Sec. 15. A participant whose employment in a position described in section 8 of this chapter is terminated is entitled to a retirement benefit computed under section 16 or 18 of this chapter, beginning on the date specified by the participant in a written application, if all of the following conditions are met:
(1) The application for retirement benefits and the choice of the retirement date is filed on a form provided by the board, and the retirement date is:
(A) after the cessation of the participant's service;
(B) on the first day of a month; and
(C) not more than six (6) months before the date the application is received by the board.
However, if the board determines that a participant is incompetent to file for benefits and choose a retirement date, the retirement date may be any date that is the first of the month after the time the participant became incompetent.
(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 and is not entitled to receive any salary for services currently performed, except for services rendered as a senior prosecuting attorney under IC 33-39-10-1.
[Pre-2004 Recodification Citation: 33-14-9-13.]
As added by P.L.98-2004, SEC.18. Amended by P.L.33-2006, SEC.1; P.L.160-2013, SEC.4; P.L.57-2014, SEC.8.
Structure Indiana Code
Title 33. Courts and Court Officers
Article 39. Prosecuting Attorneys
33-39-7-0.1. Applicability of p.l.33-2006 Amendments
33-39-7-1. Application of Chapter
33-39-7-2. Americans With Disabilities Act
33-39-7-9. Establishment of Fund; Contents
33-39-7-10. Fund Construed as Trust; Purpose
33-39-7-11. Administration; Commingling; Duties of Board; Appeals; Confidentiality of Fund Records
33-39-7-12.5. Submission of Contributions, Reports, and Records Electronically
33-39-7-13. Withdrawals; Rejoining Fund if Participant Returns to Service
33-39-7-15. Eligibility for Retirement Benefits
33-39-7-16. Computation of Retirement Benefits
33-39-7-17. Eligibility for Disability Benefits; Certification by Physician; Segregation of Records
33-39-7-18. Computation of Disability Benefits
33-39-7-19. Benefits Payable to Surviving Spouse; Eligibility; Computation
33-39-7-20. Benefits Payable to Dependent Children; Eligibility; Computation; Distribution
33-39-7-21. Withdrawal of Funds After Participant Dies; Surviving Spouse; Children; Estate
33-39-7-22. Satisfaction of Section 401 of the Internal Revenue Code Requirements
33-39-7-24. Rollover to Eligible Retirement Plan