Sec. 15. 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 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.]
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