Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning courts and court officers.
Be it enacted by the General Assembly of the State of
Indiana:
SECTION 1. IC 33-38-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The
total annual salary of each full-time judge of a circuit,
superior, municipal, county, or probate court is (1) ninety one
hundred ten thousand five hundred dollars ($90,000),
($110,500), as adjusted after June 30, 2006, under section
8.1 of this chapter, paid by the state. In addition, a judge
under this section may receive and (2) any additional salary
provided by the county under IC 36-2-5-14 or IC 36-3-6-3(c).
The state shall deposit quarterly the money received from the
counties under subsection (c) for additional salary in the state
general fund.
(b) Before November 2 of each year, the county auditor of
each county shall certify to the division of state court
administration the amounts, if any, to be provided by the
county during the ensuing calendar year for judges' salaries
under IC 36-2-5-14 or IC 36-3-6-3(c).
(c) When making each payment under subsection (a), the
county shall determine for each judge whether the total of:
(1) the payment made on behalf of that judge;
(2) previous payments made on behalf of that judge in
the same calendar year; and
(3) the state share of the judge's salary under subsection
(a);
exceeds the Social Security wage base established by the
federal 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).
SECTION 2. IC 33-38-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The
total annual salary for each justice of the supreme court is one
hundred fifteen thirty-three thousand six hundred dollars
($115,000). ($133,600), as adjusted after June 30, 2006,
under section 8.1 of this chapter.
(b) The total annual salary for each judge of the court of
appeals is one hundred ten twenty-nine thousand eight
hundred dollars ($110,000). ($129,800), as adjusted after
June 30, 2006, under section 8.1 of this chapter.
(c) The state shall pay the annual salaries prescribed in
subsections (a) through (b) from the state general fund.
(d) In addition to salary, the state shall pay to a justice or
judge, in equal monthly payments on the first day of each
month from money in the state general fund not otherwise
appropriated, the following annual subsistence allowances to
assist in defraying expenses relating to or resulting from the
discharge of the justice's or judge's official duties:
(1) Five thousand five hundred dollars ($5,500) to the
chief justice of the supreme court.
(2) Five thousand five hundred dollars ($5,500) to the
chief judge of the court of appeals.
(3) Three thousand dollars ($3,000) to each justice of the
supreme court who is not the chief justice.
(4) Three thousand dollars ($3,000) to each judge of the
court of appeals who is not the chief judge.
A justice or judge is not required to make an accounting for
an allowance received under this subsection.
(e) The state may not furnish automobiles for the use of
justices or judges compensated under this section.
SECTION 3. IC 33-38-5-8.1 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE JULY 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.
SECTION 4. [EFFECTIVE JULY 1, 2005] IC 33-38-5-6
and IC 33-38-5-8, both as amended by this act, apply only
to increase the part of an annual salary payable after
June 30, 2005.
Approved: