Indiana § 4-3-3-2 - Pension of surviving spouse; election; limitations; payment

§ 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 from the public employees' retirement fund established after a claim has been made for the pension to the Indiana public retirement system 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 entitled to receive; or

(B) ten thousand dollars ($10,000).

If a governor chooses to receive a retirement benefit under IC 5-10.2-4 and IC 5-10.3-8, the surviving spouse receives the survivor option, if any, selected by the governor under IC 5-10.2-4-7.

(d) A governor's surviving spouse is entitled to receive the pension provided under this section for life.

(e) 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; P.L.92-2021, SEC.2.