reglab/housing_qa huggingface dataset:
IN Code § 36-8-7.5-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-8. Sources of Fund

Sec. 8. The 1953 fund is derived from the following sources:(1) From money or other property that is given to the local board for the use of the fund. The local board may take by gift, grant, devise, or bequest any money, chose in action, personal property, real property, or use the same for the purposes of the 1953 fund or for such purposes specified by the grantor.(2) From money, fees, and awards of every nature that are given to the police department of the municipality or to a member of the department because of service or duty performed by the department or a member. This includes fines imposed by the safety board against a member of the department, all money from gambling cases and from gambling devices as well as the proceeds from the sale of lost, stolen, and confiscated property recovered or taken into possession by members of the police department in the performance of their duties and confiscated by court order, and sold at a public sale in accordance with law.(3) From 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 whom the local board has accepted and designated as a beneficiary of the 1953 fund, an amount equal to six percent (6%) of the salary of a first class patrolman. However, the employer may pay all or a part of the assessment for the member.(4) From the income from investments of the 1953 fund.(5) From the proceeds of a tax levied by the police special service district upon taxable property in the district, which the treasurer shall collect and credit to the 1953 fund, to be used exclusively by the 1953 fund, including the payments described in section 10.5 of this chapter.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.312-1989, SEC.3; P.L.182-2009(ss), SEC.432; P.L.127-2017, SEC.255.
IN Code § 36-8-7.5-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-9. City Officers; Powers and Duties

Sec. 9. The proper officers of the city shall do the following:(1) Deduct all sums that this chapter provides from the salaries of members of the police department and pay the sums to the local board in the manner that the local board specifies.(2) On the first day of each month, notify the local board of all the following regarding members eligible for the 1953 fund that occurred during the preceding month and state the dates upon which these events occurred:(A) New employments.(B) Discharges.(C) Resignations.(D) Suspensions from the service.(E) Deaths.(F) Changes in salary that occurred during the preceding month.(3) Procure for and transmit to the local board, in the form and time or times specified by the local board, all information requested by the local board concerning the service, age, salary, residence, marital condition, spouse, children, physical condition, mental condition, and death of any member of the police department.(4) Convey to the local board all information required by the local board concerning each newly appointed member of the police department immediately after the appointment.(5) Certify to the pension board, as of same day in the year to be fixed by the local board, the name of each member of the police department to whom this chapter applies.(6) Keep such records concerning members of the police department as the local board may reasonably require and specify.(7) Perform all duties without any cost to the 1953 fund.As added by Acts 1982, P.L.77, SEC.9.
IN Code § 36-8-7.5-10.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-10.5. Use of Certain Amounts in 1953 Fund

Sec. 10.5. (a) This section applies to a balance in the 1953 fund that:(1) accrued from property taxes;(2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1953 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 1953 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 1953 fund.(2) The consolidated city's employer contributions under IC 36-8-8-6.(3) The contributions paid by the consolidated city 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 1953 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 1953 fund; and(B) deposited in the 1953 fund after December 31, 2008.As added by P.L.182-2009(ss), SEC.434.
IN Code § 36-8-7.5-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-11. Investments of Local Board

Sec. 11. (a) The local board shall determine how much of the 1953 fund may be safely invested and how much should be retained for the needs of the fund. The investment shall be made in interest bearing direct obligations of the United States, obligations or issues guaranteed by the United States, bonds of the state of Indiana or any political subdivision, or street, sewer, or other improvement bonds of the state of Indiana or any political subdivision. However, the local board may not invest in obligations issued by the consolidated city, the county, or any political subdivision in the county. Any securities shall be deposited with and remain in the custody of the treasurer of the local board, who shall collect the interest due on them as it becomes due and payable. The local board may sell any of the securities belonging to the 1953 fund and borrow money upon the securities as collateral whenever in the judgment of the local board this action is necessary to meet the cash requirements of the 1953 fund.(b) The revenues derived from the tax levy authorized by section 10(c) of this chapter may not be invested but shall be used for the exclusive purpose of paying the pensions and benefits that the local board is obligated to pay. These revenues are in addition to all money derived from the income on the investments of the board.(c) Investments under this section are subject to section 1.5 of this chapter.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.55-1989, SEC.58.
IN Code § 36-8-7.5-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-12. Voluntary Retirement Pension; Emergency Services

Sec. 12. (a) Benefits paid under this section are subject to section 1.5 of this chapter.(b) The 1953 fund shall be used to provide a member of the police department who retires from active duty after twenty (20) or more years of active duty an annual pension equal to fifty percent (50%) of the salary of a first class patrolman in the police department, plus:(1) for a member who retires before January 1, 1986, two percent (2%) of the first class patrolman's salary for each year of service; or(2) for a member who retires after December 31, 1985, one percent (1%) of the first class patrolman's salary for each six (6) months of service;of the retired member over twenty (20) years. The pension may not exceed in any year an amount greater than seventy-four percent (74%) of the salary of a first class patrolman. The pensions shall be computed on an annual basis but shall be paid in twelve (12) equal monthly installments. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased.(c) If a member retires upon the member's voluntary application after twenty (20) years or more of active service, the member then relinquishes all rights to other benefits or pensions for disability during the time of the member's retirement.(d) After retirement the member is not required to render further services on the police department and is no longer subject to the rules of the police department, unless a national emergency has been declared by the local board, on application by the executive, the safety board, and the police chief of the city. Upon declaration of such an emergency, the retired member, if physically able, shall return to active duty under the rank the member attained at the time of the member's retirement, and if the member refuses to return to active duty upon being declared physically fit, the member forfeits the member's right to receive the member's pension until the time the member returns to active duty and again is retired or discharged from service.(e) No pension, annuity, or benefit provided by this chapter is payable by the local board except upon written application by the member of the police department, or the surviving spouse or other dependent, upon the forms and with the information required by the local board.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.342-1985, SEC.4; P.L.55-1989, SEC.59; P.L.127-2017, SEC.256.
IN Code § 36-8-7.5-12.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-12.5. Reemployment After Retirement

Sec. 12.5. (a) Not less than thirty (30) days after a member retires from a police department covered by this chapter, the member may:(1) be rehired by the same consolidated city that employed the member as a police officer for a position other than that of a full-time, fully paid police officer; 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.6.
IN Code § 36-8-7.5-13.2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-13.2. Determination Whether Disability in Line of Duty

Sec. 13.2. (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 13(b)(1) of this chapter); or(2) a disability not in the line of duty (a disability other than a disability described in section 13(b)(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.18. Amended by P.L.6-2012, SEC.250.
IN Code § 36-8-7.5-13.8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-13.8. Death Benefits Paid to Beneficiary or Estate of Member

Sec. 13.8. (a) Benefits paid under this section are subject to section 1.5 of this chapter.(b) The 1953 fund shall be used to pay twelve thousand dollars ($12,000) to the beneficiary or estate of a member of the fund, active or retired, who:(1) dies from any cause after having served for one (1) year or more as an active member of the police department; or(2) dies from any cause while in the actual discharge of the member's duties as a police officer after having served less than one (1) year as an active member of the police department.Any member of the fund may name a beneficiary to receive the amount provided for upon the member's death by designating in writing in such form as is prescribed by the local board and delivered to the board. The beneficiary may be changed from time to time by the member by canceling the designation and delivering a new designation to the local board. If the member makes no designation of beneficiary, the sum provided for shall be paid to the member's estate.As added by P.L.200-1984, SEC.4. Amended by P.L.346-1985, SEC.1; P.L.47-1988, SEC.4; P.L.55-1989, SEC.60; P.L.197-1993, SEC.5; P.L.169-1994, SEC.4; P.L.325-1995, SEC.1; P.L.231-1997, SEC.4; P.L.40-1997, SEC.8; P.L.49-1998, SEC.6; P.L.118-2000, SEC.21; P.L.28-2008, SEC.3.
IN Code § 36-8-7.5-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-15. Necessity of Application; Dismissed Member of Police Department

Sec. 15. (a) No pension, annuity, or benefit provided by this chapter is payable by the local board except upon written application by the member of the police department, or the surviving spouse or other dependent, upon the forms and with the information required by the local board.(b) The 1953 fund shall be used to pay an amount equal to the pensions, annuities, and benefits provided by this chapter in the case of retirement after twenty (20) years service, to a member of the police department and to the dependents of a member, if the member is dismissed from service for any reason other than conviction of a felony after having been in actual service for twenty (20) years. If the member is dismissed for conviction of a felony, none of the pensions or other benefits provided for in this chapter are payable to the member, the member's beneficiaries, or the member's dependents.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.257.
IN Code § 36-8-7.5-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-16. Reduction in Monthly Pension

Sec. 16. The monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.As added by Acts 1982, P.L.77, SEC.9.
IN Code § 36-8-7.5-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-17. Payments to Dependent Children or Mentally Incompetent Persons; Benefits Where Member Dies Before Payments Are Made; Payments Where Member Is Entitled to Part Salary; Reentry Into Active Service

Sec. 17. (a) If benefits are payable to a dependent child under eighteen (18) years of age or to a person adjudged mentally incompetent, the local board may, when it is to the apparent interest of the dependent child or incompetent person, waive guardianship proceedings and pay the benefit directly to the person providing for and caring for the dependent child, and to the spouse, parent, or blood relative providing for and caring for the incompetent person. The local board may, if it finds it in the best interest of any dependent child, pay any benefits due to the dependent child directly to such child regardless of any other law.(b) A member is not entitled to receive the benefits of this chapter until the member's payments are paid in full, unless the member has suffered permanent disability or death from any cause while in actual discharge of duties as a police officer. If the member dies before the required payments are made, the surviving spouse or other dependents shall pay any balance due and are then entitled to pension benefits.(c) Notwithstanding any other provision of this chapter, no disability or retirement benefit of any kind provided for in this chapter may be paid to any member of the police department for any period during which the member receives or is entitled to receive all or any part of the member's salary.(d) If any member reenters active service in the police department of any municipality after having been pensioned for any reason, the payment of the pension ceases but shall be resumed upon the resignation or discharge of the member.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.33-1989, SEC.127; P.L.1-1990, SEC.366.
IN Code § 36-8-7.5-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-18. Application for Benefits Other Than for Disability or Voluntary Retirement After 20 Years

Sec. 18. (a) In connection with an application for any pensions, annuities, or benefits other than for disability and other than voluntary retirement after twenty (20) years of active service in the police department, the local board may, if it is satisfied with the facts reported in the application made for the pension, annuity, or benefit, act upon the application and allow the pension, annuity, or benefits applied for.(b) In connection with an application for the pensions, annuities, or benefits referred to in subsection (a), the local board may deny the application. If the local board denies the application, it may, and shall upon the written request of the applicant, hold a hearing on the application at which time it shall hear any evidence of the applicant or any other person as to the facts contained in the application, and as to any of the requirements stated in this chapter for receiving the pension, annuity, or benefit. After the hearing the board shall decide whether the application shall be granted or denied.(c) At any hearing held by the local board as provided in this chapter, the local board may subpoena witnesses, and examine all witnesses under oath, and any member of the local board may administer the oath to any witness at any hearing.(d) The local board shall give due notice of the time and place of the hearing.(e) The applicant is entitled to be present at the hearing, to be represented by counsel, to examine any witness testifying at the hearing, and to introduce any evidence upon the applicant's behalf as to any question properly before the local board. The local board shall, upon the request of the applicant, subpoena any witness requested in writing by the applicant to be present at the hearing.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.258.
IN Code § 36-8-7.5-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-19. Benefits Exempted From Legal Process; Reimbursement of Employers; Withholding Payments While Charges of Criminal Taking From Employer Pending

Sec. 19. (a) All pensions, annuities, and benefits payable out of the 1953 fund are exempt from seizure or levy upon attachment, garnishment, execution, and all other process. Except as provided in section 23 of this chapter, pensions, annuities, and benefits are not subject to sale, assignment, or transfer by a beneficiary.(b) However, the member's contributions or benefits, or both, may be transferred to reimburse the member's employer for loss resulting from the member's criminal taking of the employer's property by the local board if the local board receives adequate proof of the loss. The loss resulting from the 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.(c) The local board may withhold payment of the member's contributions and interest if the employer of the member notifies the local board that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.(d) The local board may withhold payment of a person's contributions and interest under subsection (c) until the final resolution of the criminal charges.(e) Subsections (c) and (d) do not apply to the:(1) pension benefit of a retired member; or(2) disability benefit of a member who becomes disabled.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.10-1993, SEC.17; P.L.97-2004, SEC.129; P.L.203-2019, SEC.9.
IN Code § 36-8-7.5-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-20. Benefits Paid Contrary to Law; Recovery of Pension

Sec. 20. Any pension, annuity, or benefit provided for in this chapter that is paid by the local board contrary to this chapter or on account of the fraud or misrepresentation by the member concerned or any other applicant shall be treated as erroneously paid, and the local board may recover the pension, annuity, or benefit in an action against the person to whom the benefit was paid or against the estate of the person. The local board may also deduct these amounts from any future pensions, annuities, or benefits properly payable to the member or the member's dependents.As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.259.
IN Code § 36-8-7.5-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-21. Remuneration or Allowances Not to Be Used in Computation of Benefits

Sec. 21. (a) Remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off may not be used in the computation of benefits under this chapter.(b) If the remuneration or allowances described in subsection (a) were used to compute benefits for a recipient who began receiving benefits before May 2, 1977, this computation may continue only for that recipient and only during the eligibility period for benefits. The city and the official involved are not liable for making the overpayment, and a recipient is not required to repay the overpayment.As added by Acts 1982, P.L.77, SEC.9.
IN Code § 36-8-7.5-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 7.5. 1953 Police Pension Fund (Indianapolis)|36-8-7.5-22. Special Lump Sum Death Benefit in Addition to Other Benefits

Sec. 22. (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) 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.(c) 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.3. Amended by P.L.225-1991, SEC.3; P.L.53-1993, SEC.4; P.L.49-1998, SEC.7; P.L.35-2012, SEC.112; P.L.40-2017, SEC.21; P.L.99-2020, SEC.11.