reglab/housing_qa huggingface dataset:
IN Code § 36-8-6-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 6. 1925 Police Pension Fund|36-8-6-21. Rollover to Eligible Retirement Plan

Sec. 21. 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 1925 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.As added by P.L.10-1993, SEC.15.
IN Code § 36-8-7-0.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The addition of section 26 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.(2) The addition of section 12.1 of this chapter by P.L.171-1990 applies to all benefits paid after March 15, 1990.(3) The amendments made to section 13 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1937 firefighters' pension fund who dies after June 30, 2008.As added by P.L.220-2011, SEC.669.
IN Code § 36-8-7-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-1. Application of Chapter

Sec. 1. (a) This chapter applies to pension benefits for members of fire departments hired before May 1, 1977, in units for which a 1937 fund was established before May 1, 1977.(b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the firefighter:(1) was hired before May 1, 1977;(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981); and(3) is rehired after April 30, 1977, by the same employer.(c) A firefighter is covered by this chapter and not by IC 36-8-8 if the firefighter:(1) was hired before May 1, 1977;(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981);(3) was rehired after April 30, 1977, but before February 1, 1979; and(4) was made, before February 1, 1979, a member of a 1937 fund.(d) A firefighter who:(1) is covered by this chapter before a consolidation under IC 36-3-1-6.1; and(2) becomes a member of a fire department of a consolidated city under IC 36-3-1-6.1;is covered by this chapter after the effective date of the consolidation, and the firefighter's service as a member of a fire department of a consolidated city is considered active service under this chapter.[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-1 part; 19-1-47-1 part; subsections (b), (c) formerly 19-1-36.5-5 part.]As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.3-1990, SEC.130; P.L.170-2002, SEC.162; P.L.227-2005, SEC.39.
IN Code § 36-8-7-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-2. "Fire Company" Defined

Sec. 2. As used in this chapter, "fire company" means each organization or group doing duty as part of the fire department, including engine companies, hose companies, those in the telephone or telegraph service, inspectors, mechanics, watchmen, and others in charge of apparatus for extinguishing fires.[Pre-Local Government Recodification Citation: 19-1-37-3.]As added by Acts 1981, P.L.309, SEC.57.
IN Code § 36-8-7-2.7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-2.7. "Americans With Disabilities Act"

Sec. 2.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.As added by P.L.4-1992, SEC.36.
IN Code § 36-8-7-2.9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-2.9. Administration of Fund

Sec. 2.9. The 1937 fund shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act.As added by P.L.4-1992, SEC.37.
IN Code § 36-8-7-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-3. Creation of Fund; Management by Board of Trustees; Powers and Duties

Sec. 3. (a) A firefighters' pension fund to be known as the 1937 fund is established in each unit described by section 1(a) of this chapter.(b) The 1937 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) composed of seven (7) trustees. Two (2) trustees are the executive of the unit and the fire chief, who are ex officio voting trustees. The other trustees are one (1) retired member of the fire department and four (4) active members of the fire department elected for the terms and in the manner provided in this chapter.(c) The local board has control of the 1937 fund of the unit. The local board shall manage, use, and disburse the fund for the purpose and in the manner prescribed by this chapter. The local board may adopt and enforce bylaws that do not conflict with this chapter and are considered necessary to enable it to achieve the purposes for which it was organized. Each trustee shall, before entering upon the duties of the trustee's office, take an oath to faithfully perform the trustee's duties.[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-1 part; subsection (b) formerly 19-1-37-2 part; subsection (c) formerly 19-1-37-2 part.]As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.236-1996, SEC.3; P.L.127-2017, SEC.248.
IN Code § 36-8-7-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-4. Fire Departments With Fewer Than Five Members; Trustees; Elections

Sec. 4. (a) If a unit has less than five (5) members in its fire department, the unit may provide for the organization of a local board consisting of the fire chief, the executive of the unit, and one (1) member of the fire department.(b) The trustee from the fire department shall be elected under this section.(c) The local board may amend the bylaws of the fund to elect the trustee from the fire department in an election held on any three (3) consecutive days in February specified in the bylaws. The election shall be called by the fire chief and held at the house or quarters of the fire department. Subject to this section, the election shall be conducted in the manner specified in the bylaws.(d) This subsection applies only if the local board does not elect to be governed by subsection (c). The trustee from the fire department shall be elected at a meeting held on the second Monday in February each year. The meeting shall be called by the fire chief and held at the house or quarters of the fire department.(e) The term of the elected trustee is one (1) year beginning immediately after the trustee's election.(f) Each member of the department is entitled to one (1) ballot and the person receiving the highest number of votes is elected. The executive of the unit, the fire chief, and the city or county clerk shall canvass and count the ballots, and the clerk shall issue a certificate of election to the person having received the highest number of votes. If two (2) persons have received the same number of votes, the executive and the chief shall immediately determine by lot who will be the trustee from the persons receiving an equal number of votes.(g) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.[Pre-Local Government Recodification Citation: 19-1-37-2 part.]As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.170-1994, SEC.1; P.L.227-2005, SEC.40.
IN Code § 36-8-7-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-6. Trustees; Election of Retired Members

Sec. 6. (a) An election shall be held under this section every two (2) years to elect one (1) trustee from the retired members of the fire department for a term of two (2) years, commencing on the day of the trustee's election, if the retired list contains at least three (3) retired members at the time of election. The fire chief shall fix a time for holding a convention to nominate candidates for trustee to be elected at each election. Each convention must be held at least fifteen (15) days before the day on which the biennial election is held. All retired members of the fire department may participate in the convention. The convention, when assembled, shall nominate not more than four (4) members of the retired list to be voted upon as trustee. The secretary of the board shall mail the names of the persons nominated along with an official ballot to the retired members within forty-eight (48) hours of the end of the convention.(b) The election shall be conducted by mail. Each retired member is entitled to cast one (1) ballot by mail and the ballot may not contain more than one (1) name, chosen from the list of retired persons nominated by the convention. The candidate receiving the highest number of votes by 6 p.m. on the second Monday in February or an alternative date in February specified in the bylaws of the fund is elected.(c) The ballots must remain closed and inviolate until the close of the election, at which time, in the presence of the executive of the unit, the fire chief, and the clerk of the unit, the ballots shall be opened and counted. A certificate of election shall be issued to the candidate receiving the highest number of votes. If two (2) or more candidates receive the same number of votes, the executive and the chief shall immediately determine by lot who will be trustee from the persons receiving an equal number of votes.(d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-5; subsection (b) formerly 19-1-37-7; subsection (c) formerly 19-1-37-9.]As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.170-1994, SEC.3; P.L.227-2005, SEC.42.
IN Code § 36-8-7-6.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-6.5. Securing Ballots; Tampering With Ballots

Sec. 6.5. (a) All ballots voted under this chapter shall be secured until the balloting is closed.(b) Tampering with a ballot for an election under this chapter is a Class A infraction.(c) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.As added by P.L.170-1994, SEC.4. Amended by P.L.227-2005, SEC.43.
IN Code § 36-8-7-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-7. Trustees; Officers; Local Board Secretary Bond; Rules; Application for Relief or Pensions

Sec. 7. (a) The fire chief is the president of the local board.(b) At the first meeting after each election, the local board shall elect a secretary, who may be chosen from among the trustees. However, the local board may consider it proper to have a secretary who is a member of the fire department, to be elected by the companies for a term of four (4) years in the same manner as the election for trustees. The secretary shall keep a full record of all the proceedings of the local board in a book provided for that purpose. The secretary shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the secretary's duties.(c) The local board shall make all rules necessary for the discharge of its duties and shall hear and determine all applications for relief or pensions under this chapter.(d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.[Pre-Local Government Recodification Citation: 19-1-37-10.]As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.227-2005, SEC.44; P.L.117-2011, SEC.3.
IN Code § 36-8-7-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-8. Derivation of Money in Fund

Sec. 8. The 1937 fund is derived from the following sources:(1) From all money and other property that is given to the local board or 1937 fund for the uses and purposes for which the fund is created. The local board may take by gift, grant, devise, or bequest any money, personal property, real estate, or an interest in it. The gift, grant, devise, or bequest may be absolute or in fee simple or upon the condition that only the rents, income, or profits arising from it may be applied to the purposes for which the fund is established.(2) All money, fees, rewards, or emoluments that are paid, given, devised, or bequeathed to the fire department or one (1) of the fire companies.(3) All money accruing as interest on the securities or investments that are owned by and held in the name of the local board.(4) All money received by the local board from the sale or by the maturity of securities or investments owned by the local board.(5) An assessment made during the period of a member's employment or for thirty-two (32) years, whichever is shorter, on the salary of each member equal to six percent (6%) of the salary of a fully paid first class firefighter. However, the employer may pay all or a part of the assessment for the member. The secretary of the fire department, or the person whose duty it is to make out the payrolls, shall place on the payroll opposite the name of every member the amount of assessment on the member's salary. The unit's fiscal officer shall deduct monthly from the salary of every member the sum listed opposite the member's name, other than any amount paid on behalf of the member, and shall credit that amount to the 1937 fund. Except to the extent the assessment is paid on behalf of the member, every person who becomes a member of the fire department is liable for the assessment and is conclusively considered to agree to pay it by having it deducted from the member's salary as required in this section.(6) Appropriations that are made for the fund by the unit's fiscal body.[Pre-Local Government Recodification Citation: 19-1-37-11 part.]As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1981, P.L.182, SEC.6; P.L.312-1989, SEC.2; P.L.127-2017, SEC.250.
IN Code § 36-8-7-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-9. Use of Funds

Sec. 9. The 1937 fund and the appropriations made for the fund shall be used exclusively for the following:(1) Payments to retired members and the dependents of deceased members.(2) Death benefits.(3) Other incidental expenses that are authorized by and are essential to the proper administration of this chapter, including the payment of all costs of litigation (including attorney's fees) arising in connection with the 1937 fund.(4) Payments described in section 9.5 of this chapter.[Pre-Local Government Recodification Citation: 19-1-37-12 part.]As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.349-1987, SEC.1; P.L.182-2009(ss), SEC.429.
IN Code § 36-8-7-9.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-9.5. Use of Certain Amounts in 1937 Fund

Sec. 9.5. (a) This section applies to a balance in a 1937 fund that:(1) accrued from property taxes;(2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1937 fund because of amendments to IC 5-10.3-11-4.7 in 2008; and(3) is determined under subsection (c).(b) A local board may authorize the use of money in the 1937 fund to pay any or all of the following:(1) The costs of health insurance or other health benefits provided to members, survivors, and beneficiaries of the 1937 fund.(2) The unit's employer contributions under IC 36-8-8-6.(3) The contributions paid by the unit for a member under IC 36-8-8-8(a).(c) The maximum amount that may be used under subsection (b) is equal to the sum of the following:(1) the unencumbered balance of the 1937 fund on December 31, 2008; plus(2) the amount of property taxes:(A) imposed for an assessment date before January 16, 2008, for the benefit of the 1937 fund; and(B) deposited in the 1937 fund after December 31, 2008.As added by P.L.182-2009(ss), SEC.430.
IN Code § 36-8-7-12.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-12.1. Members Retiring With 20 Years Service

Sec. 12.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter.(b) A member who has been in service twenty (20) years, upon making a written application to the fire chief, may be retired from all service with the department without a medical examination or disability. Except as provided in subsection (f), the local board shall authorize the payment to the retired member of fifty percent (50%) of the salary of a fully paid first class firefighter of the unit at the time of the payment of the pension, plus:(1) for a member who retires before January 1, 1986, two percent (2%) of that salary for each year of service; or(2) for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of service;over twenty (20) years. However, the pension in one (1) year may not exceed an amount greater than seventy-four percent (74%) of the salary of a fully paid first class firefighter.(c) A member who is discharged from the fire department after having served at least twenty (20) years is entitled to receive the amount equal to the amount that the member would have received if the member retired voluntarily.(d) All pensions in a class are on an equal basis. The local board may not depart from this chapter in authorizing the payment of pensions.(e) The monthly pension payable to a member may not be reduced below the amount of the first full monthly pension received by that person.(f) The monthly pension payable to a member who is transferred from disability to regular retirement status may not be reduced below fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.(g) A benefit payable under this section shall be paid in not less than twelve (12) monthly installments.(h) A fund member who is receiving disability benefits under section 11(d) or 11(f) of this chapter shall be transferred from disability to regular retirement status when the member becomes fifty-five (55) years of age.(i) A fund member who is receiving disability benefits under section 11(e) of this chapter is entitled to:(1) receive a disability benefit for the remainder of the fund member's life; and(2) have the amount of the disability benefit computed under section 11(e) of this chapter when the fund member becomes fifty-five (55) years of age.As added by P.L.196-1988, SEC.2. Amended by P.L.1-1989, SEC.71; P.L.55-1989, SEC.55; P.L.171-1990, SEC.2; P.L.197-1993, SEC.4; P.L.52-1993, SEC.4; P.L.1-1994, SEC.179; P.L.231-1997, SEC.3; P.L.40-1997, SEC.7; P.L.118-2000, SEC.11; P.L.62-2006, SEC.4.
IN Code § 36-8-7-12.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-12.5. Determination Whether Disability in Line of Duty

Sec. 12.5. (a) If a local board determines that a fund member has a temporary or a permanent disability, the local board shall also make a recommendation to the board of trustees of the Indiana public retirement system (referred to in this section as "the system board") concerning whether the disability is:(1) a disability in the line of duty (as described in section 11(e)(1) of this chapter); or(2) a disability not in the line of duty (a disability other than a disability described in section 11(e)(1) of this chapter).The local board shall forward its recommendation to the system board.(b) The system board shall review the local board's recommendation not later than forty-five (45) days after receiving the recommendation and shall then issue an initial determination of whether the disability is in the line of duty or not in the line of duty. The system board shall notify the local board, the safety board, and the fund member of its initial determination.(c) The fund member, the safety board, or the local board may object in writing to the system board's initial determination under subsection (b) not later than fifteen (15) days after the initial determination is issued. If a written objection is not filed, the system board's initial determination becomes final. If a timely written objection is filed, the system board shall issue a final determination after a hearing. The final determination must be issued not later than one hundred eighty (180) days after the date of receipt of the local board's recommendation.As added by P.L.118-2000, SEC.15. Amended by P.L.6-2012, SEC.249.
IN Code § 36-8-7-12.7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-12.7. Reemployment After Retirement

Sec. 12.7. (a) Not less than thirty (30) days after a member retires from a fire department covered by this chapter, the member may:(1) be rehired by the same unit that employed the member as a firefighter for a position other than that of a full-time, fully paid firefighter; and(2) continue to receive the member's pension benefit under this chapter.(b) This section may be implemented unless the local board receives from the Internal Revenue Service a determination that prohibits the implementation.As added by P.L.130-2008, SEC.5.
IN Code § 36-8-7-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-13. Lump Sum Death Benefit

Sec. 13. (a) Benefits paid under this section are subject to section 2.5 of this chapter.(b) Upon the death of a disabled, retired, or discharged member of the fire department who was receiving or entitled to receive a pension at the time of the member's death, or upon the death of a member in active service at the time of the member's death, the local board shall authorize and pay out of the 1937 fund at least twelve thousand dollars ($12,000) as death benefits.(c) The death benefit described under this section shall be paid:(1) to the surviving spouse;(2) if there is no surviving spouse, to the surviving children; and(3) if there is no surviving spouse, and if there are no surviving children, to the estate;of the deceased member and is in addition to other benefits paid to a member or survivor under this chapter.[Pre-Local Government Recodification Citation: 19-1-37-15.]As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1981, P.L.182, SEC.7; P.L.200-1984, SEC.3; P.L.55-1989, SEC.56; P.L.169-1994, SEC.3; P.L.49-1998, SEC.4; P.L.28-2008, SEC.2.
IN Code § 36-8-7-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7. 1937 Firefighters' Pension Fund|36-8-7-15. Insufficient Funds for Appropriations; Loans; Tax Levy to Repay Loans

Sec. 15. If the appropriations for any of the purposes contemplated in section 14 of this chapter are exhausted before the end of the fiscal year for which the appropriations have been made, the unit's fiscal body shall make the necessary additional appropriations according to IC 6-1.1-18-5. If the amount of money in the general fund not otherwise appropriated is less than the additional appropriations found to be necessary, the fiscal body shall borrow the necessary money in the manner prescribed by statute for making loans by the unit. A tax shall be levied for the next year sufficient to repay the loan and the interest that has accrued.[Pre-Local Government Recodification Citation: 19-1-37-16 part.]As added by Acts 1981, P.L.309, SEC.57.