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.
Structure Indiana Code
Title 33. Courts and Court Officers
Chapter 8. 1985 Retirement, Disability, and Death System
33-38-8-1. Application of Chapter
33-38-8-2. "Americans With Disabilities Act"
33-38-8-6. "Internal Revenue Code"
33-38-8-10.5. Magistrate Election to Participate in Benefit System
33-38-8-12. Withdrawal of Participant From Fund
33-38-8-13. Retirement Benefits; Termination of Employment; Conditions
33-38-8-14. Retirement Benefits; Computation of Amount
33-38-8-16. Permanent Disability of Participants; Amount of Benefits
33-38-8-17. Death of Participant; Benefits of Surviving Spouse or Children
33-38-8-18. Death of Participant; Benefits of Dependent Children
33-38-8-19. Death of Participant; Payments When No Benefits Payable to Survivors
33-38-8-20. Maximum Annual Benefit Under Internal Revenue Code
33-38-8-21. Service Credit; Contributions for Service as Judge or Full-Time Magistrate
33-38-8-24. Cost of Living Adjustments Payable After December 31, 2007, and December 31, 2008
33-38-8-25. Cost of Living Adjustments for Certain Participants