reglab/housing_qa huggingface dataset:
IN Code § 36-8-8-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-17. Benefits Exempt From Judicial Process; Reimbursement of Employers; Withholding Payments; Transfer Prohibited; Rollover to Eligible Retirement Plan

Sec. 17. (a) The benefits of this chapter are exempt from attachment and garnishment and may not be seized, taken, or levied upon by any execution or process. However, a fund member's contributions or benefits, or both, may be transferred to reimburse the fund member's employer for loss resulting from the fund member's criminal taking of the employer's property by the system board if the system board receives adequate proof of the loss. The loss resulting from the fund member's criminal taking of the employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.(b) The system board may withhold payment of a fund member's contributions and interest if the employer of the fund member notifies the board that felony or misdemeanor charges accusing the participant of the criminal taking of the employer's property have been filed.(c) The system board may withhold payment of a fund member's contributions and interest under subsection (b) until the final resolution of the criminal charges.(d) Subsections (b) and (c) do not apply to the:(1) retirement benefit of a retired fund member; or(2) disability benefit of a fund member who becomes disabled.(e) Except as provided in subsection (f) and section 17.2 of this chapter, a person receiving a benefit under this chapter may not transfer, assign, or sell the benefit.(f) Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the 1977 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.[Pre-Local Government Recodification Citations: 19-1-17.8-15; 19-1-36.5-15.]As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.10-1993, SEC.19; P.L.183-2003, SEC.2; P.L.203-2019, SEC.10.
IN Code § 36-8-8-17.2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-17.2. Voluntary Benefit Deductions

Sec. 17.2. (a) Notwithstanding any other provision of this chapter, a person receiving a disability, retirement, or survivor monthly benefit under this chapter may, after June 30, 2004, authorize the system board to make a deduction from the benefit.(b) An authorization for a deduction from a disability, retirement, or survivor monthly benefit paid under this chapter is valid only if all the following requirements are met:(1) The authorization is:(A) in writing;(B) signed personally by the person receiving the benefit;(C) revocable at any time by the person receiving the benefit upon written notice to the system board; and(D) agreed to in writing by the system board.(2) An executed copy of the authorization is delivered to the system board within ten (10) days after its execution.(3) The deduction is made for a purpose described in subsection (c).(c) A deduction under this section may be made for the purpose of paying any of the following:(1) A premium on a policy of insurance for medical, surgical, hospitalization, dental, vision, long term care, or Medicare supplement coverage offered to retired fund members by the fund member's former employer, the state, or the system board.(2) Dues payable by the person receiving the benefit to a labor organization of which the person is a member.As added by P.L.183-2003, SEC.3. Amended by P.L.35-2012, SEC.135; P.L.179-2018, SEC.13.
IN Code § 36-8-8-18.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-18.1. Members Electing to Transfer or Being Transferred to 1997 Fund From Perf

Sec. 18.1. (a) As used in this section, "police officer" includes a former full-time, fully paid town marshal or full-time, fully paid deputy town marshal who is employed as a police officer by a metropolitan board of police commissioners.(b) If a unit becomes a participant in the 1977 fund and the unit previously covered police officers, firefighters, or emergency medical technicians in PERF, or if the employees of the unit become members of the 1977 fund under section 7(g) of this chapter, the following provisions apply:(1) A minimum benefit applies to members electing to transfer or being transferred to the 1977 fund from PERF. The minimum benefit, payable at age fifty-two (52), for such a member equals the actuarial equivalent of the vested retirement benefit payable to the member upon normal retirement under IC 5-10.2-4-1 as of the day before the transfer, based solely on:(A) creditable service;(B) the average of the annual compensation; and(C) the amount credited to the annuity savings account;of the transferring member as of the day before the transfer under IC 5-10.2 and IC 5-10.3.(2) The system board shall transfer from PERF to the 1977 fund the amount credited to the annuity savings accounts that is necessary for the purchase of service credit and the present value of benefits attributable to the transferring members.(3) The amount the unit and the member must contribute to the 1977 fund under section 18 of this chapter, if any service credit is to be given under that section, will be reduced by the amounts transferred to the 1977 fund by the system board under subdivision (2).(4) Credit for prior service in PERF of a member as a police officer, a firefighter, or an emergency medical technician is waived in PERF. Any credit for that service under the 1977 fund shall only be given in accordance with section 18 of this chapter.(5) Credit for prior service in PERF of a member, other than as a police officer, a firefighter, or an emergency medical technician, remains in PERF and may not be credited under the 1977 fund.As added by P.L.4-1990, SEC.20. Amended by P.L.1-1991, SEC.215; P.L.101-1998, SEC.3; P.L.13-2011, SEC.21; P.L.35-2012, SEC.137; P.L.27-2019, SEC.31.
IN Code § 36-8-8-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-20. Special Lump Sum Death Benefit in Addition to Other Benefits

Sec. 20. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 14.1 of this chapter.(b) Benefits paid under this section are subject to section 2.5 of this chapter.(c) A special death benefit of one hundred fifty thousand dollars ($150,000) for a fund member who dies in the line of duty before July 1, 2020, and two hundred twenty-five thousand dollars ($225,000) for a fund member who dies in the line of duty after June 30, 2020, shall be paid in a lump sum by the Indiana public retirement system from the special death benefit fund established under IC 5-10-9.8 to the following relative of a fund member who dies in the line of duty:(1) To the surviving spouse.(2) If there is no surviving spouse, to the surviving children (to be shared equally).(3) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.(d) The benefit provided by this section is in addition to any other benefits provided under this chapter.As added by P.L.223-1986, SEC.4. Amended by P.L.55-1989, SEC.66; P.L.225-1991, SEC.4; P.L.53-1993, SEC.5; P.L.49-1998, SEC.10; P.L.35-2012, SEC.138; P.L.40-2017, SEC.22; P.L.99-2020, SEC.12.
IN Code § 36-8-8-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-21. 1977 Fund Members; Age Limitation; Aptitude, Physical Agility, and Physical and Mental Standards; Credit for Prior Service

Sec. 21. (a) This section applies to:(1) police officers and firefighters who are employed by units that become participants in the 1977 fund under section 3(c) of this chapter; or(2) firefighters who become members of the 1977 fund under section 7(g) of this chapter.(b) A police officer or firefighter may become a member of the 1977 fund without meeting the age limitation under section 7(a) of this chapter if the police officer or firefighter satisfies:(1) any aptitude, physical agility, or physical and mental standards established by a local board under IC 36-8-3.2; and(2) the minimum standards that are:(A) adopted by the system board under section 19 of this chapter; and(B) in effect on the date the police officer or firefighter becomes a member of the 1977 fund.(c) Credit for prior service of a police officer or firefighter who becomes a member of the 1977 fund under this section shall be determined under section 18 or 18.1 of this chapter. No service credit beyond that allowed under section 18 or 18.1 of this chapter may be recognized under the 1977 fund.As added by P.L.313-1989, SEC.3. Amended by P.L.4-1990, SEC.21; P.L.4-1992, SEC.53; P.L.35-2012, SEC.139; P.L.130-2015, SEC.4.
IN Code § 36-8-8-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-22. Selection of Administrative Law Judge

Sec. 22. Nothing in this chapter limits the discretion of the system board to select an administrative law judge under IC 4-21.5-3-9.As added by P.L.311-1989, SEC.16. Amended by P.L.35-2012, SEC.140.
IN Code § 36-8-8-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-23. Disability Retiree Supplemental Benefit

Sec. 23. (a) This section applies to a fund member who:(1) after June 30, 2009, receives a benefit based on a determination that the member has a Class 1 or Class 2 impairment, regardless of whether the determination was made before, on, or after June 30, 2009; and(2) before July 1, 2009, has not had the member's disability benefit recalculated under section 13.5 of this chapter.(b) Upon becoming fifty-two (52) years of age, a fund member receiving a Class 1 impairment benefit or Class 2 impairment benefit under section 13.5(h)(2) of this chapter is entitled to receive a monthly supplemental benefit determined in STEP THREE of the following formula:STEP ONE: Determine the greater of:(A) the monthly retirement benefit payable to a fund member with twenty (20) years of service; or(B) the monthly retirement benefit payable to a fund member with the total years of service (including both active service and the period, not to exceed twenty (20) years, during which the member received disability benefits) and salary, as of the year the fund member becomes fifty-two (52) years of age, that the fund member would have earned if the fund member had remained in active service until becoming fifty-two (52) years of age.STEP TWO: Subtract from the amount determined under STEP ONE the amount of any monthly benefit determined under section 13.5 of this chapter that the fund member is entitled to receive for the remainder of the fund member's life.STEP THREE: Determine the greater of the following:(A) The remainder determined under STEP TWO.(B) Zero (0).(c) A monthly supplemental benefit determined under this section is payable for the remainder of the fund member's life.As added by P.L.32-2009, SEC.3; P.L.34-2009, SEC.3.
IN Code § 36-8-8-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-24. Beneficiary Designation

Sec. 24. (a) A fund member may designate one (1) or more beneficiaries to receive in a lump sum the fund member's contributions plus interest at a rate determined by the system board if the fund member dies:(1) without receiving a retirement benefit under sections 10 and 11 of this chapter;(2) without receiving a disability benefit under section 13.3 or 13.5 of this chapter;(3) without a survivor entitled to receive a benefit under section 13.8, 13.9, or 14.1 of this chapter; and(4) without the system board returning the fund member's contributions under section 8 of this chapter.(b) A fund member who chooses to designate one (1) or more beneficiaries under this section shall file the fund member's designation with the system board on a form prescribed by the system board.(c) The system board shall adopt rules to allow a fund member who designates more than one (1) beneficiary to allocate the contributions and interest paid in percentage increments.(d) Whenever a fund member does not designate a beneficiary under this section and has no survivors entitled to receive a benefit under section 13.8, 13.9, or 14.1 of this chapter, the system board shall refund to the fund member's estate:(1) the fund member's contributions; plus(2) interest at a rate determined by the system board.As added by P.L.23-2010, SEC.4; P.L.62-2010, SEC.4. Amended by P.L.35-2012, SEC.141.
IN Code § 36-8-8.3-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-1. Application of Chapter

Sec. 1. This chapter applies to a 1977 fund member who receives a final determination of an impairment for a mental health illness under IC 36-8-8-13.1 after December 31, 2012.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-2. "Review Panel"

Sec. 2. As used in this chapter, "review panel" refers to a mental health disability review panel established under section 4 of this chapter.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-3. "System Board"

Sec. 3. As used in this chapter, "system board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-4. Review Panels Established; Selection; Compensation

Sec. 4. (a) This chapter provides for the establishment of mental health disability review panels to review impairment determinations in the case of a mental health disability.(b) A mental health disability review panel consists of:(1) one (1) psychologist licensed under IC 25-33-1-5.1;(2) one (1) psychiatrist licensed as a physician under IC 25-22.5; and(3) one (1) active or retired police officer or firefighter who is a member of the 1977 fund, depending on the profession of the fund member being evaluated.(c) A mental health disability review panel shall be selected by the system board.(d) Compensation shall be determined by the system board.(e) A mental health disability review panel established under this chapter is not a governing body under IC 5-14-1.5-2(b).As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-5. Initial Determination of Impairment for Mental Illness; Two Year Provisional Period

Sec. 5. (a) The final determination of an impairment for a mental illness is provisional for two (2) years:(1) for a final determination made after June 30, 2020, from the date of the final determination by the system board under IC 36-8-8-13.1; or(2) for a final determination made after December 31, 2012, and before July 1, 2020, beginning July 1, 2020.(b) During the initial two (2) year provisional period, the fund member shall be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician.(c) The employer shall pay for the fund member's mental health care and treatment relating to the disability during the initial two (2) year provisional period.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-6. Confidential Evaluation by Review Panel

Sec. 6. (a) At the conclusion of the initial two (2) year provisional period described in section 5 of this chapter, a mental health disability review panel, as described in section 4 of this chapter, shall conduct a confidential evaluation of the fund member.(b) The review panel:(1) shall examine reports and records submitted by the fund member's treating physician, and any other mental health care provider seen by the fund member; and(2) may consult with other medical authorities;in conducting its confidential evaluation.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-7. Determination by Review Panel

Sec. 7. (a) If the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall begin an additional two (2) year provisional period from the date of the review panel's determination. The fund member shall continue to be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician.(c) The employer shall continue to pay for the fund member's mental health care and treatment relating to the disability during the second two (2) year provisional period.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-8. Reevaluation by Review Panel

Sec. 8. At the conclusion of the fund member's second two (2) year provisional period, the review panel shall reevaluate the fund member. The review panel shall conduct its confidential reevaluation in the manner described in section 6(b) of this chapter.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-9. Determination by Review Panel After Second Evaluation

Sec. 9. (a) If, after the second evaluation, the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall be determined to have a permanent impairment.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.3-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.3. Impairment Determination for Mental Illness|36-8-8.3-10. Suspension of Disability Benefits for Failure to Comply With Review Panel

Sec. 10. The system board may, during the provisional periods described in sections 5 and 7 of this chapter, suspend a member's disability benefit if the member fails to comply with reasonable requests by the review panel for information pursuant to its authority under this chapter.As added by P.L.54-2020, SEC.3.
IN Code § 36-8-8.5-0.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 15 of this chapter during the 2020 regular session of the general assembly apply only to a member who:(1) enters the DROP, before, on, or after June 30, 2020; and(2) dies after June 30, 2020.As added by P.L.145-2020, SEC.3.
IN Code § 36-8-8.5-1.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-1.5. Drop Expiration Date

Sec. 1.5. This chapter expires for members of the 1925 fund, the 1937 fund, or the 1953 fund on the date the authority of the board of trustees of the Indiana public retirement system to distribute from the pension relief fund established under IC 5-10.3-11-1 to units of local government (described in IC 5-10.3-11-3) amounts determined under IC 5-10.3-11-4.7 expires.As added by P.L.51-2006, SEC.1. Amended by P.L.35-2012, SEC.142.
IN Code § 36-8-8.5-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-2. Applicability

Sec. 2. Except as provided in section 1.5 of this chapter, this chapter applies to a person who is a member of any of the following funds:(1) 1925 Police Pension Fund (IC 36-8-6) (referred to in this chapter as the 1925 fund).(2) 1937 Firefighters' Pension Fund (IC 36-8-7) (referred to in this chapter as the 1937 fund).(3) 1953 Police Pension Fund (Indianapolis) (IC 36-8-7.5) (referred to in this chapter as the 1953 fund).(4) 1977 Police Officers' and Firefighters' Pension and Disability Fund (IC 36-8-8) (referred to in this chapter as the 1977 fund).As added by P.L.62-2002, SEC.5. Amended by P.L.51-2006, SEC.2.
IN Code § 36-8-8.5-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-3. "Applicable Fund"

Sec. 3. As used in this chapter, "applicable fund" means the following:(1) For members of the 1925 fund, the 1925 fund.(2) For members of the 1937 fund, the 1937 fund.(3) For members of the 1953 fund, the 1953 fund.(4) For members of the 1977 fund, the 1977 fund.As added by P.L.62-2002, SEC.5.
IN Code § 36-8-8.5-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-4. "Drop"

Sec. 4. As used in this chapter, "DROP" means the deferred retirement option plan established by this chapter.As added by P.L.62-2002, SEC.5.
IN Code § 36-8-8.5-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-5. "Drop Election"

Sec. 5. As used in this chapter, "DROP election" means a member's election to enter the DROP.As added by P.L.62-2002, SEC.5.
IN Code § 36-8-8.5-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-6. "Drop Entry Date"

Sec. 6. As used in this chapter, "DROP entry date" means the date that a member's DROP election becomes effective.As added by P.L.62-2002, SEC.5.
IN Code § 36-8-8.5-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-7. "Drop Frozen Benefit"

Sec. 7. As used in this chapter, "DROP frozen benefit" means a member's monthly retirement benefit calculated under the provisions of the applicable fund and based on:(1) the salary of a first class officer or firefighter that is in effect on the member's DROP entry date; and(2) the member's years of service accrued on the member's DROP entry date.As added by P.L.62-2002, SEC.5.
IN Code § 36-8-8.5-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8.5. Deferred Retirement Option Plan (Drop)|36-8-8.5-8. "Drop Retirement Date"

Sec. 8. As used in this chapter, "DROP retirement date" means the future retirement date selected by a member at the time the member makes a DROP election.As added by P.L.62-2002, SEC.5.