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

   1. (1) the person:

      1. (A) has not served as a:

         1. (i) judge;
         2. (ii) justice;
         3. (iii) magistrate; or
         4. (iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed for a magistrate; or

      2. (B) is still serving as a:

         1. (i) judge;
         2. (ii) justice;
         3. (iii) magistrate; or

         4. (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. (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. (3) the combination of:

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

      2. (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 .

2. (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.