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.

Terms Used In Indiana Code 33-38-8-18

  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • participant: means a judge who participates in the fund. See Indiana Code 33-38-8-7
     (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.

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