State agencies representing prosecutors and defense attorneys said the changes would attract more employees to stay. Photo by Getty Images.

By Leslie Bonilla Muñiz
Indiana Capital Chronicle

INDIANA — Hoosier prosecutors and public defenders urged lawmakers to improve pensions to boost recruitment and retention amid the state’s crisis. shortage of lawyers.

The interim committee also hinted that a recently approved long-term plan for pension bonuses — in which some retirees receive 13 checks and others get cost-of-living adjustments — is not set in stone.

Chris Daniels of the Indiana Prosecutors’ Council said prosecutors’ offices across the state are “so overwhelmed” that they “can’t handle” the caseload.

Daniels said prosecutors struggle to retain their deputies because of low salaries, unlimited caseloads and “emotionally heavy and stressful” topics.

Experienced prosecutors, he said, often leave public service to work in higher-paying jobs in the private sector or to become judges. Elected prosecutors, deputy chiefs and others receive their pension at eight years and get another benefit increase at 12 years; Daniels said there is little incentive to stay longer.

He asked lawmakers to offer members of the Prosecutors’ Retirement Fund a COLA comparable to what judges receive.

“Everywhere in the code, the benefits given to judges are identical to the benefits given to the prosecutor,” Daniels said. “However, where we see a significant difference is in the pension plan.”

Judges earn nearly $76,000 in pension benefits per year, on average, according to their presentation. Prosecutors earn only $28,000 a year, on average, with the COLA being the “key” factor that makes the difference.

Daniels, who is the council’s chief traffic safety resource prosecutor, also pushed for several proposed changes in 2022, which were unsuccessful. legislation.

That’s where Court Appointed Attorneys Commission spokesman Andrew Cullen focused his efforts.

He asked lawmakers to allow top public defenders and leaders of state public defender agencies to join PARF. That would include only chiefs and deputy chiefs who do not have private practices and who are paid according to the commission’s standards.

That would add about 50 people to the fund, according to the most recent tax report. analysis produced for 2022 House Bill 1605. The measure, which was retroactive, would have cost about $5 million.

“We have not had a situation where people are released from jail because there is no public defender. We haven’t had a situation where there isn’t a public defender to appoint on a regular basis,” Cullen said. “But we’re starting to see that become more and more of a reality with the serious lawyer crisis.”

“What we continue to believe is really important for our side of the equation is simply allowing full-time senior public defenders to participate in the PARF retirement plan,” he added.

Cullen noted that this interim panel – the Pension Management Oversight Committee Committee – backed the change in 2022. The bill passed its original chamber by a vote of 94-1 and moved on to the Senate pension committee, according to a list of actions. But the finance-focused Senate Appropriations Committee never heard the bill, dooming it to failure.

Possible changes to the long-term plan

The interim committee also reviewed seven bills, including two from Rep. Jeff Thompson, R-Lizton, that would reform a recently passed plan to increase benefits.

the last session Registered House Law 1004 established a hybrid mechanism offer the 13th annual check to public employees who retire before July 1, 2025. Retirees after that date would get 1% COLA.

Thompson described a troubling “cliff” in which Hoosiers earning the same salary retire a month apart and accrue drastically different post-retirement increases 20 years later. This is because 13th checks are one-time payments, while COLAs accumulate over time. He estimated a difference of “several thousand dollars.”

“So I asked, ‘Is there any way to avoid that cliff?’ And at least I think there is,” he said.

a draft would replace check number 13 with a fixed amount: $4 per year of service. It would be capped at $120, or 30 years of service, annually.

He another draft offers two formulas: $3 per year of service, or 0.75% of the retiree’s annual retirement allowance, including post-retirement increases. A retiree would get the higher of the two options.

“Most models would do this: Employees with the lowest pension benefits would get a larger percentage increase, but probably fewer dollars. And those with a high benefit would get a larger dollar increase, but a smaller percentage,” Thompson said. “…You avoid that cliff when you do that.”

Thompson said that despite using numerous models for his idea, he did not plan to present his drafts at the next budget writing session. He publicly encouraged others to take an idea and “put it into practice.”

“I already have enough work right now and I don’t need to be doing everything,” Thompson told the Capital Chronicle in explanation. As House Ways and Means Chairman, he is his chamber’s chief budget architect.

Retiree and public employee groups were concerned.

Retired Indiana Public Employees Association leader Jessica Love pressed lawmakers to execute the hybrid plan, noting it needs an implementation date and budget authorization, though the money needed is held in supplemental reserve accounts.

Gail Zeheralis, director of government relations for the Indiana State Teachers Association, said lawmakers “have to be very careful,” but encouraged them to “try to find a balance” between checks and COLAs.

He suggested a “catch-up” provision, which resets retirees’ base amounts, as another way to avoid the discrepancy Thompson had described.

Other projects would modify the oversight of public employers running delinquent pension plans and make changes to the 1977 Police Officers and Firefighters Retirement Fund.