CHAPTER 3. PENSIONS FOR FORMER GOVERNORS AND SURVIVING SPOUSES
IC 4-3-3
Chapter 3. Pensions for Former Governors and Surviving Spouses
IC 4-3-3-1
Repealed
(Repealed by Acts 1980, P.L.9, SEC.5.)
IC 4-3-3-1.1
Retirement benefit of governor; eligibility; elections; limitations;
payment
Sec. 1.1. (a) An individual who holds the office of governor for
any length of time during one (1) term of that office is entitled to
receive an annual retirement benefit under subsection (e). Provided,
however, an individual who succeeds to the office of governor
without being elected is not entitled to an annual retirement benefit
under this section unless such person serves for more than one (1)
year of the term of the office.
(b) An individual who holds the office of governor for any length
of time during each of two (2) separate terms of that office is entitled
to receive an annual retirement benefit under subsection (f).
(c) If an individual who holds the office of governor resigns or is
removed from office, during a term of that office, for any reason
except a mental or physical disability that renders him unable to
discharge the powers and duties of the office, then the term during
which he resigned or was removed may not be considered for
determining his annual retirement benefit under this section.
(d) The retirement benefit shall be paid in equal monthly
installments by the treasurer of state on warrant of the auditor of
state after a claim has been made for the retirement benefit to the
auditor by the governor or a person acting on his behalf. A governor
shall choose the date on which he will begin receiving his retirement
benefit; however, the date must be the first state employee payday of
a month. A governor may not receive the retirement benefit as long
as he holds an elective position with any federal, state, or local
governmental unit, and he may not receive the retirement benefit
until he has reached at least age sixty-two (62) years. The governor's
choice of initial benefit payment date and the governor's choice of
benefit payment amount under subsections (e) and (f) are revocable
until the governor receives the first monthly installment of his
retirement benefit; after that installment is received, the choice of
date and the choice of amount are irrevocable.
(e) With respect to a governor who is entitled to a retirement
benefit under subsection (a):
(1) if he chooses to begin receiving his retirement benefit on or
after the date he reaches age sixty-two (62) years but before he
reaches age sixty-five (65) years, he may choose to receive:
(A) the retirement benefits he is entitled to, if any, from the
public employees' retirement fund; or
(B) thirty percent (30%) of the governor's annual salary set
in IC 4-2-1-1 for the remainder of his life; or
(2) if he chooses to begin receiving his retirement benefit on or
after the date he reaches age sixty-five (65) years, he may
choose to receive:
(A) the retirement benefits he is entitled to, if any, from the
public employees' retirement fund; or
(B) forty percent (40%) of the governor's annual salary set
in IC 4-2-1-1 for the remainder of his life.
(f) With respect to a governor who is entitled to a retirement
benefit under subsection (b):
(1) if he chooses to begin receiving his retirement benefit on or
after the date he reaches age sixty-two (62) years but before he
reaches age sixty-five (65) years, he may choose to receive:
(A) the retirement benefits he is entitled to, if any, from the
public employees' retirement fund;
(B) forty percent (40%) of the governor's annual salary set
in IC 4-2-1-1 for the remainder of his life; or
(2) if he chooses to begin receiving his retirement benefit on or
after the date he reaches age sixty-five (65) years, he may
choose to receive:
(A) the retirement benefits he is entitled to, if any, from the
public employees' retirement fund; or
(B) fifty percent (50%) of the governor's annual salary set in
IC 4-2-1-1 for the remainder of his life.
As added by Acts 1980, P.L.9, SEC.1. Amended by P.L.6-1996,
SEC.1; P.L.22-1998, SEC.1.
IC 4-3-3-2
Pension of surviving spouse; election; limitations; payment
Sec. 2. (a) The surviving spouse of each individual who:
(1) serves as governor; and
(2) is entitled to a retirement benefit under section 1.1 of this
chapter;
is entitled to an annual pension.
(b) The pension to which a governor's surviving spouse is entitled
under this section shall be paid in equal monthly installments by the
treasurer of state on warrant of the auditor of state after a claim has
been made for the pension to the auditor by:
(1) the surviving spouse; or
(2) a person acting on behalf of the surviving spouse.
(c) The annual pension to which a governor's surviving spouse is
entitled under this section is equal to the following:
(1) For the surviving spouse of a governor who died before July
1, 1998, the greater of:
(A) the annual retirement benefit received by the surviving
spouse during the year beginning July 1, 1998; or
(B) ten thousand dollars ($10,000).
(2) For the surviving spouse of a governor who dies after June
30, 1998, the greater of:
(A) fifty percent (50%) of the annual retirement benefit that
the governor to whom the surviving spouse was married was
receiving or was entitled to receive on the date of the
governor's death; or
(B) ten thousand dollars ($10,000).
(d) The surviving spouse of a governor must make the election
required under subsection (c)(1) or (c)(2). Once a surviving spouse
has received any pension payment under this section, the election is
irrevocable.
(e) A governor's surviving spouse is entitled to receive the pension
provided under this section for life unless the surviving spouse
remarries.
(f) Notwithstanding any other law to the contrary, the pension
provided under this section is in addition to any other retirement
benefits a governor's surviving spouse is entitled to receive.
As added by Acts 1980, P.L.9, SEC.2. Amended by P.L.195-1999,
SEC.6; P.L.97-2004, SEC.13.
IC 4-3-3-3
Application of chapter
Sec. 3. This chapter applies to any governor of Indiana regardless
of whether his service occurred before, on, or after January 14, 1981,
and to the surviving spouse of any such governor.
As added by Acts 1980, P.L.9, SEC.3.