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) 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:(A) after the cessation of the participant's service;(B) on the first day of a month; and(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) The participant:(A) is at least sixty-two (62) years of age and has at least eight (8) years of service credit;(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(C) has become permanently disabled.(3) The participant t 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(C) has become permanently disabled.(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.
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