HB 1092-1_ Filed 04/25/2003, 20:34

CONFERENCE COMMITTEE REPORT

DIGEST FOR EHB 1092



Citations Affected: IC 33-4-8-5 ; IC 33-13-8-27.

Synopsis: Judges. Conference committee report for EHB 1092. Provides that a senior judge receives a per diem of $50 for each of the first 30 days of service in a calendar year and, for each day after the first 30 days, a $100 per diem. Provides that the supreme court may adjust the compensation rate if there are insufficient funds in the payroll fund. Allows a judge to purchase service credit for service as a full-time judge pro tempore. (This conference committee report provides that a senior judge receives a per diem of $50 for each of the first 30 days of service in a calendar year and, for each day after the first 30 days, a $100 per diem. Provides that the supreme court may adjust the compensation rate if there are insufficient funds in the payroll fund.) (The introduced version of this bill was prepared by the pension management oversight commission.)

Effective: July 1, 2003.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed Senate Amendments to Engrossed House Bill No. 1092 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the House recede from its dissent from all Senate amendments and that the House now concur in all Senate amendments to the bill and that the bill be further amended as follows:

    Delete everything after the enacting clause and insert:

SOURCE: IC 33-4-8-5; (03)CC109201.1. -->     SECTION 1. IC 33-4-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) A senior judge is entitled to the following compensation:
        (1) For each of the first thirty (30) days of service in a calendar year, a per diem of fifty dollars ($50). and
        (2) Except as provided in subsection (c), for each day the senior judge serves after serving the first thirty (30) days of service in a calendar year, a per diem of one hundred dollars ($100).
         (3) Reimbursement for:
            (A) mileage; and
            (B) reasonable expenses, including but not limited to meals and lodging, incurred in performing service as a senior judge;
        for each day served as a senior judge.
    (b) Subject to subsection (c), the per diem and reimbursement for mileage and reasonable expenses under subsection (a) shall be paid by the state.
    (c) The compensation under subsection (a)(2) must be paid by the state from funds appropriated to the supreme court for judicial

payroll. If the payroll fund is insufficient to pay the compensation under subsection (a)(2), the supreme court may issue an order adjusting the compensation rate.
    (d)
A senior judge appointed under this chapter may not be compensated as a senior judge for more than one hundred (100) calendar days in the aggregate during a calendar year.

SOURCE: IC 33-13-8-27; (03)CC109201.2. -->     SECTION 2. IC 33-13-8-27 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 27. (a) As used in this section, "judge pro tempore service" means service in Indiana as a full-time judge pro tempore appointed under Trial Rule 63(B) that:
        (1) is not covered by IC 33-13-9.1 or IC 33-13-10.1 ; but
        (2) is served by a person who has other service that is covered by IC 33-13-9.1 or IC 33-13-10.1.
    (b) A participant may purchase judge pro tempore service credit if:
        (1) the participant has at least one (1) year of service in the fund;
        (2) before the participant retires, the participant makes contributions to the fund:
            (A) that are equal to the product of the following:
                (i) the participant's salary at the time the participant actually makes a contribution for the service credit;
                (ii) a percentage rate, as determined by the actuary of the fund, that is based on the age of the participant at the time the participant makes a contribution for service credit and computed to result in a contribution amount that approximates the actuarial present value of the benefit attributable to the service credit purchased; and
                (iii) the number of years of judge pro tempore service the participant intends to purchase; and
            (B) for any accrued interest, at a rate determined by the actuary of the fund, for the period from the participant's initial membership in the fund to the date payment is made by the participant; and
        (3) the fund receives verification from the applicable court that the judge pro tempore service occurred.
    (c) A participant may not receive service credit under this section if the judge pro tempore service for which the participant requests credit also qualifies the participant for a benefit in another retirement system.
    (d) A participant who:
        (1) terminates service before satisfying the requirements for eligibility to receive a retirement benefit from the fund; or
        (2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act;
may withdraw the participant's contributions made under this section plus accumulated interest after submitting to the fund a properly completed application for a refund.
    (e) The following apply to the purchase of service credit under

this section:
        (1) The board may allow a participant to make periodic payments of the contributions required for the purchase of the service credit. The board shall determine the length of the period during which the payments are to be made.
        (2) The board may deny an application for the purchase of service credit if the purchase would exceed the limitations set forth in Section 415 of the Internal Revenue Code.
        (3) A participant may not claim the service credit for purposes of determining eligibility or computing benefits unless the participant has made all payments required for the purchase of the service credit.
    (f) To the extent permitted by the Internal Revenue Code and applicable regulations, the fund may accept, on behalf of a participant who is purchasing service credit under this section, a rollover of a distribution from any of the following:
        (1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.
        (2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
        (3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.
        (4) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.
    (g) To the extent permitted by the Internal Revenue Code and the applicable regulations, the fund may accept, on behalf of a participant who is purchasing service credit under this section, a trustee to trustee transfer from any of the following:
        (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
        (2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.

SOURCE: ; (03)CC109201.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2003] (a) IC 33-4-8-5 , as amended by this act, applies only to a senior judge who is appointed after June 30, 2003.
    (b) This SECTION expires July 1, 2008.

    (Reference is to EHB 1092 as reprinted April 1, 2003.)




Conference Committee Report

on

Engrossed House Bill 1092



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igned by:


    ____________________________    ____________________________
    Representative Kersey Senator Bray
    Chairperson

    ____________________________    ____________________________
    Representative LaPlante Senator Skinner

    House Conferees    Senate Conferees


CC109201/DI 105
2003