Restrictions on certification; retirement benefits

Sec. 3. (a) Except as provided in subsection (b), a person may not be certified under this section if: (1) the person: (A) has not served as a: (i) judge; (ii) justice; (iii) magistrate; or (iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed for a magistrate; or (B) is still serving as a: (i) judge; (ii) justice; (iii) magistrate; or (iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed for a magistrate; of a court of record in Indiana; (2) the person is not available for the minimum period of commitment for service as a senior judge specified by the supreme court under IC 33-24-3-7; or (3) the combination of: (A) the compensation for senior judges set under IC 33-23-3-5; and (B) any retirement benefits that the person is receiving or is entitled to receive; exceeds the minimum compensation to which judges of the circuit court are entitled under IC 33-38-5. (b) A person who elects to forgo retirement benefits during the period of commitment as a senior judge may be certified as a senior judge under section 2 of this chapter upon verification by the judicial nominating commission of the availability to the person of the election. [Pre-2004 Recodification Citation: 33-2.1-4-17.] As added by P.L.98-2004, SEC.6. Amended by P.L.3-2010, SEC.1; P.L.71-2010, SEC.1.