2016 Indiana Code
TITLE 4. STATE OFFICES AND ADMINISTRATION
ARTICLE 3. GOVERNOR
CHAPTER 3. PENSIONS FOR FORMER GOVERNORS AND SURVIVING SPOUSES
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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Repealed
(Repealed by Acts 1980, P.L.9, SEC.5.)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). 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 the individual
unable to discharge the powers and duties of the office, then the term
during which the individual resigned or was removed may not be
considered for determining the individual's 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 the governor's behalf.
A governor shall choose the date on which the governor will begin
receiving the governor's 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 the governor holds an
elective position with any federal, state, or local governmental unit,
and the governor may not receive the retirement benefit until the
governor 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
the governor's 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 the governor chooses to begin receiving the governor's
retirement benefit on or after the date the governor reaches age
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sixty-two (62) years but before the governor reaches age
sixty-five (65) years, the governor may choose to receive:
(A) the retirement benefits the governor 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 the governor's life; or
(2) if the governor chooses to begin receiving the governor's
retirement benefit on or after the date the governor reaches age
sixty-five (65) years, the governor may choose to receive:
(A) the retirement benefits the governor 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 the governor's life.
(f) With respect to a governor who is entitled to a retirement
benefit under subsection (b):
(1) if the governor chooses to begin receiving the governor's
retirement benefit on or after the date the governor reaches age
sixty-two (62) years but before the governor reaches age
sixty-five (65) years, the governor may choose to receive:
(A) the retirement benefits the governor 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 the governor's life; or
(2) if the governor chooses to begin receiving the governor's
retirement benefit on or after the date the governor reaches age
sixty-five (65) years, the governor may choose to receive:
(A) the retirement benefits the governor 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 the governor's 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; P.L.13-2013, SEC.4.
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:
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(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.
(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; P.L.177-2014, SEC.1.
IC 4-3-3-3
Application of chapter
Sec. 3. This chapter applies to any governor of Indiana regardless
of whether the governor's service occurred before, on, or after
January 14, 1981, and to the surviving spouse of any governor.
As added by Acts 1980, P.L.9, SEC.3. Amended by P.L.215-2016,
SEC.13.
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