(a) The surviving spouse of each individual who:

1. (1) serves as governor; and

2. (2) is entitled to a retirement benefit under section 1.1 of this chapter;

   is entitled to an annual pension.

(b) The pension to which a governor's surviving spouse is entitled under this section shall be paid in equal monthly installments from the public employees' retirement fund established after a claim has been made for the pension to the Indiana public retirement system by:

1. (1) the surviving spouse; or
2. (2) a person acting on behalf of the surviving spouse.

(c) The annual pension to which a governor's surviving spouse is entitled under this section is equal to the following:

1. (1) For the surviving spouse of a governor who died before July 1, 1998, the greater of:

   1. (A) the annual retirement benefit received by the surviving spouse during the year beginning July 1, 1998; or
   2. (B) ten thousand dollars ($10,000).

2. (2) For the surviving spouse of a governor who dies after June 30, 1998, the greater of:

   1. (A) fifty percent (50%) of the annual retirement benefit that the governor to whom the surviving spouse was married was entitled to receive; or

   2. (B) ten thousand dollars ($10,000).

      If a governor chooses to receive a retirement benefit under IC 5-10.2-4 and IC 5-10.3-8 , the surviving spouse receives the survivor option, if any, selected by the governor under IC 5-10.2-4-7 .

(e) Notwithstanding any other law to the contrary, the pension provided under this section is in addition to any other retirement benefits a governor's surviving spouse is entitled to receive.

As added by Acts 1980, P.L.9, SEC.2. Amended by P.L.195-1999, SEC.6; P.L.97-2004, SEC.13; P.L.177-2014, SEC.1; P.L.92-2021, SEC.2.