Indiana Code 33-38-6-13. Qualification of fund under Internal Revenue Code
(1) The board shall distribute the corpus and income of the fund to participants and their beneficiaries in accordance with this chapter, IC 33-38-7, and IC 33-38-8.
Terms Used In Indiana Code 33-38-6-13
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 33-38-6-2
- fund: refers to the Indiana judges' retirement fund established by section 12 of this chapter. See Indiana Code 33-38-6-5
- participant: means a judge who participates in the fund. See Indiana Code 33-38-6-9
- salary: means the total salary paid to a participant by the state and by a county or counties, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 33-38-6-10
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(3) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits a participant would otherwise receive under the fund.
(4) If the fund is terminated or if all contributions to the fund are completely discontinued, the rights of each affected participant to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.
(5) All benefits paid from the fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the fund is subject to the following provisions:
(A) The life expectancy of a participant, the participant’s spouse, or the participant’s beneficiary shall not be recalculated after the initial determination, for purposes of determining benefits.
(B) If a participant dies before the distribution of the participant’s benefits has begun, distributions to beneficiaries must begin not later than December 31 of the calendar year immediately following the calendar year in which the participant died.
(6) The board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of participants or beneficiaries;
in a manner that discriminates in favor of participants who are considered officers, supervisors, or highly compensated, as prohibited under Section 401(a)(4) of the Internal Revenue Code.
(7) The salary taken into account under this chapter, IC 33-38-7, or IC 33-38-8 may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.
[Pre-2004 Recodification Citation: 33-13-8-3.5.]
As added by P.L.98-2004, SEC.17.