2023 Indiana Code › Title 36. Local Government › Article 1.5. Government Modernization › Chapter 4. Reorganization by Referendum › 36-1.5-4-41. Pension Fund Membership

Sec. 41. (a) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter or a police officer by a political subdivision that is reorganized under this article;
(2) who is a member of the 1977 fund before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the fire department, police department, or county police department of the reorganized political subdivision;
remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter or police officer shall receive credit for any service as a member of the 1977 fund before the reorganization to determine the firefighter's or police officer's eligibility for benefits under IC 36-8-8.
(b) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter by a political subdivision that is reorganized under this article;
(2) who is a member of the 1937 fund before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the fire department of the reorganized political subdivision;
remains a member of the 1937 fund. The firefighter shall receive credit for any service as a member of the 1937 fund before the reorganization to determine the firefighter's eligibility for benefits under IC 36-8-7.
(c) Notwithstanding any other law, an individual:
(1) who is employed as a member of a county police department by a political subdivision that is reorganized under this article;
(2) who is a member of the sheriff's pension trust before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes a law enforcement officer of the reorganized political subdivision;
remains a member of the sheriff's pension trust. The individual shall receive credit for any service as a member of the sheriff's pension trust before the reorganization to determine the individual's eligibility for benefits under IC 36-8-10.
(d) Notwithstanding any other law, an individual:
(1) who is employed as a police officer by a political subdivision that is reorganized under this article;
(2) who is a member of the 1925 fund or 1953 fund before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the police department or county police department of the reorganized political subdivision;
remains a member of the 1925 fund or 1953 fund. The police officer shall receive credit for any service as a member of the 1925 fund or 1953 fund before the reorganization to determine the police officer's eligibility for benefits under IC 36-8-6 or IC 36-8-7.5.
(e) Notwithstanding any other law, an individual:
(1) who is employed by a political subdivision that is reorganized under this article;
(2) who is a member of the pre-1996 account (as defined in IC 5-10.4-1-12) before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the reorganized political subdivision in a position that qualifies the individual for service credit in the Indiana state teachers' retirement fund;
remains a member of the pre-1996 account.
As added by P.L.186-2006, SEC.4. Amended by P.L.2-2007, SEC.383.