1. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 20 of this chapter.

2. (b) A participant who:

   1. (1) applies for a retirement benefit; and

   2. (2) is at least:

      1. (A) sixty-five (65) years of age; or

      2. (B) fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter;

         is entitled to an annual retirement benefit as calculated in subsection (c).

3. (c) The annual retirement benefit for a participant who meets the requirements of subsection (b) equals the product of:

   1. (1) the applicable salary determined under subsection (e); multiplied by

   2. (2) the percentage prescribed in the following table:

      Participant's Years Percentage

      of Service

      8 24%

      9 27%

      10 30%

      11 33%

      12 50%

      13 51%

      14 52%

      15 53%

      16 54%

      17 55%

      18 56%

      19 57%

      20 58%

      21 59%

      22 or more 60%

      If a participant has a partial year of service in addition to at least eight

   3. (8) full years of service, an additional percentage shall be calculated by prorating between the applicable percentages, based on the number of months in the partial year of service.

4. (d) Except as provided in section 13(2)(B) of this chapter and subsection (b)(2)(B), if a participant who applies for a retirement benefit has not attained sixty-five (65) years of age, the participant is entitled to receive a reduced annual retirement benefit that equals the benefit that would be payable if the participant were sixty-five (65) years of age reduced by one-tenth percent (0.1%) for each month that the participant's age at retirement precedes the participant's sixty-fifth birthday. This reduction does not apply to:

   1. (1) participants who are separated from service because of permanent disability;
   2. (2) survivors of participants who die while in service after August 1, 1992; or
   3. (3) survivors of participants who die while not in service but while entitled to a future benefit.

5. (e) The applicable salary is one (1) of the following:

   1. (1) The salary that was being paid to the participant at the time of the participant's separation from service for:

      1. (A) a participant who applies to receive a retirement benefit from the fund before January 1, 2010; or

      2. (B) a participant who:

         1. (i) before January 1, 2010, separates from service;
         2. (ii) is entitled to receive a retirement benefit from the fund, but does not apply before January 1, 2010, to receive a retirement benefit; and
         3. (iii) does not earn any service credit in the fund after December 31, 2009.

   2. (2) The salary being paid for the office that the participant held at the time of the participant's separation from service for a participant who:

      1. (A) applies to receive a benefit after December 31, 2009; and

      2. (B) is not a participant described in subdivision (1)(B).

         [Pre-2004 Recodification Citation: 33-13-10.1-7.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.18.