reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-12.1. Members Retiring With 20 Years Service

Sec. 12.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter.
(b) A member who has been in service twenty (20) years, upon making a written application to the fire chief, may be retired from all service with the department without a medical examination or disability. Except as provided in subsection (f), the local board shall authorize the payment to the retired member of fifty percent (50%) of the salary of a fully paid first class firefighter of the unit at the time of the payment of the pension, plus:
(1) for a member who retires before January 1, 1986, two percent (2%) of that salary for each year of service; or
(2) for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of service;
over twenty (20) years. However, the pension in one (1) year may not exceed an amount greater than seventy-four percent (74%) of the salary of a fully paid first class firefighter.
(c) A member who is discharged from the fire department after having served at least twenty (20) years is entitled to receive the amount equal to the amount that the member would have received if the member retired voluntarily.
(d) All pensions in a class are on an equal basis. The local board may not depart from this chapter in authorizing the payment of pensions.
(e) The monthly pension payable to a member may not be reduced below the amount of the first full monthly pension received by that person.
(f) The monthly pension payable to a member who is transferred from disability to regular retirement status may not be reduced below fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.
(g) A benefit payable under this section shall be paid in not less than twelve (12) monthly installments.
(h) A fund member who is receiving disability benefits under section 11(d) or 11(f) of this chapter shall be transferred from disability to regular retirement status when the member becomes fifty-five (55) years of age.
(i) A fund member who is receiving disability benefits under section 11(e) of this chapter is entitled to:
(1) receive a disability benefit for the remainder of the fund member's life; and
(2) have the amount of the disability benefit computed under section 11(e) of this chapter when the fund member becomes fifty-five (55) years of age.
As added by P.L.196-1988, SEC.2. Amended by P.L.1-1989, SEC.71; P.L.55-1989, SEC.55; P.L.171-1990, SEC.2; P.L.197-1993, SEC.4; P.L.52-1993, SEC.4; P.L.1-1994, SEC.179; P.L.231-1997, SEC.3; P.L.40-1997, SEC.7; P.L.118-2000, SEC.11; P.L.62-2006, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-12.5. Determination Whether Disability in Line of Duty

Sec. 12.5. (a) If a local board determines that a fund member has a temporary or a permanent disability, the local board shall also make a recommendation to the board of trustees of the Indiana public retirement system (referred to in this section as "the system board") concerning whether the disability is:
(1) a disability in the line of duty (as described in section 11(e)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a disability described in section 11(e)(1) of this chapter).
The local board shall forward its recommendation to the system board.
(b) The system board shall review the local board's recommendation not later than forty-five (45) days after receiving the recommendation and shall then issue an initial determination of whether the disability is in the line of duty or not in the line of duty. The system board shall notify the local board, the safety board, and the fund member of its initial determination.
(c) The fund member, the safety board, or the local board may object in writing to the system board's initial determination under subsection (b) not later than fifteen (15) days after the initial determination is issued. If a written objection is not filed, the system board's initial determination becomes final. If a timely written objection is filed, the system board shall issue a final determination after a hearing. The final determination must be issued not later than one hundred eighty (180) days after the date of receipt of the local board's recommendation.
As added by P.L.118-2000, SEC.15. Amended by P.L.6-2012, SEC.249.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-12.7. Reemployment After Retirement

Sec. 12.7. (a) Not less than thirty (30) days after a member retires from a fire department covered by this chapter, the member may:
(1) be rehired by the same unit that employed the member as a firefighter for a position other than that of a full-time, fully paid firefighter; and
(2) continue to receive the member's pension benefit under this chapter.
(b) This section may be implemented unless the local board receives from the Internal Revenue Service a determination that prohibits the implementation.
As added by P.L.130-2008, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-13. Lump Sum Death Benefit

Sec. 13. (a) Benefits paid under this section are subject to section 2.5 of this chapter.
(b) Upon the death of a disabled, retired, or discharged member of the fire department who was receiving or entitled to receive a pension at the time of the member's death, or upon the death of a member in active service at the time of the member's death, the local board shall authorize and pay out of the 1937 fund at least twelve thousand dollars ($12,000) as death benefits.
(c) The death benefit described under this section shall be paid:
(1) to the surviving spouse;
(2) if there is no surviving spouse, to the surviving children; and
(3) if there is no surviving spouse, and if there are no surviving children, to the estate;
of the deceased member and is in addition to other benefits paid to a member or survivor under this chapter.
[Pre-Local Government Recodification Citation: 19-1-37-15.]
As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1981, P.L.182, SEC.7; P.L.200-1984, SEC.3; P.L.55-1989, SEC.56; P.L.169-1994, SEC.3; P.L.49-1998, SEC.4; P.L.28-2008, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-15. Insufficient Funds for Appropriations; Loans; Tax Levy to Repay Loans

Sec. 15. If the appropriations for any of the purposes contemplated in section 14 of this chapter are exhausted before the end of the fiscal year for which the appropriations have been made, the unit's fiscal body shall make the necessary additional appropriations according to IC 6-1.1-18-5. If the amount of money in the general fund not otherwise appropriated is less than the additional appropriations found to be necessary, the fiscal body shall borrow the necessary money in the manner prescribed by statute for making loans by the unit. A tax shall be levied for the next year sufficient to repay the loan and the interest that has accrued.
[Pre-Local Government Recodification Citation: 19-1-37-16 part.]
As added by Acts 1981, P.L.309, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-16. Disability Retirees; Physical Examinations; Reactivation; Hearing; Period of Disability Credited; Transcripts, Reports, Records, and Other Materials

Sec. 16. (a) After a member of the fire department has been retired upon pension because of disability, the local board may require the retired member to again be examined by competent physicians or surgeons. After the examination, the local board shall conduct a hearing under IC 36-8-8-12.7 to determine whether the disability still exists and whether the retired member should be continued on the pension roll. However, the retired member remains upon the pension roll until placed back in active service of the department, except in cases of dismissal or resignation.
(b) If a retired member is found after the examination and hearing to be physically able to be placed back in active service of the department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, the local board shall certify the person's name and that fact to the safety board or other appointing authority. The person shall be placed back on active duty by the appointing authority as soon as the first vacancy occurs.
(c) Time spent receiving disability benefits is considered active service for the purpose of determining retirement benefits until the member has a total of twenty (20) years of service.
(d) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material compiled to determine the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
[Pre-Local Government Recodification Citation: 19-1-37-17.]
As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1981, P.L.182, SEC.8; P.L.311-1989, SEC.4; P.L.4-1992, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-17. Eligibility for Employment; Physical Examinations; Age Requirements

Sec. 17. (a) The local board may require and provide for a physical examination of applicants for employment in the fire department.
(b) A person who:
(1) is at least thirty-six (36) years of age; or
(2) fails to pass the physical examination required by the local board;
may not be appointed, reappointed, or reinstated as a member of the fire department.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-12 part; subsection (b) formerly 19-1-37-18 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.38-1986, SEC.5; P.L.55-1987, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-18. Membership of Persons Employed on March 2, 1937, in Pension Fund

Sec. 18. (a) Notwithstanding section 17 of this chapter, each member of the fire department who was in active service on March 2, 1937, but who was not a member of the firemen's pension fund, is conclusively considered to be a member of the 1937 fund and shall pay, in addition to the member's previous assessments, the same amount into the 1937 fund for unpaid assessments that the member would have paid as assessments if the member had been a member of the 1937 fund during all of the years of the member's service.
(b) A member of the fire department who:
(1) was in active service on March 2, 1937;
(2) was a member of the 1937 fund;
(3) had previous service in the fire department; and
(4) who was thirty-six (36) years of age or older at the time of the member's reinstatement or reappointment;
is entitled to all of the benefits of the 1937 fund with all of the years of active service with the fire department counted in determining the member's eligibility for retirement.
[Pre-Local Government Recodification Citation: 19-1-37-18 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.127-2017, SEC.252.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-19. Repealed

[Pre-Local Government Recodification Citation: 19-1-37-19.]
As added by Acts 1981, P.L.309, SEC.57. Repealed by P.L.38-1986, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-20. Deposit of Funds

Sec. 20. All money that is collected and received by the local board or an officer of it by virtue of subdivisions (1) through (4) of section 8 of this chapter shall be paid to the unit's fiscal officer, who shall credit this money to the 1937 fund. The 1937 fund is a public fund for purposes of IC 5-13.
[Pre-Local Government Recodification Citation: 19-1-37-20.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.19-1987, SEC.50; P.L.173-2003, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-21. Payments; Procedure

Sec. 21. Payments to beneficiaries and dependents from the 1937 fund shall be made upon a warrant of the unit's fiscal officer upon a verified schedule of beneficiaries and dependents and the amount payable to each. The schedule shall be prepared and verified by the secretary, signed by the president, and countersigned by the secretary of the local board. All other claims shall be signed by the president and countersigned by the secretary and shall be paid upon a warrant of the fiscal officer.
[Pre-Local Government Recodification Citation: 19-1-37-21.]
As added by Acts 1981, P.L.309, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-22. Exemption of Fund From Judicial Process; Authorized Expenditures; Reimbursement of Employers; Withholding Payments

Sec. 22. (a) The 1937 fund may not be, either before or after an order for distribution to members of the fire department or to the surviving spouses or guardians of a child or children of a deceased, disabled, or retired member, held, seized, taken, subjected to, detained, or levied on by virtue of an attachment, execution, judgment, writ, interlocutory or other order, decree, or process, or proceedings of any nature issued out of or by a court in any state for the payment or satisfaction, in whole or in part, of a debt, damages, demand, claim, judgment, fine, or amercement of the member or the member's surviving spouse or children. The 1937 fund shall be kept and distributed only for the purpose of pensioning the persons named in this chapter. The local board may, however, annually expend an amount from the 1937 fund that it considers proper for the necessary expenses connected with the fund. Notwithstanding any other law, neither the fiscal body nor the department of local government finance may reduce these expenditures.
(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.
[Pre-Local Government Recodification Citations: 19-1-37-22; 19-1-37-27 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.90-2002, SEC.489; P.L.224-2007, SEC.125; P.L.146-2008, SEC.778; P.L.203-2019, SEC.8; P.L.257-2019, SEC.150; P.L.156-2020, SEC.146.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-23. Fiscal Officer as Custodian of Fund; Liability; Accounts

Sec. 23. The unit's fiscal officer is the custodian of all money belonging to the 1937 fund, and all money belonging to the fund shall be promptly paid to the officer. The officer is liable on the officer's bond for the faithful performance of all duties imposed upon the officer by this chapter in relation to the fund and for the faithful accounting of all money and securities that come into the officer's possession and belong to the fund. The officer shall keep a separate account of the 1937 fund, which must always show the true condition of the fund.
[Pre-Local Government Recodification Citation: 19-1-37-23.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.173-2003, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-24. Temporary Loans; Authorization and Procedure

Sec. 24. The local board may, by resolution, authorize temporary loans to be made and effected in anticipation of current revenues of the unit actually levied and in the course of collection for the fiscal year in which the loans are made. The fiscal body of the unit shall by ordinance authorize the temporary loans and the issuance and sale of securities for them in the same manner as prescribed for the unit generally in making temporary loans.
[Pre-Local Government Recodification Citation: 19-1-37-27 part.]
As added by Acts 1981, P.L.309, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-25. Items Excluded When Computing Benefits; Liability for Overpayment

Sec. 25. (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 unit and the official involved are not liable for making the overpayment, and a recipient is not required to repay the overpayment.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-46-1 part; subsection (b) formerly 19-1-46-2 part.]
As added by Acts 1981, P.L.309, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-26. Special Lump Sum Death Benefit in Addition to Other Benefits

Sec. 26. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 12.4 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.2. Amended by P.L.225-1991, SEC.2; P.L.53-1993, SEC.3; P.L.49-1998, SEC.5; P.L.118-2000, SEC.16; P.L.1-2001, SEC.43; P.L.35-2012, SEC.111; P.L.40-2017, SEC.20; P.L.99-2020, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-27. Rollover to Eligible Retirement Plan

Sec. 27. 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 1937 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.16.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 22 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 13.8 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1953 police pension fund who dies after June 30, 2008.
As added by P.L.220-2011, SEC.670.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-1.7. "Americans With Disabilities Act"

Sec. 1.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.
As added by P.L.4-1992, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-1.9. Administration of Fund

Sec. 1.9. The 1953 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.41.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-2. Establishment of Fund; Local Board of Trustees; Terms; Vacancies; Compensation; Bylaws

Sec. 2. (a) A police pension fund to be known as the 1953 fund is established in each consolidated city.
(b) The 1953 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) having nine (9) trustees, as follows:
(1) The city executive, the county treasurer, and the city police chief.
(2) One (1) retired member of the police department.
(3) Five (5) active members of the police department.
(c) The trustee under subsection (b)(2) shall be elected at a meeting of the retired members of the 1953 fund. The trustees under subsection (b)(3) shall be elected at a meeting of the active members of the police department. The trustees are elected for terms of three (3) years, beginning on January 1 following the election, and succeeding those trustees whose terms of office expire on that date.
(d) If a vacancy occurs on the local board among those trustees elected by the police department, the remaining trustees of the local board shall fill the vacancy for the unexpired term of the trustee causing the vacancy, from the same class of members, active or retired, as was the trustee causing the vacancy.
(e) Any trustee of the local board elected as an active member of the police department automatically ceases to be a member of the local board if the trustee ceases, for any reason, to be an active member of the police department and the vacancy shall be filled as provided in subsection (d).
(f) The trustees receive no compensation for their services and shall be paid only their necessary and actual expenses, including travel expenses, out of the fund in the custody of the treasurer, for acting upon matters related to the 1953 fund. The submission of expenses by any local board member and the authorization by the local board at regular meeting is sufficient authorization to the treasurer for payment.
(g) The local board may make all necessary bylaws for:
(1) meetings of the trustees;
(2) the manner of their election, including the counting and canvassing of the votes;
(3) the collection of all money and other property due or belonging to the 1953 fund;
(4) all matters connected with the care, preservation, and disbursement of the fund; and
(5) all other matters connected with the proper execution of this chapter.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.253.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-3. Officers of Local Board; Powers and Duties; Secretary's Bond; Reports

Sec. 3. (a) The city executive is president of the local board, the police chief is its vice president, the county treasurer is its treasurer, and the local board shall elect a secretary. The secretary shall be paid out of the 1953 fund a sum for the secretary's services as fixed by the local board.
(b) The treasurer:
(1) has custody of all property, money, and securities belonging to the 1953 fund and shall collect the principal and interest on them;
(2) is liable on the treasurer's bond as a county officer for the faithful accounting of all money and securities belonging to the 1953 fund that come into the treasurer's hands;
(3) shall keep a separate account showing at all times the true condition of the 1953 fund; and
(4) shall, upon the expiration of the treasurer's term of office, account to the local board for all money and securities coming into the treasurer's hands, including the proceeds of them, and turn over to the treasurer's successor all money and securities belonging to the fund remaining in the treasurer's hands.
(c) The secretary shall:
(1) keep a true account of the proceedings of the local board when acting upon matters relating to the 1953 fund;
(2) keep a correct statement of the accounts of each member with the 1953 fund;
(3) give the local board a monthly account of the secretary's acts and services as secretary;
(4) turn over to the secretary's successor all books and papers pertaining to the secretary's office; and
(5) perform any other duties imposed upon the secretary by the local board.
(d) The secretary shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the secretary's duties.
(e) The secretary and treasurer shall make complete and accurate reports of their trusts to the local board on the first Monday in February of each year, copies of which shall be filed with the city fiscal officer. The books of the secretary and treasurer must be open at all times to examination by members of the local board.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.254.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-4. Management of Revenue of Fund by Local Board

Sec. 4. (a) The local board shall ensure and confirm that:
(1) all amounts specified in this chapter to be applied to the 1953 fund, from any sources, are collected and applied to the fund;
(2) the various sums to be deducted from the salaries of the police officers concerned are deducted and are paid into the 1953 fund;
(3) the various sums to be contributed by the police special service district are so contributed and are received into the 1953 fund;
(4) any revenue in form of interest upon money invested or upon money due to the 1953 fund is received and placed into the fund; and
(5) all other money that should accrue to the 1953 fund is collected and paid into it.
(b) The local board shall have an audit of the accounts of the 1953 fund done at least once each biennium, by a person or persons competent to perform the audit, if the state board of accounts fails to examine the affairs of the fund during the period.
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) › 36-8-7.5-5. Applications to Local Board for Annuities, Pensions, and Benefits

Sec. 5. (a) The local board shall consider and pass upon all applications for annuities, pensions, and benefits.
(b) The local board shall authorize the payment of any annuity, pension, or benefit, whether granted under this chapter or under any other statute superseded by this chapter.
(c) The local board may inquire into the validity of any grant of annuity, pension, or benefit paid from or payable out of the 1953 fund, whether the grant has been or is made in accordance with this chapter or with a statute in effect before February 25, 1953.
(d) The local board may effect an increase, decrease, or suspension of any grant payable from the 1953 fund whenever the grant or any part was secured or granted, or the amount fixed, as a result of misrepresentation, fraud, or error. However, a grant may not be reduced or suspended until the grantee concerned is:
(1) notified of the proposed action; and
(2) given an opportunity to be heard concerning the proposed action.
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) › 36-8-7.5-6. Annual Report of Local Board

Sec. 6. The local board shall submit a report in the month of June of each year to the city legislative body. The report shall be made as of the close of business on December 31 of the preceding year and must contain a detailed statement of the affairs of the 1953 fund under the control of the local board. The report must show the income and disbursements of, and the assets and liabilities of each fund established and maintained within the 1953 fund during the preceding year.
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) › 36-8-7.5-7. Employees of Local Board; Compensation

Sec. 7. The local board shall appoint the actuarial, medical, clerical, legal, or other employees as are necessary, and fix or approve the compensation of each of them, which shall be paid by the treasurer.
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) › 36-8-7.5-8. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-14. Repealed

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.363-1983, SEC.2; P.L.364-1983, SEC.5. Repealed by P.L.50-1984, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7.5. 1953 Police Pension Fund (Indianapolis) › 36-8-7.5-15. 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.
2023 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.
2023 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.