(a) (1) Any clerk of a municipal court to which this subchapter applies, appointed by the judge or judges of the court, shall be eligible to receive retirement benefits provided by this subchapter who:
(A) Attains age sixty (60) and has served in office as clerk for at least ten (10) years;
(B) Attains age sixty-five (65) and has served in office for at least eight (8) years;
(C) Has served in office for at least twenty (20) years, irrespective of age; or
(D) Has served twenty (20) or more consecutive years, irrespective of age, as a city employee for the city in which he or she clerks, with eight (8) or more of those years served in the office of municipal clerk.
(2) If the clerk resigns, retires from office, or is succeeded in office by another clerk, the clerk shall receive retirement pay for and during the remainder of the person's natural life in an amount equal to one-half (1/2) of the salary payable to the clerk at the time of resignation, retirement, or succession in office.
(3) The governing body of the municipality or the county may by ordinance provide that after the death of the clerk, the surviving spouse of a qualifying court clerk can continue to receive the retirement benefits under this subchapter until the surviving spouse dies or remarries.
(b)
(1) Any clerk of a municipal court who is covered by the provisions of this subchapter and who has seven (7) or more years of service in any position in the office of the county sheriff shall be entitled to have the service in the office of the county sheriff credited as municipal court clerk service.
(2) The service so converted shall be treated the same as if it were service as clerk of a municipal court in the county for purposes of determining eligibility for retirement under the provisions of this subchapter.
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