reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-5. Classes of Counties; Population; Gross Assessed Valuation

Sec. 5. (a) The nine (9) classes of the several counties of the state as set out in this chapter are based on a unit factor system. The factors are determined by the relation of the county to the state as established and certified to each county auditor by the state board of accounts not later than July 1 of each year. They are as follows:
(1) Population.
(2) Gross assessed valuation as shown by the last preceding gross assessed valuation as certified by the various counties to the auditor of the state in the calendar year in which the calculation is made.
(b) The factors for each of the nine (9) classes set out in this chapter shall be obtained as follows:
(1) The population of each county shall be divided by the population of the entire state.
(2) The gross assessed valuation of each county shall be divided by the gross assessed valuation of the entire state.
(3) The results obtained under subdivision (1) and (2) shall be added together and the sum obtained for each county shall be divided by two (2).
(4) The result obtained under subdivision (3), multiplied by one hundred (100), determines the classification of each county according to the following schedule:
Classification Factors
High
Low
Class
No limit
8.00
1
All under
8.00
2.25
2
All under
2.25
1.25
3
All under
1.25
.85
4
All under
.85
.70
5
All under
.70
.60
6
All under
.60
.50
7
All under
.50
.35
8
All under
.35
no limit
9
[Pre-2004 Recodification Citation: 33-13-12-7.1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-6. Total Annual Salary for Full-Time Judges

Sec. 6. (a) The annual salary of each full-time judge of a circuit, superior, municipal, county, or probate court is one hundred ten thousand five hundred dollars ($110,500), as adjusted after June 30, 2006, under section 8.1 of this chapter, paid by the state. In addition, a judge under this section may receive any additional salary provided by the county under IC 36-2-5-14 or IC 36-3-6-3(c). The state shall deposit quarterly the money received from the counties under subsection (c) for additional salary in the state general fund.
(b) Before November 2 of each year, the county auditor of each county shall certify to the office of judicial administration the amounts, if any, to be provided by the county during the ensuing calendar year for judges' salaries under IC 36-2-5-14 or IC 36-3-6-3(c).
(c) When making each payment under subsection (a), the county shall determine for each judge whether the total of:
(1) the payment made on behalf of that judge;
(2) previous payments made on behalf of that judge in the same calendar year; and
(3) the state share of the judge's salary under subsection (a);
exceeds the Social Security wage base established by the federal government for that year. If the total does not exceed the Social Security wage base, the payment on behalf of that judge must also be accompanied by an amount equal to the employer's share of Social Security taxes and Medicare taxes. If the total exceeds the Social Security wage base, the part of the payment on behalf of the judge that is below the Social Security wage base must be accompanied by an amount equal to the employer's share of Social Security taxes and Medicare taxes, and the part of the payment on behalf of the judge that exceeds the Social Security wage base must be accompanied by an amount equal to the employer's share of Medicare taxes. Payments made under this subsection shall be deposited in the state general fund under subsection (a).
(d) For purposes of determining the amount of life insurance premiums to be paid by a judge who participates in a life insurance program that:
(1) is established by the state;
(2) applies to a judge who is covered by this section; and
(3) bases the amount of premiums to be paid by the judge on the amount of the judge's salary;
the judge's salary does not include any amounts paid to the state by a county under subsection (a).
[Pre-2004 Recodification Citation: 33-13-12-8.2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.159-2005, SEC.1; P.L.161-2018, SEC.92.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-7. Juvenile Court Magistrate; Source of Salary

Sec. 7. Of the annual salary of a juvenile court magistrate, the county served by the magistrate shall pay forty-one thousand three hundred ninety-three dollars ($41,393). The balance of the annual salary shall be paid by the state from the state general fund.
[Pre-2004 Recodification Citation: 33-13-12-9.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-8. Total Annual Salary; Supreme Court Justices; Appellate Court Judges

Sec. 8. (a) The annual salary for each justice of the supreme court is one hundred thirty-three thousand six hundred dollars ($133,600), as adjusted after June 30, 2006, under section 8.1 of this chapter.
(b) The annual salary for each judge of the court of appeals is one hundred twenty-nine thousand eight hundred dollars ($129,800), as adjusted after June 30, 2006, under section 8.1 of this chapter.
(c) The state shall pay the annual salaries prescribed in subsections (a) through (b) from the state general fund.
(d) In addition to salary, the state shall pay to a justice or judge, in equal monthly payments on the first day of each month from money in the state general fund not otherwise appropriated, the following annual subsistence allowances to assist in defraying expenses relating to or resulting from the discharge of the justice's or judge's official duties:
(1) Five thousand five hundred dollars ($5,500) to the chief justice of the supreme court.
(2) Five thousand five hundred dollars ($5,500) to the chief judge of the court of appeals.
(3) Three thousand dollars ($3,000) to each justice of the supreme court who is not the chief justice.
(4) Three thousand dollars ($3,000) to each judge of the court of appeals who is not the chief judge.
A justice or judge is not required to make an accounting for an allowance received under this subsection.
(e) The state may not furnish automobiles for the use of justices or judges compensated under this section.
[Pre-2004 Recodification Citation: 33-13-12-11.]
As added by P.L.98-2004, SEC.17. Amended by P.L.159-2005, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-8.1. Salary Increases for Judges and Justices in Certain State Fiscal Years

Sec. 8.1. (a) Except as otherwise provided in this section, the part of the total salary of an official:
(1) paid by the state; and
(2) set under section 6 or 8 of this chapter;
is increased in each state fiscal year in which the general assembly does not amend the section of law under which the salary is determined to provide a salary increase for the state fiscal year.
(b) The percentage by which salaries are increased in a state fiscal year under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, for the state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on July 1 of the immediately preceding state fiscal year.
(c) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular state fiscal year to the salary payable by the state, as previously adjusted under this section, that is in effect on June 30 of the immediately preceding state fiscal year. However, a salary increase that would otherwise occur under this section in the state fiscal year beginning July 1, 2011, or in the state fiscal year beginning July 1, 2012, shall not occur unless the increase for that state fiscal year is approved by the chief justice of the supreme court.
(d) An official is not entitled to receive a salary increase under this section in a state fiscal year in which state employees described in subsection (b) do not receive a statewide average salary increase.
(e) If a salary increase is required under this section, the budget director shall augment judicial appropriations, including the line items for personal services for the supreme court, local judges' salaries, and county prosecutors' salaries, in the state biennial budget in an amount sufficient to pay for the salary increase from the sources of funds determined by the budget director.
As added by P.L.159-2005, SEC.3. Amended by P.L.229-2011, SEC.265.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-8.2. Health Care Adjustment for Employees of Judicial Branch

Sec. 8.2. (a) As used in this section, "employees of the judicial branch" includes the following:
(1) Each judge described in section 6 of this chapter.
(2) Each magistrate:
(A) described in section 7 of this chapter; and
(B) receiving a salary under IC 33-23-5-10.
(3) Each justice and judge described in section 8 of this chapter.
(4) The judge described in IC 33-26.
(5) A prosecuting attorney whose entire salary is paid by the state.
(b) Employees of the judicial branch are entitled to a health care adjustment in any year that the governor provides a health care adjustment to employees of the executive branch.
As added by P.L.95-2004, SEC.16. Amended by P.L.2-2005, SEC.110; P.L.165-2021, SEC.195.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-9. Schedule of Working Hours for Courts

Sec. 9. (a) A judge described in section 6 of this chapter, the justices of the supreme court, and the judges of the court of appeals shall:
(1) formulate;
(2) post in a prominent place; and
(3) make available to the public;
a schedule of the working hours during which the court will be open and during which each judge or justice will be present.
(b) A judge or justice shall hold the court open and be available in the court during:
(1) regular business hours; or
(2) the hours specified on the schedule, if the business of the court requires evening or weekend sessions.
(c) A judge or justice may be absent from the court due to official business, matters relating to the judge's or justice's judicial office, illness, serious personal matters, or regular vacation.
[Pre-2004 Recodification Citation: 33-13-12-12.]
As added by P.L.98-2004, SEC.17.
2023 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 33-38-6-2.5. "Electronic Funds Transfer"

Sec. 2.5. As used in this chapter, IC 33-38-7, and IC 33-38-8, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f).
As added by P.L.13-2011, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 33-38-6-3. "Employer"

Sec. 3. As used in this chapter, "employer" means the state of Indiana.
[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 6. Judges' Retirement System › 33-38-6-4. "Fiscal Year"

Sec. 4. As used in this chapter, "fiscal year" means the period beginning July 1, in any year, and ending June 30 of the succeeding year.
[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 6. Judges' Retirement System › 33-38-6-5. "Fund"

Sec. 5. As used in this chapter, "fund" refers to the Indiana judges' retirement fund established by section 12 of this chapter.
[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 6. Judges' Retirement System › 33-38-6-6. "Internal Revenue Code"

Sec. 6. As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect September 1, 1974, if permitted with respect to governmental plans; or
(2) to the extent not inconsistent 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 6. Judges' Retirement System › 33-38-6-7. "Judge"

Sec. 7. As used in this chapter, "judge" means a person who serves or has served as a regular judge or justice of one (1) or more of the following courts:
(1) Supreme court.
(2) Court of appeals.
(3) Indiana tax court.
(4) Circuit court of a judicial circuit.
(5) Superior court of a county.
(6) Criminal court of a county having a separate criminal court.
(7) Probate court of a county having a separate probate court.
(8) Juvenile court of a county having a separate juvenile court.
(9) Municipal court of a county.
(10) County court of a county.
[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 6. Judges' Retirement System › 33-38-6-8. "Judge Pro Tempore Service"

Sec. 8. As used in this chapter, "judge pro tempore service" means service in Indiana as a full-time judge pro tempore appointed under Trial Rule 63(B) that:
(1) is not covered by IC 33-38-7 or IC 33-38-8; and
(2) is served by a person who has other service that is covered by IC 33-38-7 or IC 33-38-8.
[Pre-2004 Recodification Citation: 33-13-8-27.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 33-38-6-9. "Participant"

Sec. 9. 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: 33-13-8-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 full-time magistrate.
[Pre-2004 Recodification Citation: 33-13-8-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.7.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 the manner provided by the general assembly, including appropriations from the state general fund as provided by this chapter.
[Pre-2004 Recodification Citation: 33-13-8-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 and income of the fund to participants and their beneficiaries in accordance with this chapter, IC 33-38-7, and IC 33-38-8.
(2) A part of the corpus or income of the fund may not be used or diverted to a purpose other than the exclusive benefit of the participants and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits a participant would otherwise receive under the fund.
(4) If the fund is terminated or if all contributions to the fund are completely discontinued, the rights of each affected participant to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.
(5) All benefits paid from the fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the fund is subject to the following provisions:
(A) The life expectancy of a participant, the participant's spouse, or the participant's beneficiary shall not be recalculated after the initial determination, for purposes of determining benefits.
(B) If a participant dies before the distribution of the participant's benefits has begun, distributions to beneficiaries must begin not later than December 31 of the calendar year immediately following the calendar year in which the participant died.
(6) The board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of participants or beneficiaries;
in a manner that discriminates in favor of participants who are considered officers, supervisors, or highly compensated, as prohibited under Section 401(a)(4) of the Internal Revenue Code.
(7) The salary taken into account under this chapter, IC 33-38-7, or IC 33-38-8 may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.
[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 6. Judges' Retirement System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 a manner consistent with the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). A participant on a leave of absence that qualifies for the benefits and protections afforded by the Family and Medical Leave Act is entitled to receive credit for vesting and eligibility purposes to the extent required by the Family and Medical Leave Act but is not entitled to receive credit for service for benefit purposes.
(c) Notwithstanding any provision of this chapter, IC 33-38-7, and IC 33-38-8, a participant is entitled to service credit and benefits in the amount and to the extent required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).
[Pre-2004 Recodification Citation: 33-13-8-4.1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 the federal Social Security Act (as defined in IC 5-10.1-1-9). The referendum must be conducted in full compliance with all the requirements of Section 218(d) of the federal Social Security Act. The governor shall designate the board as the agency to conduct and supervise the referendum, and the expense of conducting the referendum shall be paid from funds appropriated to the fund.
(b) If the majority of the judges who are eligible to vote in the referendum described in subsection (a) vote in the negative, the board may request that a subsequent referendum be conducted in the same manner and with the same effect described in subsection (a). However, a subsequent referendum may not be conducted within one (1) year after the date of the prior referendum.
(c) If a majority of the judges who are eligible to vote in the referendum described in subsection (a) vote in the affirmative, both the:
(1) judges covered by the retirement fund; and
(2) judges who waived their right to be covered by the provisions of the retirement fund;
shall be included in the agreement negotiated by the state with the Secretary of the United States Department of Health and Human Services in the same manner provided in IC 5-10.1-4 for the inclusion of services covered by the retirement systems specified in IC 5-10.1-4-1 in the agreement.
(d) Each judge whose services are covered by Social Security is required to pay during the period of the judge's service the employee contributions required by the agreement. The contributions shall begin on the effective date of the judge's coverage and are subject to the terms and conditions of IC 5-10.1.
(e) The auditor of state shall pay the employer contributions required under the agreement wholly from funds appropriated to the fund, and the contributions begin on the effective date of the modification that adds the judges of the fund to the federal-state agreement. The employer contributions shall be paid in the manner provided in the agreement.
(f) The modification of the federal-state agreement to effectuate the participation of the judges in the agreement must be effective for services performed on a date fixed and determined by the board.
[Pre-2004 Recodification Citation: 33-13-8-15.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 fund held for benefits at the date of the appropriation, is equal to the total liability of the fund for benefits to the end of the biennium.
(2) From the earnings on the fund, for administration purposes, the amount required during the biennium, as determined by the board on the basis of experience. The amount required for administration shall be paid out as the operating expenses of other state departments are paid.
(b) The biennial appropriation provided in this section shall be credited to the board annually in equal installments in July of each year of the biennium.
[Pre-2004 Recodification Citation: 33-13-8-16.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 proof of the loss. The loss resulting from the participant's criminal taking of the participant's employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.
(b) The board may withhold payment of a participant's contributions and interest if the employer of the participant notifies the board that felony or misdemeanor charges accusing the participant of the criminal taking of the employer's property have been filed.
(c) The board may withhold payment of a participant's contributions and interest under subsection (b) until the final resolution of the criminal charges.
(d) Subsections (b) and (c) do not apply to the:
(1) retirement benefit of a retired participant; or
(2) disability benefit of a participant who becomes permanently disabled.
As added by P.L.27-2019, SEC.20. Amended by P.L.203-2019, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 the county auditor shall draw a warrant to the fund for the total contributions withheld from the participants each month. The warrant drawn to the fund together with a list of participants and the amount withheld from each participant shall be transmitted immediately to the director.
(c) 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 this section by electronic funds transfer in accordance with section 21.5 of this chapter.
[Pre-2004 Recodification Citation: 33-13-8-21.]
As added by P.L.98-2004, SEC.17. Amended by P.L.13-2011, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 IC 33-38-8; and
(2) contributions paid by or on behalf of a participant under section 21 of this chapter, IC 33-38-7-10, or IC 33-38-8-11.
(c) An employer shall submit in a uniform format through a secure connection over the Internet or through other electronic means specified by the board the reports and records required by the board under this chapter, IC 33-38-7, or IC 33-38-8.
(d) The board shall establish by rule the due dates for all reports, records, and contributions required under this chapter, IC 33-38-7, or IC 33-38-8.
As added by P.L.13-2011, SEC.7.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 the participant, after the deduction of the participant's contribution.
[Pre-2004 Recodification Citation: 33-13-8-22.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 make payments of benefits under IC 33-38-7 and IC 33-38-8.
(2) In accordance with the powers and duties granted it in IC 5-10.3-3-7.1, IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-6, administer the fund.
(3) Provide by rule for the implementation of this chapter and IC 33-38-7 and IC 33-38-8.
(4) Authorize deposits.
(c) A determination by the board may be appealed under the procedures in IC 4-21.5.
(d) The powers and duties of:
(1) the director and the actuary of the board; and
(2) the attorney general;
with respect to the fund are those specified in IC 5-10.3-3, IC 5-10.3-4, IC 5-10.5-4, and IC 5-10.5-6.
(e) The board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter.
(f) Fund records of individual participants and participants' information are confidential, except for the name and years of service of a fund participant.
[Pre-2004 Recodification Citation: 33-13-8-25.]
As added by P.L.98-2004, SEC.17. Amended by P.L.94-2004, SEC.6; P.L.99-2010, SEC.9; P.L.13-2011, SEC.8; P.L.35-2012, SEC.103.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 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 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.
[Pre-2004 Recodification Citation: 33-13-8-26.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 33-38-6-25. Service Credit; Contributions for Service as Judge or Full-Time Magistrate

Sec. 25. (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.
[Pre-2004 Recodification Citation: 33-13-8-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6. Judges' Retirement System › 33-38-6-27. Reference to Judges' Retirement System

Sec. 27. A reference to the judges' retirement system under this chapter is considered a reference to the judges' retirement fund under this article.
[Pre-2004 Recodification Citation: 33-4-1-75.3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6.9. Application of Certain Statutes to the 1977 and the 1985 Retirement, Disability, and Death Systems › 33-38-6.9-1. "Board"

Sec. 1. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system.
As added by P.L.220-2011, SEC.541. Amended by P.L.35-2012, SEC.104.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6.9. Application of Certain Statutes to the 1977 and the 1985 Retirement, Disability, and Death Systems › 33-38-6.9-2. Application of Certain Amendments to Prior Law

Sec. 2. IC 33-13-9.1-4 (before its repeal, now codified at IC 33-38-7-11), IC 33-13-10.1-7 (before its repeal, now codified at IC 33-38-8-14), IC 33-13-10.1-9 (before its repeal, now codified at IC 33-38-8-16), and IC 33-13-10.1-10 (before its repeal, now codified at IC 33-38-8-17), all as amended by P.L.282-1995, apply to all benefits paid under IC 33-13-9.1 (before its repeal, now codified at IC 33-38-7) and IC 33-13-10.1 (before its repeal, now codified at IC 33-38-8) after June 30, 1995, but do not require the board to recompute any benefits that were paid under IC 33-13-9.1 (before its repeal, now codified at IC 33-38-7) or IC 33-13-10.1 (before its repeal, now codified at IC 33-38-8), before July 1, 1995.
As added by P.L.220-2011, SEC.541.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6.9. Application of Certain Statutes to the 1977 and the 1985 Retirement, Disability, and Death Systems › 33-38-6.9-3. Application of Certain Amendments to Ic 33-38-7-11

Sec. 3. The amendments made to IC 33-38-7-11 by P.L.28-2005 apply:
(1) to participants in the judges' 1977 retirement, disability, and death benefit system regardless of whether the participants:
(A) retired before July 1, 2005; or
(B) retire after June 30, 2005; and
(2) only to benefits first payable after June 30, 2005.
As added by P.L.220-2011, SEC.541.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 6.9. Application of Certain Statutes to the 1977 and the 1985 Retirement, Disability, and Death Systems › 33-38-6.9-4. Application of Certain Amendments to Ic 33-38-8-13

Sec. 4. The amendments made to IC 33-38-8-13 by P.L.28-2005 apply:
(1) to participants in the judges' 1985 retirement, disability, and death benefit system regardless of whether the participants:
(A) retired before July 1, 2005; or
(B) retire after June 30, 2005; and
(2) only to benefits first payable after June 30, 2005.
As added by P.L.220-2011, SEC.541.
2023 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 prior law was intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If the prior law replaces a law in the same form or in a restated form, the substantive operation and effect of that repealed statute continue uninterrupted.
(d) The prior law and the repeal of the repealed statutes do not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before September 1, 1985. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced as if the prior law had not been enacted and the repealed statutes had not been repealed.
As added by P.L.220-2011, SEC.542.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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 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 › 33-38-7-7. "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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 33-38-7-9. "Services"

Sec. 9. As used in this chapter, "services" means the period beginning on the first day a person first becomes a judge, whether the date is before, on, or after March 11, 1953, and ending on the date under consideration and includes all intervening employment as a judge.
[Pre-2004 Recodification Citation: 33-13-9.1-2.]
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 › 33-38-7-10. 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, 1953, shall become a participant in the fund and be subject to this chapter, beginning on July 1, 1953, unless twenty (20) days before July 1, 1953, the judge files with the board a written notice of election not to participate in the fund.
(b) A person who:
(1) becomes a judge after July 1, 1953, and before September 1, 1985; and
(2) is not a participant in the fund;
becomes a participant in the fund and is subject to this chapter, beginning on the date the person becomes a judge, unless within twenty (20) days after that date the judge files with the board a written notice of election not to participate in the fund. An election filed under this subsection is irrevocable.
(c) A person who irrevocably:
(1) elects not to participate in the fund; or
(2) withdraws from the fund under section 13 of this chapter;
is ineligible to participate and to receive benefits under this chapter.
(d) Participation of a judge in the fund continues until the date on which the judge:
(1) becomes an annuitant;
(2) dies; or
(3) accepts a refund;
but a person is not required to pay into the fund during any period that the person is not serving as a judge, except as otherwise provided in this chapter.
(e) A participant is considered to have made a one (1) time irrevocable salary reduction agreement of six percent (6%) of each payment of salary that a participant would otherwise have received for services as a judge.
(f) The auditor of state and the county auditor shall pay and credit to the fund the amounts described in subsection (e) 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 (e) by electronic funds transfer in accordance with IC 33-38-6-21.5. However, no amounts shall be paid on behalf of a participant for more than twenty-two (22) years.
[Pre-2004 Recodification Citation: 33-13-9.1-3.]
As added by P.L.98-2004, SEC.17. Amended by P.L.13-2011, SEC.9.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 7. 1977 Retirement, Disability, and Death System › 33-38-7-12. Permanent Disability of Participants; Transcripts, Records, and Other Materials

Sec. 12. (a) Benefits provided under this section are subject to IC 33-38-6-13.
(b) A participant is considered permanently disabled if the board has received a written certificate by at least two (2) licensed and practicing physicians, appointed by the board, indicating 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.
(c) The participant shall be reexamined by at least two (2) physicians appointed by the board at the times as 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 cease to be payable as of the date of the examination unless, on that date, the participant is:
(1) at least sixty-five (65) years of age; or
(2) at least fifty-five (55) years of age and meets the requirements under section 11(b)(2)(B) of this chapter.
(d) 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: 33-13-9.1-5.]
As added by P.L.98-2004, SEC.17.