Sec. 16. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 20 of this chapter.

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Terms Used In Indiana Code 33-38-8-16

  • participant: means a judge who participates in the fund. See Indiana Code 33-38-8-7
  • 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. See Indiana Code 33-38-8-8
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (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.

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