Indiana Code Title 4. State Offices and Administration § 4-3-3-3

Sec. 3. (a) This chapter applies to any governor of Indiana regardless of whether the governor's service occurred before, on, or after January 14, 1981, and to the surviving spouse of any governor.

(b) The former governor and surviving spouse pension provided by this chapter is part of the public employees' retirement fund under IC 5-10.2 and IC 5-10.3.  The biennial appropriation for the state's funding obligation to the public employees' retirement fund must include funding for these benefits.

(c) To the extent that this chapter conflicts with IC 5-10.2 or IC 5-10.3, this chapter governs.  However, if a benefit payable from the public employees' retirement fund under this chapter would jeopardize the qualified status of the public employees' retirement fund under Internal Revenue Code Section 401(a), the benefit payable from the public employees' retirement fund under this chapter must be reduced to the extent required to preserve the qualified status of the public employees' retirement fund under Internal Revenue Code Section 401(a).