Indiana § 33-27-4-3 - Restrictions on certification; retirement benefits

§ 33-27-4-3. Restrictions on certification; retirement benefits

Sec. 3. (a) Except as provided in subsection (b), a person may not be certified under this section if:

(1) the person:

(A) has not served as a:

(i) judge;

(ii) justice;

(iii) magistrate; or

(iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed for a magistrate; or

(B) is still serving as a:

(i) judge;

(ii) justice;

(iii) magistrate; or

(iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed for a magistrate;

of a court of record in Indiana;

(2) the person is not available for the minimum period of commitment for service as a senior judge specified by the supreme court under IC 33-24-3-7; or

(3) the combination of:

(A) the compensation for senior judges set under IC 33-23-3-5; and

(B) any retirement benefits that the person is receiving or is entitled to receive;

exceeds the minimum compensation to which judges of the circuit court are entitled under IC 33-38-5.

(b) A person who elects to forgo retirement benefits during the period of commitment as a senior judge may be certified as a senior judge under section 2 of this chapter upon verification by the judicial nominating commission of the availability to the person of the election.

[Pre-2004 Recodification Citation: 33-2.1-4-17.]

As added by P.L.98-2004, SEC.6. Amended by P.L.3-2010, SEC.1; P.L.71-2010, SEC.1.

IC 33-28ARTICLE 28. CIRCUIT COURTS

Ch. 1.Jurisdiction, Duties, and Powers Ch. 2.Election of Judges Ch. 3.Small Claims and Misdemeanor Division Ch. 4.Repealed Ch. 5.Circuit and Superior Court Jury Selection and Service Ch. 6.Repealed

IC 33-28-1Chapter 1. Jurisdiction, Duties, and Powers

33-28-1-1Place of holding court; name of court 33-28-1-2Jurisdiction 33-28-1-3Recognizances 33-28-1-4Form of process 33-28-1-5Process; judgments; sentences; orders and injunctions; commissions for examination of witnesses; oaths; contempt 33-28-1-6Subject matter in two or more counties 33-28-1-7Seal of court 33-28-1-8Clerk's private seal 33-28-1-9Failure of judge to attend court 33-28-1-10Sheriff or coroner absent or incapacitated; appointment of elisor 33-28-1-11Oath, bond, and authority of elisor