Sec. 13. (a) Except as provided in subsection (b), a magistrate may:
(1) participate in the public employees' retirement fund as provided in IC 5-10.3; or
(2) elect to remain in the judges' retirement system under IC 33-38 if the magistrate had previously participated in the system.
(b) A person who:
(1) is serving as a full-time magistrate on July 1, 2010, and makes an election under IC 33-38-8-10.5; or
(2) begins serving as a full-time magistrate after July 1, 2010;
shall, beginning January 1, 2011, participate in the judges' 1985 benefit system under IC 33-38-8.