If any provision of this article, IC 5-10.3 , or IC 5-10.4 allows the state as an employer to make an election or take discretionary action, the election or discretionary action shall be taken by the following entities, as applicable:

1. (1) The governor, if the election or discretionary action involves an elected officer, appointed officer, or employee of the executive branch.
2. (2) The legislative council, if the election or discretionary action involves a senator, a representative, or an employee of the legislative branch.

3. (3) The chief justice of the supreme court, if the election or discretionary action involves:

   1. (A) a justice;
   2. (B) a judge;
   3. (C) a prosecuting attorney;
   4. (D) an officer paid by the state under IC 33-23-5-10 , IC 33-38-5-7 , or IC 33-39-6-2 ; or
   5. (E) an employee of the judicial branch of state government.

As added by P.L.241-2015, SEC.8.