Bill Text: IN SB0104 | 2010 | Regular Session | Introduced
Bill Title: Prosecuting attorneys retirement fund issues.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-05 - Senator Tallian added as coauthor [SB0104 Detail]
Download: Indiana-2010-SB0104-Introduced.html
Citations Affected: IC 33-37; IC 33-39-6-5.5; IC 33-39-7.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Pensions and Labor.
Digest Continued
participant's separation from service increases. Increases the court
administration fee from $5 to $7 for all courts except the Marion
County small claims court, and directs that the additional amount be
paid into the fund.
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A BILL FOR AN ACT to amend the Indiana Code concerning
pensions.
(1) A criminal proceeding.
(2) A proceeding to enforce a statute defining an infraction.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-37-1-1,
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have committed an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a court administration fee of
(c) After June 30, 2010, the clerk shall collect a court administration fee of five dollars ($5) in each small claims action filed in a court described in IC 33-34.
(b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:
(1) the family violence and victim assistance fund established by IC 5-2-6.8-3 an amount equal to
(2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to
(3) the law enforcement academy building fund established by IC 5-2-1-13 an amount equal to two and
(4) the law enforcement training fund established by IC 5-2-1-13 an amount equal to
(5) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to
(6) the motor vehicle highway account an amount equal to
(7) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to
(8) the Indiana judicial center drug and alcohol programs fund established by IC 12-23-14-17 for the administration, certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and
(9) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment,
analysis, and preservation of DNA samples and the conduct of a
DNA data base program under IC 10-13-6 an amount equal to
seven six and twenty-nine fifty-six hundredths percent (7.29%);
(6.56%); and
(10) the prosecuting attorneys retirement fund established by
IC 33-39-7-9 an amount equal to ten and six hundredths
percent (10.06%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor of
state shall transfer to the treasurer of state for deposit into the public
defense fund established under IC 33-40-6-1:
(1) after June 30, 2004, and before July 1, 2005, one million
seven hundred thousand dollars ($1,700,000); and
(2) after June 30, 2005, two million seven hundred thousand
dollars ($2,700,000).
(b) Before November 2 each year, the county auditor of each county shall certify to the prosecuting attorneys council the amounts, if any, the county will provide during the ensuing calendar year for full-time prosecuting attorney and deputy prosecuting attorney salaries under IC 36-2-5-14 or IC 36-3-6-3(c).
(c) The county council of a county that provides additional salary under IC 36-2-5-14 or IC 36-3-6-3(c) shall appropriate a sufficient amount to pay the additional salary provided by the county.
(d) The state shall deposit quarterly in the state general fund the money received from the counties under subsection (e) for additional salary provided under IC 36-2-5-14 or IC 36-3-6-3(c).
(e) A county that provides additional salary for a full-time prosecuting attorney or deputy prosecuting attorney under IC 36-2-5-14 or IC 36-3-6-3(c) shall determine for the prosecuting attorney and each deputy prosecuting attorney whether the total of:
(1) the payment made on behalf of that prosecuting attorney or deputy prosecuting attorney;
(2) previous payments made on behalf of that prosecuting attorney or deputy prosecuting attorney in the same calendar
year; and
(3) the state share of:
(A) the prosecuting attorney's salary under section 5 of this
chapter; or
(B) the deputy prosecuting attorney's salary under section
2 of this chapter;
exceeds the Social Security wage base established by the federal
government for that year. If the total does not exceed the Social
Security wage base, the payment made under subsection (d) on
behalf of that prosecuting attorney or deputy prosecuting attorney
must also be accompanied by an amount equal to the employer's
share of Social Security taxes and Medicare taxes. If the total
exceeds the Social Security wage base, the part of the payment on
behalf of the prosecuting attorney or deputy prosecuting attorney
that is below the Social Security wage base must be accompanied
by an amount equal to the employer's share of Social Security taxes
and Medicare taxes, and the part of the payment on behalf of the
prosecuting attorney or deputy prosecuting attorney that exceeds
the Social Security wage base must be accompanied by an amount
that is equal to the employer's share of Medicare taxes.
(1) before December 1, 2011, the salary paid to a participant by the state; or
(2) subject to subsection (b), after November 30, 2011, the total salary paid to a participant by the state plus any additional salary paid by a county or counties under IC 36-2-5-14(b) or IC 36-3-6-3(c);
determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. Before December 1, 2011, the term does not include an amount paid to a participant by a county or counties.
(b) This subsection applies only to a chief deputy prosecuting attorney. The amount of any additional salary paid by a county or counties under IC 36-2-5-14(b) or IC 36-3-6-3(c) included in a participant's salary under subsection (a)(2) may not exceed five thousand dollars ($5,000).
(1) A participant described in section 8(a)(1) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services after December 31, 1989.
(2) A participant described in section 8(a)(2) or 8(a)(3) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services after June 30, 1994.
A participant's contributions shall be deducted from the participant's monthly salary by the auditor of state and credited to the fund.
(b) The state may pay the contributions for a participant.
(c) After November 30, 2011, a participant who completes twenty-two (22) years of creditable service in the fund is not required to make any additional contributions to the fund.
(b) Except as provided in subsections (c) and
(1) one (1) of the following:
(A) before December 1, 2011, the highest annual salary that was paid to the participant before separation from service; or
(B) after November 30, 2011, the applicable salary determined under subsection (g); multiplied by
(2) the percentage prescribed in the following table:
Participant's Years Percentage
of Service
Less than 8 0
8 24%
9 27%
10 30%
11 33%
12 50%
13 51%
14 52%
15 53%
16 54%
17 55%
18 56%
19 57%
20 58%
21 59%
22 or more 60%
(c) If a participant who applies for a retirement benefit is not at least sixty-five (65) years of age, the participant is entitled to receive a reduced annual retirement benefit that equals the benefit that would be payable if the participant were sixty-five (65) years of age reduced by
(1) For a participant who applies for a retirement benefit before December 1, 2011, one-quarter percent (0.25%).
(2) For a participant who applies for a retirement benefit after November 30, 2011, one-tenth percent (0.1%).
(d) This subsection applies to a retirement benefit computed after November 30, 2011, under subsection (b) or (c). If a participant has a partial year of service in addition to at least eight (8) full years of service, a participant is entitled to have added to the percentage prescribed under subsection (b)(2) an additional amount that is determined by prorating between the applicable percentages based on the number of months in the partial year of service.
(g) The applicable salary is one (1) of the following:
(1) The highest annual salary that was paid to the participant before separation from service for:
(A) a participant who applies to receive a retirement benefit from the fund before December 1, 2011; or
(B) a participant who:
(i) before December 1, 2011, separates from service;
(ii) is entitled to receive a retirement benefit from the fund, but does not apply before December 1, 2011, to receive a retirement benefit from the fund; and
(iii) does not earn any service credit in the fund after November 30, 2011.
(2) The salary being paid for the office with the highest annual salary that the participant held before or at the time of the participant's separation from service for a participant who:
(A) applies to receive a benefit after November 30, 2011; and
(B) is not a participant described in subdivision (1)(B).
(1) the participant has at least five (5) years of creditable service;
(2) the participant has qualified for Social Security disability benefits and has furnished proof of the Social Security qualification to the board; and
(3) at least once each year until the participant becomes sixty-five (65) years of age a representative of the board verifies the continued disability.
For purposes of this section, a participant who has qualified for disability benefits under the federal civil service system is considered to have met the requirement of subdivision (2) if the participant furnishes proof of the qualification to the board.
(b) Except as provided in subsection (c), a participant who becomes disabled after November 30, 2011, while in active service in a position described in section 8 of this chapter may retire for the duration of the disability if:
(1) the board determines that:
(A) the participant is incapacitated because of at least one (1) physical or mental condition that renders the participant unable to perform the essential duties of a prosecuting attorney; and
(B) the condition is likely to be permanent; and
(2) at least once each year until the participant becomes sixty-five (65) years of age the board verifies the continued disability.
(1) results from an intentionally self-inflicted injury or attempted suicide while sane or insane;
(2) results from the participant's commission or attempted commission of a felony; or
(3) begins within two (2) years after a participant's entry or reentry into active service in a position described in section 8 of this chapter and was caused or contributed to by a mental or physical condition that manifested itself before the participant entered or reentered active service.
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
(1) the
(2) the applicable percentage prescribed in one (1) of the following
(A) For a participant who applies for a disability benefit before December 1, 2011:
Participant's Years Percentage
of Service
Less than 5 0
5-10 40%
11 41%
12 42%
13 43%
14 44%
15 45%
16 46%
17 47%
18 48%
19 49%
20 or more 50%
(B) For a participant who applies for a disability benefit after November 30, 2011:
Participant's Years Percentage
of Service
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%
(b) This subsection applies to a disability benefit computed after November 30, 2011, under subsection (a). If a participant has a partial year of service in addition to at least eight (8) full years of service, a participant is entitled to have added to the percentage prescribed under subsection (a)(2) an additional amount that is determined by prorating between the applicable percentages based on the number of months in the partial year of service.
(1) dies; and
(2) on the date of death:
(A) was receiving benefits under this chapter;
(B) had completed at least eight (8) years of service in a position described in section 8 of this chapter; or
(C) met the requirements for disability benefits under section 17 of this chapter;
is entitled, regardless of the participant's age, to the benefit prescribed by subsection (b) or (c).
(b) This subsection applies to the surviving spouse of a participant who dies before December 1, 2011. The surviving spouse is entitled to a benefit for life equal to the greater of:
(1) seven thousand dollars ($7,000); or
(2) fifty percent (50%) of the amount of retirement benefit the participant was drawing at the time of death, or to which the participant would have been entitled had the participant retired and begun receiving retirement benefits on the date of death, with reductions as necessary under section 16(c) of this chapter.
(c) This subsection applies to the surviving spouse of a participant who dies after November 30, 2011. The surviving spouse is entitled to a benefit for life equal to the greater of:
(1) twelve thousand dollars ($12,000); or
(2) fifty percent (50%) of the amount of retirement benefit the participant was drawing at the time of death, or to which the participant would have been entitled if the participant retired and began receiving retirement benefits on the date of death, with reductions as necessary under section 16(c) of this chapter.
(b) If a salary increase is provided in a particular state fiscal year under IC 33-39-6-5 or any other provision enacted by the general assembly in the state fiscal year, the monthly benefit payable under this chapter shall be increased by the same percentage by which salaries are increased under IC 33-39-6-5 in that state fiscal year. The percentage increase shall be applied to the monthly benefit (including any previous increases to the monthly benefit received under this section or under any other provision) received by the participant as of June 30 of the immediately preceding state fiscal year. The percentage increase to the monthly benefit takes effect at the same time that the salary increase under IC 33-39-6-5 takes effect.
(c) A monthly benefit increase payable under this section may not include any amount based on the percentage by which any salary provided by a county or counties under IC 36-2-5-14 or IC 36-3-6-3(c) may have increased in a state fiscal year.
(b) IC 33-39-7-7, IC 33-39-7-12, IC 33-39-7-16, IC 33-39-7-17, IC 33-39-7-18, and IC 33-39-7-19, all as amended by this act, apply only to a participant who, after November 30, 2011, earns creditable service in the fund for service in a position described in IC 33-39-7-8(a).