; and
(2) only in state fiscal years beginning after June 30, 2010.
(b) If a salary increase is provided in a particular state fiscal year under IC 33-38-5-8.1, the monthly benefit payable under this chapter to a participant described in subsection (a) shall be increased by the same percentage by which salaries are increased under IC 33-38-5-8.1(b) in that state fiscal year. The percentage increase shall be applied to the monthly benefit (including any previous increases to the monthly benefit received under this section or under any other provision) received by the participant as of June 30 of the immediately preceding state fiscal year. The percentage increase to the monthly benefit takes effect at the same time that the salary increase under IC 33-38-5-8.1 takes effect.
(c) This subsection applies only if:
(1) a salary increase is not provided in a particular state fiscal year under IC 33-38-5-8.1; and
(2) the salary of a judge is increased under IC 33-38-5-6, IC 33-38-5-8, or any other provision enacted by the general assembly in the state fiscal year.
The monthly benefit payable under this chapter to a participant described in subsection (a) shall be increased by the same percentage by which the salary being paid for the office that the participant held at the time of the participant's separation from service is increased under IC 33-38-5-6, IC 33-38-5-8, or any other provision enacted by the general assembly. The percentage increase shall be applied to the monthly benefit (including any previous increases to the monthly benefit received under this section or under any other provision) received by the participant as of June 30 of the immediately preceding state fiscal year. The percentage increase to the monthly benefit takes effect at the same time that the salary increase under IC 33-38-5-6, IC 33-38-5-8, or any other provision enacted by the general assembly takes effect.
(d) An increase payable under this section may not include any amount based on the percentage by which any salary provided by a county or counties under IC 36-2-5-14 or IC 36-3-6-3(c) is increased.
As added by P.L.122-2008, SEC.24.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 8. 1985 Retirement, Disability, and Death System › 33-38-8-26. Assignment of Benefits

Sec. 26. 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 at least twenty percent (20%) of the retired participants in the plan.
As added by P.L.27-2019, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-1. "Judicial Conference" Defined

Sec. 1. As used in this chapter, "judicial conference" refers to the judicial conference of Indiana established by section 3 of this chapter.
[2004 Recodification Citation: New.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-2. "Trial Court Judges" Defined

Sec. 2. As used in section 4 of this chapter, "trial court judges" refers only to those trial court judges who are members of the judicial conference under section 3 of this chapter.
[2004 Recodification Citation: New.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-3. Judicial Conference; Membership

Sec. 3. (a) The judicial conference of Indiana is established.
(b) The membership of the judicial conference consists of the following:
(1) All justices of the supreme court.
(2) All judges of the court of appeals.
(3) The judge of the tax court.
(4) All circuit, superior, and probate court judges.
(5) Certified senior judges.
(c) A full-time magistrate under IC 33-23-5 and a Marion County small claims court judge under IC 33-34 are nonvoting members of the conference.
[Pre-2004 Recodification Citation: 33-13-14-1.]
As added by P.L.98-2004, SEC.17. Amended by P.L.201-2011, SEC.104; P.L.161-2018, SEC.93.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-4. Board of Directors; Members; Chairperson

Sec. 4. (a) The activities of the judicial conference shall be directed by a board of directors having the following members:
(1) The chief justice of Indiana.
(2) The chief judge of the court of appeals.
(3) The president of the Indiana judges association.
(4) The president of the Indiana council of juvenile and family court judges.
(5) Judges from the districts established by the administrative rules of the supreme court and rules of the board of directors of the judicial conference.
(6) Five (5) trial court judges appointed for terms of one (1) year by the chief justice of Indiana.
(b) The chief justice of Indiana shall serve as chairperson of the board of directors.
[Pre-2004 Recodification Citation: 33-13-14-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.94.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-5. Meetings of Membership; Committees; Hearings; Proposed Legislation; Review

Sec. 5. (a) The entire membership of the judicial conference shall meet:
(1) at least once a year at a time and place to be fixed by the board of directors; and
(2) at other times as may be designated by the board of directors.
(b) The judicial conference may create committees either upon action of the board of directors or by majority vote of the members attending a meeting of the judicial conference. The judicial conference, the board of directors, or any committee of the judicial conference may hold hearings on any question related to the duties set out in section 6 of this chapter. A proposal for legislation relating to courts that is made by the judicial conference shall be presented to the office of judicial administration for study and recommendation by the office of judicial administration before being presented to the general assembly.
[Pre-2004 Recodification Citation: 33-13-14-3.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.95.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-6. Duties of Conference

Sec. 6. The judicial conference shall do the following:
(1) Promote an exchange of experience and suggestions regarding the operation of Indiana's judicial system.
(2) Promote the continuing education of judges.
(3) Seek to promote a better understanding of the judiciary.
(4) Act as administrator for probationers participating in the interstate compact for the supervision of parolees and probationers under IC 11-13-4-3.
(5) Act as compact administrator for probationers participating in the interstate compact on juveniles under IC 11-13-4-3.
[Pre-2004 Recodification Citation: 33-13-14-4.]
As added by P.L.98-2004, SEC.17. Amended by P.L.179-2015, SEC.12; P.L.34-2020, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-7. Attendance at Meetings; per Diem and Travel Allowances

Sec. 7. All members, including full-time magistrates and Marion County small claims court judges, shall attend and those invited to participate may attend the meetings of the judicial conference. Per diem and travel allowances authorized by law shall be paid to the members, full-time magistrates, and Marion County small claims court judges attending from the annual appropriation to the supreme court.
[Pre-2004 Recodification Citation: 33-13-14-5.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.96.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-8. Repealed

[Pre-2004 Recodification Citation: 33-13-14-6.]
As added by P.L.98-2004, SEC.17. Amended by P.L.146-2008, SEC.677. Repealed by P.L.161-2018, SEC.97.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9. Judicial Conference of Indiana and the Office of Judicial Administration › 33-38-9-9. Administration of Alcohol and Drug Services Programs; Certification of Problem Solving Courts

Sec. 9. The office of judicial administration shall administer the following:
(1) The alcohol and drug services program under IC 12-23-14.
(2) The certification of problem solving courts under IC 33-23-16.
[Pre-2004 Recodification Citation: 33-13-14-7.]
As added by P.L.98-2004, SEC.17. Amended by P.L.60-2006, SEC.7; P.L.108-2010, SEC.6; P.L.62-2016, SEC.2; P.L.161-2018, SEC.98.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9.5. Justice Reinvestment Advisory Council › 33-38-9.5-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Advisory council" means the justice reinvestment advisory council established by section 2 of this chapter.
(2) "Board" means the board of directors of the judicial conference of Indiana established by IC 33-38-9-3.
(3) "Local or regional advisory council" means a local or regional justice reinvestment advisory council established by section 4 of this chapter.
(4) "Office of judicial administration" means the office of judicial administration established under IC 33-24-6-1.
As added by P.L.179-2015, SEC.13. Amended by P.L.161-2018, SEC.99; P.L.30-2021, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9.5. Justice Reinvestment Advisory Council › 33-38-9.5-3. Purpose of Advisory Council

Sec. 3. (a) The purpose of the justice reinvestment advisory council is to review policies, promote state and local collaboration, and provide assistance for use of evidence based practices and best practices in community based alternatives and recidivism reduction programs, including:
(1) probation services;
(2) problem solving courts;
(3) mental health and addiction treatment and recovery services;
(4) programs providing for pretrial diversion;
(5) community corrections;
(6) evidence based recidivism reduction programs for currently incarcerated persons;
(7) pretrial services;
(8) other rehabilitation alternatives; and
(9) the incorporation of evidence based decision making into decisions concerning jail overcrowding.
(b) The advisory council shall assist local or regional advisory councils, as established by section 4 of this chapter, in implementing and executing the purposes described in subsection (a).
As added by P.L.179-2015, SEC.13. Amended by P.L.34-2020, SEC.3; P.L.48-2020, SEC.4; P.L.30-2021, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9.5. Justice Reinvestment Advisory Council › 33-38-9.5-4. Establishment of Local or Regional Advisory Council

Sec. 4. (a) A local justice reinvestment advisory council is established in each county in Indiana. The local advisory council of two (2) or more counties may vote to consolidate into a regional advisory council. Membership of a regional advisory council must consist of the members listed in this subsection, which can be filled by a representative from any of the participating counties. A local advisory council consists of at least the following members:
(1) In counties with a chief public defender, the county chief public defender or the county chief public defender's designee. In counties without a chief public defender, a public defender who practices public defense within the county appointed by the local public defense board. If there is no local public defense board, then a public defender who practices public defense within the county appointed by the circuit court judge.
(2) The elected prosecuting attorney or the elected prosecuting attorney's designee.
(3) In counties with a local community mental health center, the director of the center or the director's designee.
(4) The county sheriff or the county sheriff's designee.
(5) In counties with a community corrections program, the director of the county's community corrections program or the director's designee.
(6) The chief probation officer or the chief probation officer's designee.
(7) The president of the county executive (as defined in IC 36-1-2-5) or the president's designee.
(8) The president of the county fiscal body (as defined in IC 36-1-2-6) or the president's designee.
(9) A circuit or superior court judge exercising criminal jurisdiction in the county, selected as follows:
(A) If only one (1) circuit or superior judge exercises criminal jurisdiction in the county, that judge serves as a member of the council.
(B) If more than one (1) circuit or superior court judge exercises criminal jurisdiction in the county, the judge selected by a majority of the circuit and superior court judges exercising criminal jurisdiction in the county shall select a judge exercising criminal jurisdiction to serve as a member of the council.
(C) If the judges exercising criminal jurisdiction in the county are unable to select a judge to serve as a member under clause (B), the chief justice of Indiana shall appoint a judge exercising criminal jurisdiction in the county as a member of the council.
(b) The members of a local or regional advisory council shall annually elect one (1) member as chair and one (1) member as vice chair.
(c) A local or regional advisory council shall meet at least quarterly.
(d) The community corrections advisory board may vote to serve as the local or regional advisory council described in this section. Meeting agendas may include business related to both community correction advisory board and local or regional advisory council duties.
As added by P.L.30-2021, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9.5. Justice Reinvestment Advisory Council › 33-38-9.5-5. Purpose of Local or Regional Advisory Council

Sec. 5. A local or regional advisory council shall promote:
(1) the use of evidence based practices; and
(2) the best practices of community based alternatives and recidivism reduction programs, including:
(A) probation services;
(B) problem solving courts;
(C) mental health and addiction treatment and recovery services;
(D) pretrial services;
(E) community corrections;
(F) evidence based recidivism reduction programs for currently incarcerated persons;
(G) other rehabilitation alternatives; and
(H) the incorporation of evidence based decision making into decisions concerning jail overcrowding.
As added by P.L.30-2021, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9.5. Justice Reinvestment Advisory Council › 33-38-9.5-6. Duties of Local or Regional Advisory Council

Sec. 6. A local or regional advisory council shall do the following:
(1) Review, evaluate, and make recommendations for local:
(A) criminal justice systems and corrections programs;
(B) pretrial services;
(C) behavioral health treatment and recovery services;
(D) community corrections; and
(E) county jail and probation services.
(2) Promote state and local collaboration between the advisory council and the local or regional advisory council.
(3) Review and evaluate local jail overcrowding and recommend a range of possible overcrowding solutions.
(4) Compile reports regarding local criminal sentencing as directed by the advisory council.
(5) Establish committees to inform the work of the local or regional advisory council.
(6) Communicate with the advisory council in order to establish and implement best practices and to ensure consistent collection and reporting of data as requested by the advisory council.
(7) Oversee and manage grants awarded under IC 31-40-5 and IC 31-40-6, unless another local collaborative body in the county is tasked with overseeing the grant awarded.
(8) Prepare and submit an annual report to the advisory council not later than March 31 of each year.
As added by P.L.30-2021, SEC.5. Amended by P.L.101-2022, SEC.36.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 9.5. Justice Reinvestment Advisory Council › 33-38-9.5-7.5. Advisory Council May Establish Electronic Monitoring Standards; Report and Workload Study

Sec. 7.5. (a) The advisory council may develop electronic monitoring standards, which may include the following:
(1) Administration standards, such as establishing policy, procedure, and reporting requirements.
(2) Supervision standards, such as caseload guidelines, establishing the number of individuals supervised by at least one (1) employee of a supervising agency, contacts with tracked individuals, reporting of violations, and any associated fiscal impact relating to these matters.
(3) Minimum technology features required for electronic monitoring equipment.
(4) Any other issues related to establishing electronic monitoring standards deemed appropriate by the advisory council.
(b) The advisory council may report on the standards described in subsection (a) in the annual report required by IC 35-38-2.7-2(b).
(c) The advisory council may conduct a workload study of electronic monitoring and home detention concerning:
(1) staff roles and responsibilities;
(2) local policies and practice, including appropriate use of available technology;
(3) use of evidence based programming and interventions; and
(4) duties and responsibilities of a supervising agency that are not related to electronic monitoring and home detention.
(d) The advisory council may submit a final report containing the findings under subsection (c) not later than July 1, 2025, to the legislative council in an electronic format under IC 5-14-6.
As added by P.L.9-2023, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-1. "Private Judge" Defined

Sec. 1. As used in this chapter, "private judge" means a person who is qualified to act as judge of a case under this chapter.
[Pre-2004 Recodification Citation: 33-13-15-1.]
As added by P.L.98-2004, SEC.17.