A participant whose employment as a judge or, after December 31, 2010, as a judge or full-time magistrate, is terminated is entitled to a retirement benefit computed under section 14 of this chapter, beginning on the date specified by the participant in a written application, if the following conditions are met:

1. (1) The date on which the benefit begins is not:

   1. (A) before the date of final termination of employment of the participant; or
   2. (B) the date thirty (30) days before the receipt of the application by the board.

2. (2) The participant:

   1. (A) is at least sixty-two (62) years of age and has at least eight (8) years of service credit;
   2. (B) is at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85); or
   3. (C) has become permanently disabled.

3. (3) The participant is not receiving a salary from the state for services currently performed as:

   1. (A) a judge (as defined in IC 33-38-6-7 ); or

   2. (B) a magistrate under IC 33-23-5 .

      [Pre-2004 Recodification Citation: 33-13-10.1-6.]

As added by P.L.98-2004, SEC.17. Amended by P.L.28-2005, SEC.2; P.L.122-2008, SEC.17.