reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 11.5 of this chapter by P.L.228-1991 applies only to county police officers and jail employees who suffer an injury or contract an illness after June 30, 1991.
(2) The amendments made to section 12 of this chapter by P.L.40-1997 apply only to monthly benefits paid after June 30, 1997, unless the fiscal body determines that section 12 of this chapter, as amended by P.L.40-1997, applies to earlier monthly benefits as determined by the fiscal body.
(3) The amendments made to section 12.2 of this chapter by P.L.51-2006 apply to an employee beneficiary of a county retirement plan established under section 12 of this chapter who dies in the line of duty after December 31, 2005.
As added by P.L.220-2011, SEC.672.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-0.3. Legalization of Certain County Fiscal Body Actions Taken Before July 1, 1994

Sec. 0.3. A county fiscal body action taken before July 1, 1994, to directly appropriate money from the appropriate source to a sheriff's pension trust plan is legalized and validated to the same extent as if P.L.152-1994 had been enacted.
As added by P.L.220-2011, SEC.673.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to the sheriff's merit board established under this chapter.
"Department" refers to the sheriff's department of a county.
"Eligible employee" means the sheriff of a county or a county police officer.
"Employee beneficiary" means an eligible employee who has completed an application to become an employee beneficiary and who has had the proper deductions made from the eligible employee's wages as required in the pension trust agreement.
"Net amount paid into the trust fund from wages of an employee beneficiary" means the amount of money actually paid in from the wages of the employee beneficiary, plus interest at the rate of three percent (3%) compounded annually and less a sum including interest at the same rate, paid from the trust fund to the employee beneficiary or to a governmental fund for the credit or benefit of the employee beneficiary.
"Pension engineers" means technical consultants qualified to supervise and assist in the establishment, maintenance, and operation of a pension trust on an actuarially sound basis.
"Trust fund" means the assets of the pension trust and consists of voluntary contributions from the department, money paid from the wages of employee beneficiaries, and other payments or contributions made to the pension trust, including the income and proceeds derived from the investment of them.
"Trustee" refers to the trustee of the pension trust, who may be one (1) or more corporate trustees or the treasurer of the county serving under bond.
[Pre-Local Government Recodification Citation: 17-3-14-10 part.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.127-2017, SEC.262.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-3. Sheriff's Merit Board

Sec. 3. (a) The fiscal body of each county shall, by ordinance, establish a sheriff's merit board to be known as the _________________________ county sheriff's merit board (inserting the name of the county).
(b) The board consists of five (5) members. Three (3) members shall be appointed by the sheriff, and two (2) members shall be elected by a majority vote of the members of the county police force under procedures established by the sheriff's merit board. However:
(1) an active county police officer;
(2) a relative (as defined in IC 36-1-20.2-8) of an active county police officer; or
(3) a relative (as defined in IC 36-1-20.2-8) of the sheriff;
may not serve on the board, either as a member appointed by the sheriff or elected by the county police force. Appointments are for terms of four (4) years or for the remainder of an unexpired term. Not more than two (2) of the members appointed by the sheriff nor more than one (1) of the members elected by the officers may belong to the same political party. All members must reside in the county. All members serve during their respective terms and until their successors have been appointed and qualified. A member may be removed for cause duly adjudicated by declaratory judgment of the circuit court, superior court, or probate court of the county.
(c) As compensation for service, each member of the board is entitled to receive from the county a minimum of fifteen dollars ($15) per day for each day, or fraction of a day, that the member is engaged in transacting the business of the board.
(d) As soon as practicable after the members of the board have been appointed, they shall meet upon the call of the sheriff and organize by electing a president and a secretary from among their membership. Three (3) members of the board constitute a quorum for the transaction of business. The board shall hold regular monthly meetings throughout the year as is necessary to transact the business of the sheriff's department.
[Pre-Local Government Recodification Citations: subsection (a) formerly 17-3-14-1 part; subsections (b), (c) formerly 17-3-14-2.]
As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1981, P.L.315, SEC.7; P.L.310-1989, SEC.2; P.L.184-2015, SEC.18; P.L.84-2016, SEC.182.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-4. County Police Force; Creation; Membership; Budget and Salaries

Sec. 4. (a) A county police force is established in each county. The members are employees of the county, and the sheriff of the county shall assign their duties according to law.
(b) The expenses of the county police force are a part of the sheriff's department budget. The board may recommend the number and salary of the personnel, but the county fiscal body shall determine the budget and salaries.
(c) The county shall furnish to the sheriff and the sheriff's full-time paid county police officers the uniforms or other clothing they need to perform their duties. However, after one (1) year of service in the sheriff's department, a sheriff or county police officer may be required by the county to furnish and maintain the sheriff's or county police officer's own uniform clothing upon payment to the sheriff or county police officer by the county of an annual cash allowance of at least two hundred dollars ($200).
[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 17-3-14-3; subsection (c) formerly 17-3-11-2.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.131-1983, SEC.13; P.L.127-2017, SEC.263.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-4.5. Body Armor

Sec. 4.5. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a county shall provide an active member of the department with body armor for the torso. The county shall replace the body armor for the torso according to the replacement period recommended by the manufacturer of the body armor for the torso.
(c) An active member of the department shall not be required to maintain the body armor for the torso furnished under this section from any annual cash allowance paid to the member under section 4(c) of this chapter.
(d) Body armor for the torso provided by a county under this section remains the property of the county. The county may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the county.
As added by P.L.34-2010, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-5. Prison Matron; Appointment; Powers and Duties

Sec. 5. (a) Each sheriff shall appoint a prison matron for the county. The sheriff shall set the qualifications for that position. Except as provided in subsection (b), the sheriff has complete hiring authority over the position of prison matron.
(b) A prison matron who was a county police officer appointed under section 10(b) of this chapter immediately before being hired as prison matron is entitled to the discipline and removal procedures under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the person held before being hired as prison matron; or
(2) removal from the department.
(c) The sheriff may employ assistant prison matrons if necessary.
(d) The prison matron or the prison matron's assistants shall receive, search, and care for all female prisoners and all boys under fourteen (14) years of age who are committed to or detained in the county jail, municipal lockup, or other detention center in the county.
(e) The prison matron and assistant matrons:
(1) are members of the department;
(2) have the powers and duties of members of the department; and
(3) are entitled to the same salary that other members of the department of the same rank, grade, or position are paid.
[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 17-3-6.3-1; subsection (c) formerly 17-3-6.3-2; subsection (d) formerly 17-3-6.3-3.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.237-1996, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-5.5. Chief Deputy

Sec. 5.5. (a) Except as provided in subsection (b), the sheriff has complete hiring authority over the position of chief deputy.
(b) A chief deputy who was a county police officer appointed under section 10(b) of this chapter immediately before being hired as chief deputy is entitled to the discipline and removal procedures under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the person held before being hired as chief deputy; or
(2) removal from the department.
As added by P.L.237-1996, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-6. Emergencies; Appointment of Additional Deputies and Assistants

Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or assistants if an emergency arises that requires them for:
(1) promoting public safety and conserving the peace;
(2) repressing, preventing, and detecting crime; and
(3) apprehending criminals.
(b) The county executive shall determine the number and salaries of deputy sheriffs or assistants to be appointed in an emergency. The executive shall provide compensation and necessary expenses for them from the general fund of the county without a specific appropriation. Expenses shall be paid after the appointed persons file sworn vouchers with the executive detailing their expenses.
(c) The deputies or assistants have the same powers that sheriffs have under statute.
(d) The deputy sheriffs or assistants must have been bona fide residents of the county for at least one (1) year before their appointment. This subsection does not apply to a county having a consolidated city.
(e) When the emergency ends, the county executive may reduce the number of deputy sheriffs or assistants to the number that the circumstances require for the public welfare.
[Pre-Local Government Recodification Citation: 17-3-6-1.]
As added by Acts 1981, P.L.309, SEC.61.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-8. Reinstatement of Sheriff Following Expiration of Term of Office

Sec. 8. A member of the department who becomes sheriff either by election or by appointment shall, upon the expiration of the member's term as sheriff, and upon the member's written application, be appointed by the board to the rank in the department that the member held at the time of the member's election or appointment as sheriff, if there is a vacancy in the department. However, if the member during the member's tenure of office as sheriff has qualified in accordance with the promotion procedure prescribed by the board in its rules for a rank in the department that is higher than the rank the member previously held, the board shall, upon the expiration of the member's term as sheriff, appoint the member to the rank for which the member has qualified under the promotion procedure if there is a vacancy in that rank.
[Pre-Local Government Recodification Citation: 17-3-14-4.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.127-2017, SEC.264.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-9. Powers and Duties of Members of Department; Refusal to Be Photographed or Fingerprinted, Withholding Information, Providing False Information; Misdemeanor

Sec. 9. (a) Each member of the department:
(1) has general police powers;
(2) shall arrest, without process, all persons who commit an offense within the member's view, take them before the court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;
(3) shall suppress all breaches of the peace within the member's knowledge, with authority to call to the member's aid the power of the county;
(4) shall pursue and commit to the jail of the county all felons;
(5) may execute all process directed to the sheriff by legal authority;
(6) shall attend upon and preserve order in all courts of the county;
(7) shall guard prisoners in the county jail;
(8) shall serve all process directed to the sheriff from a court or from the county executive according to law; and
(9) shall take photographs, fingerprints, and other identification data as shall be prescribed by the sheriff of persons taken into custody for felonies or misdemeanors.
(b) A person who:
(1) refuses to be photographed;
(2) refuses to be fingerprinted;
(3) withholds information; or
(4) gives false information;
as prescribed in subsection (a)(9), commits a Class C misdemeanor.
[Pre-Local Government Recodification Citation: 17-3-14-5.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.344-1983, SEC.2; P.L.127-2017, SEC.265.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-10. Police Officers; Classification of Ranks, Grades, and Positions; Appointments

Sec. 10. (a) Except for the position of chief deputy, the position of prison matron, and in a county with a population of more than fifty thousand (50,000), temporary administrative ranks or positions established and appointed by the sheriff, the sheriff, with the approval of the board, shall establish a classification of ranks, grades, and positions for county police officers in the department. For each rank, grade, and position established, the sheriff, with the approval of the board, shall:
(1) set reasonable standards of qualifications; and
(2) fix the prerequisites of:
(A) training;
(B) education; and
(C) experience.
(b) The sheriff, with the approval of the board, shall devise and administer examinations designed to test applicants for the qualifications required for the respective ranks, grades, or positions. After these examinations, the sheriff and the board shall jointly prepare a list naming only those applicants who, in the opinion of both the sheriff and the board, best meet the prescribed standards and prerequisites. The sheriff appoints county police officers but only from among the persons whose names appear on this list. All county police officers appointed to the department under this chapter are on probation for a period of one (1) year from the date of appointment.
(c) In a county with a population of more than fifty thousand (50,000), the sheriff may:
(1) establish a temporary administrative rank or position within the county police department; and
(2) appoint a county police officer that has served as a county police officer for at least five (5) years to and remove a county police officer from a temporary administrative rank or position;
without the approval of the board. Any temporary administrative rank or position established pursuant to this section shall not diminish or reduce the number and classifications of the existing merit ranks within the county police department. A county police officer appointed under this subsection must have served as a county police officer in the county police department for at least five (5) years before the appointment. A county police officer retains the rank, grade, or position awarded under subsection (b) while serving in a temporary administrative rank or position. This subsection may not be construed to limit, modify, annul, or otherwise affect a collective bargaining agreement.
(d) In a county with a population of more than fifty thousand (50,000), the sheriff, with the approval of the board, shall establish written rules and regulations governing the discipline of county police officers. Rules and regulations established by a sheriff under this subsection must conform to the disciplinary procedure required by section 11 of this chapter.
[Pre-Local Government Recodification Citation: 17-3-14-6.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.131-1983, SEC.14; P.L.314-1989, SEC.1; P.L.237-1996, SEC.3; P.L.270-1999, SEC.1; P.L.14-2000, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-10.4. County Police Force; Preference for Employment

Sec. 10.4. (a) Subject to subsection (c), the board shall give a preference for employment according to the following priority:
(1) A war veteran who has been honorably discharged from the United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference for employment to any of the following:
(1) A member of another department laid off under section 11.1 of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(c) A person described in subsection (a) or (b) may not receive a preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department.
As added by P.L.95-2003, SEC.2. Amended by P.L.110-2010, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-10.5. Repealed

[Pre-Local Government Recodification Citations: 17-3-6-2.5; 17-3-15-1.]
As added by Acts 1981, P.L.11, SEC.168. Amended by Acts 1981, P.L.315, SEC.8; Acts 1982, P.L.216, SEC.1; P.L.131-1983, SEC.15. Repealed by P.L.311-1983, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-10.6. Special Deputies With Powers of Law Enforcement Officer; Appointment; Qualifications; Duties

Sec. 10.6. (a) The sheriff may appoint as a special deputy any person who is employed by a governmental entity as defined in IC 35-31.5-2-144 or private employer, the nature of which employment necessitates that the person have the powers of a law enforcement officer. During the term of the special deputy's appointment and while the special deputy is fulfilling the specific responsibilities for which the appointment is made, a special deputy has the powers, privileges, and duties of a county police officer under this chapter, subject to any written limitations and specific requirements imposed by the sheriff and signed by the special deputy. A special deputy is subject to the direction of the sheriff and shall obey the rules and orders of the department. A special deputy may be removed by the sheriff at any time, without notice and without assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education, and experience for special deputies, subject to the minimum requirements prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanor involving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance of their authorized duties.
(c) Except as provided in subsection (d), a special deputy shall wear a uniform the design and color of which is easily distinguishable from the uniforms of the Indiana state police, the regular county police force, and all municipal police and fire forces located in the county.
(d) The sheriff may permit a special deputy to wear the uniform of the regular county police force if the special deputy:
(1) has successfully completed the minimum basic training requirements under IC 5-2-1;
(2) is periodically assigned by the sheriff to duties of a regular county police officer; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear the uniform of the regular county police force at any time without cause or notice.
(e) The sheriff may also appoint one (1) legal deputy, who must be a member of the Indiana bar. The legal deputy does not have police powers. The legal deputy may continue to practice law. However, neither the legal deputy nor any attorney in partnership with the legal deputy may represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the county jail:
(1) in counties not having a consolidated city, may appoint special deputies to serve as county jail guards; and
(2) in counties having a consolidated city, shall appoint only special deputies to serve as county jail guards.
This subsection does not affect the rights or liabilities accrued by any county police officer assigned to guard the jail before August 31, 1982.
As added by P.L.311-1983, SEC.45. Amended by P.L.48-1987, SEC.2; P.L.114-2012, SEC.149.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-11.1. Reinstatement Following Layoffs

Sec. 11.1. (a) As used in this section, "appointing authority" means the sheriff and the board.
(b) If it is necessary for the appointing authority to reduce the number of members of the department by layoff for financial reasons, the last member appointed to the department must be the first to be laid off. Additional members must be laid off in reverse hiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of the department who have been laid off under this section must be reinstated before any new member is appointed to the department. The last member to be laid off from the department must be the first to be reinstated. Additional members must be reinstated in reverse of the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority advised of the member's current address. The appointing authority shall inform a member of the member's reinstatement by written notice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice of reinstatement is sent under subsection (d), the member must advise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified in the notice.
(f) All reinstatement rights granted to a member under this section terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the time specified in subsection (e); or
(2) five (5) years after the date on which a member's layoff begins.
As added by P.L.270-1999, SEC.2. Amended by P.L.56-2010, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-11.5. "Care" Defined; Payments for Care

Sec. 11.5. (a) As used in this section, "care" includes:
(1) medical and surgical care;
(2) medicines and laboratory, curative, and palliative agents and means;
(3) X-ray, diagnostic, and therapeutic service, including service during the recovery period; and
(4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(b) After deducting expenditures paid by an insurance or worker's compensation program, a county shall pay for the care of the following persons:
(1) A county police officer who:
(A) suffers an injury; or
(B) contracts an illness;
while the officer is on duty or while the officer is off duty and is responding to an offense or a reported offense.
(2) A jail employee who:
(A) suffers an injury; or
(B) contracts an illness;
while the employee is on duty.
(c) Expenditures required by subsection (b) shall be paid from the general fund of the county.
As added by P.L.228-1991, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-12.1. Maximum Monthly Pension

Sec. 12.1. (a) This section applies to an employee beneficiary who:
(1) retires after June 30, 1997; and
(2) served in a county that has adopted an ordinance stating that the maximum monthly pension for an employee beneficiary who retires after June 30, 1997, shall be determined under this section instead of section 12(j) of this chapter.
(b) As used in this section, "average monthly wage" means the lesser of:
(1) the average monthly wage received by the employee beneficiary during the highest paid three (3) years before retirement; or
(2) the monthly minimum salary that a full-time prosecuting attorney is entitled to be paid by the state at the time the employee beneficiary retires.
(c) Except as provided in subsection (d), an employee beneficiary's monthly pension may not exceed twenty dollars ($20) plus one-half (1/2) the amount of the average monthly wage.
(d) The fiscal body of a county may approve an increase in the maximum monthly pension for an employee beneficiary. The maximum monthly pension may:
(1) be increased by one percent (1%) of the average monthly wage for each six (6) months of service after twenty (20) years; and
(2) not exceed seventy-four percent (74%) of the average monthly wage plus twenty dollars ($20).
As added by P.L.233-1997, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-12.6. Credit for Service Earned Before Establishment of Department Retirement Plan

Sec. 12.6. (a) This section applies to eligible employees of the departments of:
(1) Warren County, retirement plan effective January 1, 2008;
(2) Pike County, retirement plan effective January 1, 2010; and
(3) Perry County, retirement plan effective January 1, 2018;
who were employed by the respective department on the specified effective date of a retirement plan established under this chapter.
(b) An eligible employee to whom this section applies is granted service credit in the applicable retirement plan as of the effective date of the retirement plan for the eligible employee's service with the department before the effective date of the retirement plan to the extent that the eligible employee accrued service credit in the public employees' retirement fund for the eligible employee's service with the department as an eligible employee before the effective date of the retirement plan.
(c) If an eligible employee to whom this section applies accrued service credit with the public employees' retirement fund before the effective date of the retirement plan, the service credit in the public employees' retirement fund is waived as of the effective date of the retirement plan to the extent that the eligible employee accrued the service credit in the public employees' retirement fund for the eligible employee's service with the department as an eligible employee before the effective date of the retirement plan.
(d) IC 5-10.3-6-8, IC 5-10.3-6-8.2, IC 5-10.3-6-8.3 and any related provisions pertaining to withdrawing from or freezing of participation in the public employees' retirement fund do not apply to those eligible employees to whom this section applies.
As added by P.L.98-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-13. Pension Trust; Participation by Sheriff

Sec. 13. Except as provided in section 19 of this chapter, a sheriff may participate in the pension trust in the same manner as a county police officer. In addition, a sheriff who is not participating in the pension trust after the creation of the pension trust in the sheriff's county may make a payment to the pension trust in the amount of contributions the sheriff would have made had the sheriff been participating while a sheriff, plus interest at three percent (3%) compounded annually. The sheriff is entitled to credit for the years of service as a sheriff for all purposes of the pension trust if the sheriff makes this payment.
[Pre-Local Government Recodification Citation: 17-3-14-10.5.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.180-2007, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-14. Death Benefit Program

Sec. 14. (a) The department may establish and operate a death benefit program for the payment of death benefits to deceased employee beneficiaries. The department may provide these benefits by the creation of a reserve account, by obtaining group life insurance, or both. However, the department may not establish or modify a death benefit program after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any death benefits set forth in any death benefit program that was in effect on January 1, 1989.
(b) Benefits payable under a group life insurance policy established under subsection (a) must be in reasonable amounts. Benefits payable from a reserve account established under subsection (a) may not exceed twenty-five thousand dollars ($25,000).
[Pre-Local Government Recodification Citation: 17-3-14-12.]
As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1981, P.L.48, SEC.3; P.L.313-1989, SEC.5; P.L.168-1990, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-15. Disability Benefit Program

Sec. 15. (a) The department may establish and operate a disability benefit program for the payment of disability expense reimbursement and pensions to employee beneficiaries with a disability. The department may provide these benefits by the creation of a reserve account, by obtaining disability insurance coverage, or both. However, the department may not establish or modify a disability benefit program after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any disability benefits set forth in any disability program that was in effect on January 1, 1989.
(b) Benefits payable as a result of line of duty activities, including a disability presumed incurred in the line of duty under IC 5-10-13, must be in reasonable amounts. Monthly benefits payable as a result of other activities may not exceed the amount of pension to which that employee beneficiary employed until normal retirement age would have been entitled.
[Pre-Local Government Recodification Citation: 17-3-14-13.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989, SEC.6; P.L.185-2002, SEC.13; P.L.99-2007, SEC.221; P.L.1-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-16. Dependent's Pension Benefit; Establishment and Operation; Maximum Monthly Pension Payable; Eligibility

Sec. 16. (a) The department may establish and operate a dependent's pension benefit for the payment of pensions to dependent parents, surviving spouses, and dependent children under eighteen (18) years of age of former employee beneficiaries. The department may provide these benefits by the creation of a reserve account, by obtaining appropriate insurance coverage, or both. However, the department may not establish or modify a dependent's pension benefit after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any dependent's pension benefits that were in effect on January 1, 1989.
(b) This subsection applies to survivors of employee beneficiaries who:
(1) died before January 1, 1990; and
(2) were covered by a benefit plan established under this section.
The maximum monthly pension payable to dependent parents or surviving spouses may not exceed two hundred dollars ($200) per month during the parent's or the spouse's lifetime if the spouse did not remarry before September 1, 1984. If the surviving spouse remarried before September 1, 1984, benefits ceased on the date of remarriage. The maximum monthly pension payable to dependent children is thirty dollars ($30) per child and ceases with the last payment before attaining eighteen (18) years of age.
(c) This subsection applies to survivors of employee beneficiaries who:
(1) died after December 31, 1989; and
(2) were covered by a benefit plan established under this section.
The monthly pension payable to dependent parents or surviving spouses must be not less than two hundred dollars ($200) for each month during the parent's or the spouse's lifetime. The monthly pension payable to each dependent child must be not less than thirty dollars ($30) for each child and ceases with the last payment before attaining eighteen (18) years of age.
(d) The county fiscal body may by ordinance provide an increase in the monthly pension of survivors of employee beneficiaries who die before January 1, 1990. However, the monthly pension that is provided under this subsection may not exceed the monthly pension that is provided to survivors whose monthly pensions are determined under subsection (c).
(e) In order to be eligible for a benefit under this section, the surviving spouse of an employee beneficiary who dies after August 31, 1984, must have been married to the employee beneficiary at the time of the employee's retirement or death in service.
(f) In addition to, or instead of, a modification of a surviving spouse's monthly pension under this section, a county fiscal body may approve a cost of living payment to a surviving spouse under section 23 of this chapter.
[Pre-Local Government Recodification Citation: 17-3-14-14.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.203-1984, SEC.2; P.L.313-1989, SEC.7; P.L.314-1989, SEC.2; P.L.97-2005, SEC.2; P.L.42-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-16.3. Treatment of Certain Payments as Proper; Reinstatement of Monthly Pension of Certain Surviving Spouses

Sec. 16.3. (a) This section applies to a surviving spouse of an employee beneficiary who:
(1) died before July 1, 2005; and
(2) was a member of a retirement plan established under section 12 of this chapter.
(b) A monthly pension paid under section 16(c) of this chapter, before its amendment by P.L.97-2005, to a surviving spouse after the date the surviving spouse remarried and before July 1, 2005, shall be treated as properly paid.
(c) The monthly pension of a surviving spouse:
(1) who remarried after December 31, 1989; and
(2) whose monthly pension paid under section 16(c) of this chapter, before its amendment by P.L.97-2005, ceased on the date of remarriage;
shall be reinstated on July 1, 2005, under section 16 of this chapter, as amended by P.L.97-2005, and continue during the life of the surviving spouse.
As added by P.L.220-2011, SEC.674.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-16.5. Health Insurance for Surviving Spouse and Children

Sec. 16.5. (a) As used in this section, "dies in the line of duty" has the meaning set forth in IC 5-10-10-2.
(b) This section applies to the survivors of an eligible employee who dies in the line of duty.
(c) After December 31, 2003, the department that employed the eligible employee who died in the line of duty shall offer to provide and pay for health insurance coverage for the eligible employee's surviving spouse and for each natural child, stepchild, or adopted child of the eligible employee:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age, if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental disability;
whichever period is longest. If health insurance coverage is offered by the unit to an eligible employee, the health insurance provided to a surviving spouse or child under this subsection must be equal in coverage to that offered to an eligible employee. The offer to provide and pay for health insurance coverage shall remain open for as long as there is a surviving spouse or as long as a natural child, stepchild, or adopted child of the eligible employee is eligible for coverage under subdivision (1), (2), or (3).
As added by P.L.86-2003, SEC.10. Amended by P.L.97-2004, SEC.130.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-17. Police Benefit Fund

Sec. 17. (a) The death benefit, the disability benefit, and the dependents' pension may be operated as one (1) fund, known as the police benefit fund, under the terms of a supplementary trust agreement between the department and the trustee for the exclusive benefit of employee beneficiaries and their dependents.
(b) The trustee receives and holds as trustee for the uses and purposes set out in the supplementary trust agreement all money paid to it as trustee by the department or by other persons.
(c) The trustee may, under the terms of the supplementary trust agreement, pay the necessary premiums for insurance, pay benefits, or pay both as provided by this chapter.
(d) The trustee shall hold, invest, and reinvest the police benefit fund in investments that are permitted by statute for the investment of trust funds and other investments that are specifically designated in the supplementary trust agreement.
(e) Within ninety (90) days after the close of the fiscal year, the trustee, with the assistance of the pension engineers, shall prepare and file with the department a detailed annual report showing receipts, disbursements, and case histories, and making recommendations regarding the necessary contributions required to keep the program in operation. Contributions by the department shall be provided in the general appropriations to the department. However, these contributions are not required for plans established or modifications adopted after June 30, 1989, under sections 14 through 16 of this chapter unless the establishment or modification is approved by the county fiscal body.
[Pre-Local Government Recodification Citation: 17-3-14-15.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989, SEC.8; P.L.146-2015, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-18. Repealed

[Pre-Local Government Recodification Citation: 17-3-14-16.]
As added by Acts 1981, P.L.309, SEC.61. Repealed by P.L.185-1996, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-19. Restrictions on Alienation of Benefits; Fund Expenses; Payment of Insurance Premiums

Sec. 19. (a) Except as provided in subsection (c), a person entitled to an interest in or share of a pension or benefit from the trust funds may not, before the actual payment, anticipate it or sell, assign, pledge, mortgage, or otherwise dispose of or encumber it. In addition, the interest, share, pension, or benefit is not, before the actual payment, liable for the debts or liabilities of the person entitled to it, nor is it subject to attachment, garnishment, execution, levy, or sale on judicial proceedings, or transferable, voluntarily or involuntarily.
(b) The trustee may expend the sums from the fund that it considers proper for necessary expenses.
(c) This subsection does not apply to the sheriff of a county. Notwithstanding any other provision of this chapter, an employee beneficiary who is receiving a normal or disability monthly pension benefit under this chapter may, after June 30, 2007, authorize the trustee to pay a portion of the employee beneficiary's monthly pension benefit to an insurance provider for the purpose of paying a premium on a policy of insurance for accident, health, or long term care coverage for:
(1) the employee beneficiary;
(2) the employee beneficiary's spouse; or
(3) the employee beneficiary's dependents (as defined in Section 152 of the Internal Revenue Code).
[Pre-Local Government Recodification Citation: 17-3-14-17.]
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.180-2007, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-20. Repealed

[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-1-11-1; subsection (c) formerly 19-1-11-2; subsection (d) formerly 4-26-3-19(a) part.]
As added by Acts 1981, P.L.309, SEC.61. Repealed by P.L.22-1984, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-20.1. County Sheriffs' Standard Vehicle Marking and Uniform Commission; Establishment; Adoption of Rules; Limitation of Authority

Sec. 20.1. (a) A county sheriffs' standard vehicle marking and uniform commission is established. The commission consists of three (3) members, not more than two (2) of whom may be of the same political party. Members of the commission shall be appointed by the governor for four (4) year terms. Each member must be an elected and acting county sheriff. The governor shall fill a vacancy on the commission for the unexpired term. Members serve without compensation.
(b) The commission shall, by rules adopted under IC 4-22-2, establish the following for sheriffs and their full-time paid deputies:
(1) A uniform of standard design and color.
(2) A standard design and color of vehicle marking for all county owned vehicles used by the sheriff's department.
The rules adopted under this subsection must provide exceptions for unmarked cars and plainclothes deputies.
(c) All vehicles and uniforms purchased after the effective date of the rules adopted under subsection (b) must meet the standards established by the rules. The commission's authority is limited to establishing standards for:
(1) uniforms worn by county sheriffs and their full-time paid deputies; and
(2) vehicles used by the sheriff's department.
As added by P.L.224-1986, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-21. Application to Certain Counties; Jail Commissary Fund; Disposition of Money From Commissary Sales; Record of Receipts and Disbursements

Sec. 21. (a) This section applies to any county that has a jail commissary that sells merchandise to inmates.
(b) A jail commissary fund is established, referred to in this section as "the fund". The fund is separate from the general fund, and money in the fund does not revert to the general fund.
(c) The sheriff, or the sheriff's designee, shall deposit all money from commissary sales into the fund, which the sheriff or the sheriff's designee shall keep in a depository designated under IC 5-13-8.
(d) The sheriff, or the sheriff's designee, at the sheriff's or the sheriff's designee's discretion and without appropriation by the county fiscal body, may disburse money from the fund for:
(1) merchandise for resale to inmates through the commissary;
(2) expenses of operating the commissary, including, but not limited to, facilities and personnel;
(3) special training in law enforcement for employees of the sheriff's department;
(4) equipment installed in the county jail;
(5) equipment, including vehicles and computers, computer software, communication devices, office machinery and furnishings, cameras and photographic equipment, animals, animal training, holding and feeding equipment and supplies, or attire used by an employee of the sheriff's department in the course of the employee's official duties;
(6) an activity provided to maintain order and discipline among the inmates of the county jail;
(7) an activity or program of the sheriff's department intended to reduce or prevent occurrences of criminal activity, including the following:
(A) Substance abuse.
(B) Child abuse.
(C) Domestic violence.
(D) Drinking and driving.
(E) Juvenile delinquency;
(8) expenses related to the establishment, operation, or maintenance of the sex and violent offender registry web site under IC 36-2-13-5.5; or
(9) any other purpose that benefits the sheriff's department that is mutually agreed upon by the county fiscal body and the county sheriff.
Money disbursed from the fund under this subsection must be supplemental or in addition to, rather than a replacement for, regular appropriations made to carry out the purposes listed in subdivisions (1) through (8).
(e) The sheriff shall maintain a record of the fund's receipts and disbursements. The state board of accounts shall prescribe the form for this record. The sheriff shall semiannually provide a copy of this record of receipts and disbursements to the county fiscal body. The semiannual reports are due on July 1 and December 31 of each year.
As added by Acts 1981, P.L.48, SEC.4. Amended by P.L.395-1987(ss), SEC.1; P.L.19-1987, SEC.51; P.L.80-2000, SEC.1; P.L.116-2002, SEC.28; P.L.216-2007, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10. Sheriff's Department; Merit Board; Pensions › 36-8-10-22. County Operating Jail; Inmate Money to Be Held in Trust; Disbursements From Trust; Payment Upon Discharge or Release of Inmate; Payment for Inmate Destruction or Loss of Property; Records

Sec. 22. (a) This section applies to any county that operates a county jail.
(b) The sheriff shall hold in trust separately for each inmate any money received from that inmate or from another person on behalf of that inmate.
(c) If the inmate or the inmate's legal guardian requests a disbursement from the inmate's trust fund, the sheriff may make a disbursement for the personal benefit of the inmate, including but not limited to a disbursement to the county jail commissary.
(d) Upon discharge or release of an inmate from the county jail, the sheriff shall pay to that inmate or the inmate's legal guardian any balance remaining in the inmate's trust fund.
(e) If an inmate is found guilty of intentionally destroying or losing county property after a hearing conducted under IC 11-11-5-5, the sheriff may disburse from the inmate's trust fund or commissary account sums of money as reimbursement to the county for the inmate's intentional destruction or loss of county property, including but not limited to clothing, bedding, and other nondisposable items issued by the county to the inmate. Before disbursing money under this subsection, the sheriff shall adopt rules to administer this procedure.
(f) The sheriff shall maintain a record of each trust fund's receipts and disbursements. The state board of accounts shall prescribe the form for this record.
As added by Acts 1981, P.L.48, SEC.5. Amended by P.L.72-1994, SEC.2; P.L.80-2000, SEC.2; P.L.127-2017, SEC.266.