Citations Affected: IC 33-38-5.
Synopsis: Judicial salaries. Conference committee report for ESB 363. Increases the annual
salaries of: (1) full-time trial court judges from $90,000 to $110,500; (2) appellate court judges
from $110,000 to $129,800; and (3) supreme court justices from $115,000 to $133,600.
Establishes a procedure for the salaries to be increased in each state fiscal year in which the
general assembly does not amend the laws under which the salaries are determined to provide
salary increases for the state fiscal year. (This conference committee report removes the
following provisions added in the House of Representatives: (1) Establishment of a judicial
salaries fee. (2) Changing the name of the judicial administration fee to the public defense
administration fee. (3) Changing the name of the judicial insurance adjustment fee to the
judicial administration fee. (4) Repeal of the judicial branch insurance adjustment
Effective: July 1, 2005.
Your Conference Committee appointed to confer with a like committee from the House upon Engrossed House Amendments to Engrossed Senate Bill No. 363 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
government for that year. If the total does not exceed the Social
Security wage base, the payment on behalf of that judge must also be
accompanied by an amount equal to the employer's share of Social
Security taxes and Medicare taxes. If the total exceeds the Social
Security wage base, the part of the payment on behalf of the judge that
is below the Social Security wage base must be accompanied by an
amount equal to the employer's share of Social Security taxes and
Medicare taxes, and the part of the payment on behalf of the judge that
exceeds the Social Security wage base must be accompanied by an
amount equal to the employer's share of Medicare taxes. Payments
made under this subsection shall be deposited in the state general fund
under subsection (a).
(d) For purposes of determining the amount of life insurance premiums to be paid by a judge who participates in a life insurance program that:
(1) is established by the state;
(2) applies to a judge who is covered by this section; and
(3) bases the amount of premiums to be paid by the judge on the amount of the judge's salary;
the judge's salary does not include any amounts paid to the state by a county under subsection (a).
1, 2005]: Sec. 8.1. (a) Beginning July 1, 2006, the part of the total
salary of an official:
(1) paid by the state; and
(2) set under section 6 or 8 of this chapter;
is increased in each state fiscal year in which the general assembly does not amend the section of law under which the salary is determined to provide a salary increase for the state fiscal year.
(b) The percentage by which salaries are increased in a state fiscal year under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, for the state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on July 1 of the immediately preceding state fiscal year.
(c) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular state fiscal year to the salary payable by the state, as previously adjusted under this section, that is in effect on June 30 of the immediately preceding state fiscal year.
(d) An official is not entitled to receive a salary increase under this section in a state fiscal year in which state employees described in subsection (b) do not receive a statewide average salary increase.
(e) If a salary increase is required under this section, the budget director shall augment judicial appropriations, including the line items for personal services for the supreme court, local judges' salaries, and county prosecutors' salaries, in the state biennial budget in an amount sufficient to pay for the salary increase from the sources of funds determined by the budget director.
Senator ClarkRepresentative Foley
Senator BrodenRepresentative Kuzman
Senate Conferees House Conferees