1. (a) Except as provided in subsection (b), a magistrate may:

   1. (1) participate in the public employees' retirement fund as provided in IC 5-10.3 ; or
   2. (2) elect to remain in the judges' retirement system under IC 33-38 if the magistrate had previously participated in the system.

2. (b) A person who:

   1. (1) is serving as a full-time magistrate on July 1, 2010, and makes an election under IC 33-38-8-10.5 ; or

   2. (2) begins serving as a full-time magistrate after July 1, 2010;

      shall, beginning January 1, 2011, participate in the judges' 1985 benefit system under IC 33-38-8 .

      [Pre-2004 Recodification Citation: 33-4-7-12.]

As added by P.L.98-2004, SEC.2. Amended by P.L.122-2008, SEC.1.