A participant whose employment in a position described in section 8 of this chapter is terminated is entitled to a retirement benefit computed under section 16 or 18 of this chapter, beginning on the date specified by the participant in a written application, if all of the following conditions are met:

1. (1) The application for retirement benefits and the choice of the retirement date is filed on a form provided by the board, and the retirement date is:

   1. (A) after the cessation of the participant's service;
   2. (B) on the first day of a month; and

   3. (C) not more than six (6) months before the date the application is received by the board.

      However, if the board determines that a participant is incompetent to file for benefits and choose a retirement date, the retirement date may be any date that is the first of the month after the time the participant became incompetent.

2. (2) The participant:

   1. (A) is at least sixty-two (62) years of age and has at least eight
   2. (8) years of service credit;
   3. (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
   4. (C) has become permanently disabled.

3. (3) The participant is not receiving and is not entitled to receive any salary for services currently performed, except for services rendered as a senior prosecuting attorney under IC 33-39-10-1 .

   [Pre-2004 Recodification Citation: 33-14-9-13.]

As added by P.L.98-2004, SEC.18. Amended by P.L.33-2006, SEC.1; P.L.160-2013, SEC.4; P.L.57-2014, SEC.8.