reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-23. Rollover to Eligible Retirement Plan

Sec. 23. 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 1953 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.18.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 20 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.
(2) The amendments made to section 10 of this chapter by P.L.232-1997 apply only to members of the 1977 fund who initially:
(A) become fifty-five (55) years of age; or
(B) retire;
after June 30, 1997.
(3) The amendments made to section 16 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1977 police officers' and firefighters' pension and disability fund who dies after June 30, 2008.
(4) The amendments made to sections 12 and 13.5 of this chapter by P.L.32-2009 and by P.L.34-2009 apply to a member of the 1977 police officers' and firefighters' pension and disability fund who:
(A) 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
(B) before July 1, 2009, has not had the member's disability benefit recalculated under section 13.5 of this chapter (as the section read before amendment by P.L.32-2009 and by P.L.34-2009).
As added by P.L.220-2011, SEC.671.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-1. Application of Chapter

Sec. 1. This chapter applies to:
(1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981);
(2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981);
(3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996;
(4) a park ranger who:
(A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
(B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a population of more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000);
(5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member of the fire department of a consolidated city under IC 36-3-1-6.1, provided that the firefighter's service as a member of the fire department of a consolidated city is considered active service under this chapter;
(6) except as otherwise provided, a full-time fully paid firefighter who is hired or rehired after the effective date of the consolidation by a consolidated fire department established under IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter before the effective date of consolidation and becomes a member of the consolidated law enforcement department as part of the consolidation under IC 36-3-1-5.1, provided that the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter;
(8) except as otherwise provided, a full-time police officer who is hired or rehired after the effective date of the consolidation by a consolidated law enforcement department established under IC 36-3-1-5.1;
(9) a veteran described in IC 36-8-4.7; and
(10) a full-time police officer or full-time fully paid firefighter who is employed by an airport authority;
except as provided by section 7 of this chapter.
[Pre-Local Government Recodification Citations: subdivision (1) formerly 19-1-17.8-1 part; 19-1-17.8-16 part; 19-1-17.8-17 part; 19-1-47-1 part; subdivision (2) formerly 19-1-36.5-1 part; 19-1-36.5-16 part; 19-1-36.5-17 part; 19-1-47-1 part.]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.132; P.L.236-1996, SEC.4; P.L.43-1997, SEC.6; P.L.22-1998, SEC.16; P.L.246-2001, SEC.16; P.L.227-2005, SEC.46; P.L.119-2012, SEC.218; P.L.115-2016, SEC.4; P.L.11-2023, SEC.125; P.L.102-2023, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-1.2. "Airport Authority"

Sec. 1.2. As used in this chapter, "airport authority" refers to an airport authority established under IC 8-22-3.
As added by P.L.102-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-1.5. "Electronic Funds Transfer"

Sec. 1.5. As used in this chapter, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f).
As added by P.L.13-2011, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-2. "Employer"

Sec. 2. As used in this chapter, "employer" means:
(1) a municipality that established a 1925 or 1953 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
(2) a unit that established a 1937 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
(3) a consolidated city that consolidated the fire departments of units that:
(A) established a 1937 fund; or
(B) participated in the 1977 fund;
before the units' consolidation into the fire department of a consolidated city established by IC 36-3-1-6.1;
(4) a consolidated city that establishes a consolidated law enforcement department under IC 36-3-1-5.1; or
(5) an airport authority that participates in the 1977 fund under section 3 of this chapter.
[Pre-Local Government Recodification Citations: 19-1-17.8-1 part; 19-1-36.5-1 part.]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.227-2005, SEC.47; P.L.102-2023, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-2.1. "Local Board"

Sec. 2.1. (a) As used in this chapter, "local board" means the following:
(1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2.
(2) For a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3.
(3) For a consolidated city that established a 1953 fund for its police officers, the local board described in IC 36-8-7.5-2.
(4) For a unit, other than a consolidated city, that did not establish a 1925 fund for its police officers or a 1937 fund for its firefighters, the local board described in subsection (b) or (c).
(5) For an airport authority, the board of an airport authority.
(b) If a unit did not establish a 1925 fund for its police officers, a local board shall be composed in the same manner described in IC 36-8-6-2(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.
(c) If a unit did not establish a 1937 fund for its firefighters, a local board shall be composed in the same manner described in IC 36-8-7-3(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.
As added by P.L.236-1996, SEC.5. Amended by P.L.102-2023, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-2.3. "System Board"

Sec. 2.3. 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.35-2012, SEC.113.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-2.6. Administration of Fund

Sec. 2.6. The 1977 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.43.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-4. Fund Established; Managed by System Board

Sec. 4. (a) There is established a police officers' and firefighters' pension and disability fund to be known as the 1977 fund. The 1977 fund consists of fund member and employer contributions, plus the earnings on them, to be used to make benefit payments to fund members and their survivors in the amounts and under the conditions specified in this chapter.
(b) The system board shall administer the 1977 fund, which may be commingled for investment purposes with other funds administered by the Indiana public retirement system. All actuarial data shall be computed on the total membership of the fund, and the cost of participation is the same for all employers in the fund. The fund member and employer contributions shall be recorded separately for each employer.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-17.8-1 part; 19-1-17.8-2(a); 19-1-36.5-1 part; 19-1-36.5-2(a); subsection (b) formerly 19-1-17.8-2(b); 19-1-36.5-2(b).]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.201-1984, SEC.1; P.L.342-1985, SEC.5; P.L.119-2000, SEC.8; P.L.23-2011, SEC.27; P.L.35-2012, SEC.116.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-5. System Board; Powers and Duties; Appeals; Personnel; Confidentiality of Fund Records

Sec. 5. (a) The system board shall:
(1) determine eligibility for and make payments of benefits, except as provided in section 12 of this chapter;
(2) in accordance with the powers and duties granted it in IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-5, administer the 1977 fund;
(3) provide by rule for the implementation of this chapter; and
(4) authorize deposits.
(b) A determination by the system board may be appealed under the procedures in IC 4-21.5.
(c) The powers and duties of the director appointed by the system board, the actuary of the system board, and the attorney general, with respect to the 1977 fund, are those specified in IC 5-10.3-3, IC 5-10.3-4, and IC 5-10.5.
(d) The system board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter.
(e) The 1977 fund records of individual members and membership information are confidential, except for the name and years of service of a 1977 fund member.
(f) After July 1, 2022, if the system board determines that a new police officer or firefighter in PERF should be a member of the 1977 fund, the system board shall require the employer to:
(1) transfer the member into the 1977 fund; and
(2) contribute the amount that the system board determines is necessary to fund fully the member's service credit in the 1977 fund for all service earned as a police officer or firefighter in PERF.
[Pre-Local Government Recodification Citations: 19-1-17.8-3; 19-1-36.5-3.]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.5-1988, SEC.219; P.L.5-1990, SEC.21; P.L.94-2004, SEC.8; P.L.99-2010, SEC.11; P.L.35-2012, SEC.117; P.L.85-2022, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-6. Employer Contributions; Reports and Records

Sec. 6. (a) Each employer shall annually on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, or an alternate date established by the rules of the system board, pay into the 1977 fund an amount determined by the system board:
(1) for administration expenses; and
(2) sufficient to maintain level cost funding during the period of employment on an actuarial basis for members hired after April 30, 1977.
(b) After December 31, 2011, each employer shall submit the payments required by subsection (a) by electronic funds transfer.
(c) After June 30, 2021, an employer must provide to the system board any reports or records requested by the system board. The requested reports or records must be provided to the system board:
(1) not more than thirty (30) days after the end of the calendar quarter, if applicable; or
(2) by an alternate due date established by the rules of the system board.
The reports or records requested by the system board must be provided through a secure connection over the Internet or through other electronic means specified by the system board.
(d) If the employer does not provide the reports or records specified in subsection (c), the system board may fine the employer or department one hundred dollars ($100) for each day that the reports or records are late, to be withheld under subsection (e).
(e) If an employer fails to make the payments or provide the reports and membership records as required by subsection (a) or (c) or fails to send the fund members' contributions required by section 8(a) of this chapter, the amount payable, on request of the system board, may be withheld by the auditor of state from money payable to the employer and transferred to the fund. In the alternative, the amount payable may be recovered in the circuit or superior court of the county in which the employer is located, in an action by the state on the relation of the system board, prosecuted by the attorney general.
(f) In addition to the right of recovery in subsection (e), an alleged failure of an employer to make the payments required by subsection (a) may be examined by the state board of accounts under IC 5-11-1 or by the Indiana public retirement system as necessary to confirm compliance with subsection (a).
[Pre-Local Government Recodification Citations: 19-1-17.8-4; 19-1-36.5-4.]
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1982, P.L.33, SEC.39; P.L.13-2011, SEC.16; P.L.35-2012, SEC.118; P.L.103-2021, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-6.5. Submission of Salary

Sec. 6.5. (a) An employer shall annually submit to the system board before January 1 the salary of a first class patrolman or first class firefighter.
(b) If the system board requests that an employer submit the salary of a first class patrolman or first class firefighter, the employer must submit the requested salary to the system board not more than thirty (30) days after the system board makes the request.
(c) The submissions in subsections (a) and (b) must be made through a secure connection over the Internet or through other electronic means specified by the system board.
(d) If an employer substantially increases the salary of a first class patrolman or first class firefighter, the system board may require the employer to at least maintain that salary to avoid a negative fiscal impact.
As added by P.L.103-2021, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-7.2. Fire Chief or Police Chief Transfer of Service Credit to Perf

Sec. 7.2. (a) This section applies to an individual:
(1) who becomes a member of the 1977 fund under section 7(h) of this chapter;
(2) whose appointment as a fire chief or police chief ends after June 30, 2007; and
(3) who is not eligible to receive a benefit from the 1977 fund at the end of the individual's appointment as a fire chief or police chief.
(b) A fund member described in subsection (a) may elect:
(1) to receive the fund member's contributions to the 1977 fund under section 8 of this chapter; or
(2) to transfer the fund member's service credit earned as a fire chief or police chief to PERF under subsection (c).
(c) If a fund member makes the election described in subsection (b)(2), the system board shall:
(1) grant to the fund member service credit in PERF for all service earned as a fire chief or police chief in the 1977 fund; and
(2) transfer from the 1977 fund to PERF:
(A) the fund member's contributions made during the fund member's appointment as a fire chief or police chief to the 1977 fund; plus
(B) the present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter.
(d) The system board shall deposit the amounts transferred to PERF under subsection (c) as follows:
(1) The fund member's contributions to the 1977 fund shall be credited to the fund member's PERF annuity savings account.
(2) The present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter shall be credited to PERF's retirement allowance account.
(e) For a fund member who makes the election described in subsection (b)(2), all credit for service as a fire chief or police chief in the 1977 fund is waived.
As added by P.L.180-2007, SEC.9. Amended by P.L.35-2012, SEC.120.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-8. Employee Contributions; Lump Sum Withdrawal on Termination of Employment

Sec. 8. (a) Each fund member shall contribute during the period of the fund member's employment or for thirty-two (32) years, whichever is shorter, an amount equal to six percent (6%) of the salary of a first class patrolman or firefighter. However, the employer may pay all or a part of the contribution for the member. The amount of the contribution, other than contributions paid on behalf of a member, shall be deducted each pay period from each fund member's salary by the disbursing officer of the employer. The employer shall send to the system board each year on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, or an alternate date established by the rules of the system board, a certified list of fund members and a warrant issued by the employer for the total amount deducted for fund members' contributions.
(b) After December 31, 2011, an employer shall submit:
(1) the list described in subsection (a) in a uniform format through a secure connection over the Internet or through other electronic means specified by the system board; and
(2) the contributions paid by or on behalf of a member under subsection (a) by electronic funds transfer.
(c) Except as provided in section 7(n) or 7.2 of this chapter, if a fund member ends the fund member's employment other than by death or disability before the fund member completes twenty (20) years of active service, the system board shall return to the fund member in a lump sum the fund member's contributions plus interest at a rate specified by rule by the system board. If the fund member returns to service, the fund member is entitled to credit for the years of service for which the fund member's contributions were refunded if the fund member repays the amount refunded to the fund member plus interest at a rate specified by rule by the system board in either a lump sum or a series of payments determined by the system board.
[Pre-Local Government Recodification Citations: 19-1-17.8-6; 19-1-36.5-6.]
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.10; P.L.312-1989, SEC.4; P.L.180-2007, SEC.10; P.L.13-2011, SEC.17; P.L.16-2011, SEC.13; P.L.6-2012, SEC.251; P.L.35-2012, SEC.121; P.L.117-2013, SEC.2; P.L.92-2021, SEC.15.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 off
duty 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.
2023 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. Repealed

[Pre-Local Government Recodification Citations: 19-1-17.8-11; 19-1-36.5-11.]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.342-1985, SEC.7; P.L.5-1988, SEC.220; P.L.311-1989, SEC.11; P.L.5-1990, SEC.23; P.L.1-1990, SEC.367. Repealed by P.L.1-1991, SEC.212.
2023 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.
2023 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.
2023 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. Repealed

[Pre-Local Government Recodification Citations: 19-1-17.8-12; 19-1-36.5-12.]
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1982, P.L.214, SEC.4; P.L.363-1983, SEC.3; P.L.364-1983, SEC.7. Repealed by P.L.50-1984, SEC.13.