reglab/housing_qa huggingface dataset:
IN Code § 36-8-8-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-9. Conversion From Prior Fund

Sec. 9. (a) This section applies to all police officers and firefighters who converted their benefits under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981).(b) A police officer or firefighter who converted the police officer's or firefighter's benefits from a 1925, 1937, or 1953 fund to the benefits and conditions of this chapter is not entitled to receive any benefits from the original fund. However, the police officer or firefighter is entitled to credit for all years of service for which the police officer or firefighter would have received credit before the police officer's or firefighter's conversion in that original fund.(c) A police officer or firefighter who:(1) converted the police officer's or firefighter's benefits from a 1925, 1937, or 1953 fund;(2) retired or became disabled on or before June 30, 1998; and(3) is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter;shall be treated as a member of this fund for purposes of paying the police officer's or firefighter's benefits from the 1977 fund effective for benefits paid on or after October 1, 1998. Prior to October 1, 1998, the police officer or firefighter remains a member of the original fund entitled to receive only the benefits provided under this chapter based on the eligibility requirements of this chapter.(d) A police officer or firefighter who:(1) converted the police officer's or firefighter's benefits from a 1925, 1937 or 1953 fund;(2) who did not retire or become disabled on or before June 30, 1998; and(3) who is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter;remains a member of that original fund but is entitled to receive only the benefits provided under this chapter and based on the eligibility requirements of this chapter.(e) A police officer or firefighter who converted shall contribute six percent (6%) of the salary of a first class patrolman or firefighter to the 1925, 1937, or 1953 fund. This amount shall be deducted from the police officer's or firefighter's salary each pay period by the disbursing officer of the employer. Contributions under this subsection may not be refunded.[Pre-Local Government Recodification Citations: 19-1-17.8-7 part; 19-1-36.5-7 part.]As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.134; P.L.22-1998, SEC.18; P.L.127-2017, SEC.260.
IN Code § 36-8-8-9.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-9.5. Fund Member Maximum Retirement Age

Sec. 9.5. (a) This section applies after June 30, 2018.(b) A fund member shall retire at seventy (70) years of age.As added by P.L.115-2016, SEC.6.
IN Code § 36-8-8-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-10. Eligibility for Retirement; Initiation of Benefits; Election to Receive Actuarially Reduced Benefits

Sec. 10. (a) A fund member is eligible for retirement after the member has completed twenty (20) years of active service.(b) Unless the member is receiving benefits under subsection (c), unreduced benefits to a retired fund member begin the date:(1) the fund member becomes fifty-two (52) years of age; or(2) on which the fund member retires;whichever is later. Benefit payments to a retired fund member under this subsection begin on the first day of the month on or after the date the member reaches fifty-two (52) years of age or on which the member retires, whichever is later.(c) A retired member may elect to receive actuarially reduced benefits that begin the date:(1) the fund member becomes fifty (50) years of age; or(2) on which the fund member retires;whichever is later. Benefit payments to a retired fund member under this subsection begin on the first day of the month on or after the day the member reaches fifty (50) years of age or on which the member retires, whichever is later.(d) If a fund member:(1) becomes fifty-two (52) years of age in the case of unreduced benefits or fifty (50) years of age in the case of reduced benefits; or(2) retires on a date other than on the first day of the month;the amount due the fund member for the initial partial monthly benefit is payable together with the regular monthly benefit on the first of the month following the date the fund member becomes fifty-two (52) or fifty (50) years of age, respectively, or retires, whichever is later.[Pre-Local Government Recodification Citations: 19-1-17.8-8; 19-1-36.5-8.]As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.232-1997, SEC.1; P.L.22-1998, SEC.19; P.L.127-2017, SEC.261.
IN Code § 36-8-8-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-11. Computation of Retirement Benefits; Actuarially Reduced Benefits

Sec. 11. (a) Benefits paid under this section are subject to section 2.5 of this chapter.(b) This subsection applies to a fund member who retires before July 1, 2019. Each fund member who qualifies for a retirement benefit payment under section 10(b) of this chapter is entitled to receive a monthly benefit equal to fifty percent (50%) of the monthly salary of a first class patrolman or firefighter in the year the member ended the member's active service plus:(1) for a member who retires before January 1, 1986, two percent (2%) of that salary for each full year of active service; or(2) for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of active service;over twenty (20) years, to a maximum of twelve (12) years.(c) This subsection applies to a fund member who retires after June 30, 2019. Each fund member who qualifies for a retirement benefit payment under section 10(b) of this chapter is entitled to receive a monthly benefit equal to fifty-two percent (52%) of the monthly salary of a first class patrolman or firefighter in the year the member ended the member's active service plus one percent (1%) of that salary for each six (6) months of active service over twenty (20) years, to a maximum of twelve (12) years.(d) This subsection applies to a fund member who retires before July 1, 2019. Each fund member who qualifies for a retirement benefit payment under section 10(c) of this chapter is entitled to receive a monthly benefit equal to fifty percent (50%) of the monthly salary of a first class patrolman or firefighter in the year the member ended the member's active service plus one percent (1%) of that salary for each six (6) months of active service over twenty (20) years, to a maximum of twelve (12) years, all actuarially reduced for each month (if any) of benefit payments prior to fifty-two (52) years of age, by a factor established by the fund's actuary from time to time.(e) This subsection applies to a fund member who retires after June 30, 2019. Each fund member who qualifies for a retirement benefit payment under section 10(c) of this chapter is entitled to receive a monthly benefit equal to fifty-two percent (52%) of the monthly salary of a first class patrolman or firefighter in the year the member ended the member's active service plus one percent (1%) of that salary for each six (6) months of active service over twenty (20) years, to a maximum of twelve (12) years, all actuarially reduced for each month (if any) of benefit payments prior to fifty-two (52) years of age, by a factor established by the fund's actuary from time to time.[Pre-Local Government Recodification Citations: 19-1-17.8-9; 19-1-36.5-9.]As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.342-1985, SEC.6; P.L.55-1989, SEC.62; P.L.22-1998, SEC.20; P.L.99-2010, SEC.12; P.L.42-2011, SEC.84; P.L.146-2019, SEC.1.
IN Code § 36-8-8-11.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-11.5. Reemployment After Retirement

Sec. 11.5. (a) This subsection applies to a fund member who is less than fifty-five (55) years of age on the date on which the fund member retires. Not less than thirty (30) days after a fund member retires from a position covered by this chapter, the fund member may:(1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter; and(2) continue to receive the fund member's retirement benefit under this chapter.(b) This subsection applies to a fund member who is at least fifty-five (55) years of age on the date on which the fund member retires. In accordance with the federal Pension Protection Act of 2006 (P.L.109-280) and unless otherwise prohibited by law, a fund member may:(1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter without a minimum period of separation from employment; and(2) continue to receive the fund member's retirement benefit under this chapter.(c) This section may be implemented unless the system board receives from the Internal Revenue Service a determination that prohibits the implementation.As added by P.L.130-2008, SEC.7. Amended by P.L.35-2012, SEC.125; P.L.241-2015, SEC.45.
IN Code § 36-8-8-12.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-12.3. Covered Impairments; Hearings; Inclusions; Class 3 Excludable Condition; Determination

Sec. 12.3. (a) Upon a request from a fund member or from the safety board of the appropriate police or fire department, the local board shall conduct a hearing under section 12.7 of this chapter to determine whether the fund member has a covered impairment.(b) A covered impairment is an impairment that permanently or temporarily makes a fund member unable to perform the essential function of the member's duties, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, with the police or fire department. However, a covered impairment does not include an impairment:(1) resulting from an intentionally self-inflicted injury or attempted suicide while sane or insane;(2) resulting from the fund member's commission or attempted commission of a felony;(3) that begins within two (2) years after a fund member's entry or reentry into active service with the department and that was caused or contributed to by a mental or physical condition that manifested itself before the fund member entered or reentered active service. Notwithstanding this subdivision, a fund member may not be required to satisfy more than one (1) such two (2) year period for the same mental or physical condition; or(4) that is occasioned, in whole or in part, by the fund member currently engaging (as defined in 29 CFR 1630.3, Appendix) in any of the following:(A) Use of a controlled substance (as defined in the Controlled Substances Act (21 U.S.C. 812)).(B) Unlawful use of a prescription drug.(c) Notwithstanding subsection (b), this subsection applies to the following:(1) A fund member who is hired after March 1, 1992.(2) A fund member who was admitted to the 1977 fund after having been covered by another public pension plan as a police officer or firefighter.For a fund member who is determined by the system board to have a Class 3 excludable condition under IC 36-8-8-13.6, a covered impairment does not include an impairment that would be classified as a Class 3 impairment that begins at any time after the fund member's entry or reentry into active service with the department and is related in any manner to the Class 3 excludable condition.(d) If the local board determines that a covered impairment exists, the chief of the police or fire department shall submit to the local board written determinations of the following:(1) Whether there is suitable and available work on the appropriate department for which the fund member is or may be capable of becoming qualified, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.(2) For a fund member covered by sections 12.5 and 13.5 of this chapter, the fund member's years of service with the department.As added by P.L.311-1989, SEC.7. Amended by P.L.4-1992, SEC.46; P.L.213-1995, SEC.9; P.L.231-1997, SEC.5; P.L.35-2012, SEC.127.
IN Code § 36-8-8-12.4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-12.4. Election of Coverage by Ic 36-8-8-12.5 and Ic 36-8-8-13.5

Sec. 12.4. A fund member who is hired for the first time before January 1, 1990, may choose to be covered by sections 12.5 and 13.5 of this chapter (instead of section 13.3 of this chapter) if the fund member files an election with the system board before January 1, 1991. However, an election may not be filed after the fund member has a covered impairment. An election filed under this section is irrevocable.As added by P.L.311-1989, SEC.8. Amended by P.L.35-2012, SEC.128.
IN Code § 36-8-8-12.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-12.5. Determination of Class of Impairment

Sec. 12.5. (a) This section applies only to a fund member who:(1) is hired for the first time after December 31, 1989;(2) chooses coverage by this section and section 13.5 of this chapter under section 12.4 of this chapter; or(3) is described in section 12.3(c)(2) of this chapter.(b) At the same hearing where the determination of whether the fund member has a covered impairment is made, the local board shall determine the following:(1) Whether the fund member has a Class 1 impairment. A Class 1 impairment is a covered impairment that is the direct result of one (1) or more of the following:(A) A personal injury that occurs while the fund member is on duty.(B) A personal injury that occurs while the fund member is offduty and is responding to:(i) an offense or a reported offense, in the case of a police officer; or(ii) an emergency or reported emergency for which the fund member is trained, in the case of a firefighter.(C) An occupational disease (as defined in IC 22-3-7-10). A covered impairment that is included within this clause and subdivision (2), including mental illnesses, shall be considered a Class 1 impairment.(D) A health condition caused by an exposure risk disease that results in a presumption of disability or death incurred in the line of duty under IC 5-10-13.(2) Whether the fund member has a Class 2 impairment. A Class 2 impairment is a covered impairment that is:(A) a duty related disease. A duty related disease means a disease arising out of the fund member's employment. A disease shall be considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:(i) there is a connection between the conditions under which the fund member's duties are performed and the disease;(ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and(iii) the disease can be traced to the fund member's employment as the proximate cause; or(B) a health condition caused by:(i) an exposure related heart or lung disease;(ii) an exposure related cancer; or(iii) exposure related Parkinson's disease;that results in a presumption of disability incurred in the line of duty under IC 5-10-15.(3) Whether the fund member has a Class 3 impairment. A Class 3 impairment is a covered impairment that is not a Class 1 impairment or a Class 2 impairment.As added by P.L.311-1989, SEC.9. Amended by P.L.213-1995, SEC.10; P.L.185-2002, SEC.11; P.L.62-2006, SEC.7; P.L.59-2009, SEC.5; P.L.54-2020, SEC.1.
IN Code § 36-8-8-13.6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-13.6. "Class 3 Excludable Condition"; Rules; Recording and Retaining Listing of Condition

Sec. 13.6. (a) As used in this chapter, "Class 3 excludable condition" means a condition that is included on the list of excludable medical conditions established by the system board under subsection (b).(b) The system board shall adopt rules to establish a list of excludable medical conditions.(c) To the extent required by the Americans with Disabilities Act, the system board shall record and retain the listing of a fund member's Class 3 excludable condition in the fund member's confidential medical file.As added by P.L.4-1992, SEC.51. Amended by P.L.23-2011, SEC.29.
IN Code § 36-8-8-13.7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-13.7. Review of Member's Impairment; Hearing; Costs of Medical Examination

Sec. 13.7. (a) No more than once every twelve (12) months after the final determination of covered impairment under this chapter:(1) a petition for review of the fund member's impairment may be filed with the local board by the fund member, the safety board, or the system board; or(2) the local board may on its own motion seek a review of a fund member's impairment.(b) The review may include a review of whether a covered impairment continues to exist, whether the degree of impairment has changed, and any other matter considered appropriate by the local board.(c) The local board shall conduct a hearing under section 12.7 of this chapter to determine the matters raised in the petition for review. The local board's determination shall be submitted to the system board, and the procedures specified in section 13.1 of this chapter apply.(d) The costs of a medical examination required by the local board shall be paid by the party who filed the petition for review.As added by P.L.311-1989, SEC.14. Amended by P.L.1-1991, SEC.214; P.L.35-2012, SEC.133.
IN Code § 36-8-8-14.2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-14.2. Public Safety Officers Survivors' Health Coverage Cumulative Fund

Sec. 14.2. (a) This section applies to every unit that is an employer of one (1) or more individuals who are active members of the 1977 fund.(b) As used in this section, "survivor" means:(1) a surviving spouse of a deceased member of the 1977 fund; or(2) a surviving natural child, stepchild, or adopted child of a deceased member of the 1977 fund;who is entitled to health insurance coverage under section 14.1(h) of this chapter.(c) If a unit is obligated under section 14.1(h) of this chapter to pay for health insurance coverage for one (1) or more survivors of a deceased member of the 1977 fund who died in the line of duty, the legislative body of the unit may establish a public safety officer survivors' health coverage cumulative fund under this section to pay for health coverage under section 14.1(h) of this chapter.(d) The fiscal body of a unit may provide money for a public safety officer survivors' health coverage cumulative fund established under subsection (c) by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the unit.(e) The property tax rate that may be imposed under this section for property taxes first due and payable during a particular year may not exceed the rate necessary to pay the annual cost of the health coverage that the unit is obligated to pay under section 14.1(h) of this chapter. The unit shall provide any documentation requested by the department of local government finance that is necessary to certify the rate adopted by the unit. The unit's maximum permissible ad valorem property tax levy determined under IC 6-1.1-18.5-3 excludes the property tax levied under this section.(f) The tax money collected under this section shall be held in a special fund to be known as the public safety officer survivors' health coverage cumulative fund.(g) In a consolidated city, money may be transferred from the public safety officer survivors' health coverage cumulative fund to the fund of a department of the consolidated city responsible for carrying out a purpose for which the public safety officer survivors' health coverage cumulative fund was created. The department may not expend any money transferred under this subsection until an appropriation is made, and the department may not expend any money transferred under this subsection for operating costs of the department.As added by P.L.159-2020, SEC.83.
IN Code § 36-8-8-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-15. Cost of Living Adjustment

Sec. 15. Each year the system board shall determine if there has been an increase or decrease in the consumer price index (United States city average) prepared by the United States Department of Labor by comparing the arithmetic mean of the consumer price index for January, February, and March of that year with the arithmetic mean for the same three (3) months of the preceding year. If there has been an increase, or a decrease, it shall be stated as a percentage of the arithmetic mean for the preceding three (3) month period. The percentage shall be rounded to the nearest one-tenth of one percent (0.1%) and may not exceed three percent (3%). If there is a percentage increase of the arithmetic mean for the preceding three (3) month period, a fund member's or survivor's monthly benefit, beginning with the July payment, shall be increased by an amount equal to the June payment times the percentage increase. However, a fund member's or survivor's monthly benefit may not be increased under this section until July of the year following the year of the first monthly benefit payment to the fund member or survivor. In computing a fund member's benefit, the increase is based only on those years for which the fund member was eligible for benefit payments under this chapter. A monthly benefit may not be reduced if there is a percentage decrease of the arithmetic mean for the preceding three (3) month period.[Pre-Local Government Recodification Citations: 19-1-17.8-13; 19-1-36.5-13.]As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.99-2010, SEC.13; P.L.35-2012, SEC.134.
IN Code § 36-8-8-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund|36-8-8-16. Lump Sum Death Benefit

Sec. 16. (a) Benefits paid under this section are subject to section 2.5 of this chapter.(b) The heirs or estate of a fund member is entitled to receive at least twelve thousand dollars ($12,000) upon the fund member's death.[Pre-Local Government Recodification Citations: 19-1-17.8-14; 19-1-36.5-14.]As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.200-1984, SEC.6; P.L.55-1989, SEC.65; P.L.311-1989, SEC.15; P.L.169-1994, SEC.5; P.L.49-1998, SEC.8; P.L.28-2008, SEC.4.