reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-14.2. Public Safety Officers Survivors' Health Coverage Cumulative Fund

Sec. 14.2. (a) This section applies to every unit that is an employer of one (1) or more individuals who are active members of the 1977 fund.
(b) As used in this section, "survivor" means:
(1) a surviving spouse of a deceased member of the 1977 fund; or
(2) a surviving natural child, stepchild, or adopted child of a deceased member of the 1977 fund;
who is entitled to health insurance coverage under section 14.1(h) of this chapter.
(c) If a unit is obligated under section 14.1(h) of this chapter to pay for health insurance coverage for one (1) or more survivors of a deceased member of the 1977 fund who died in the line of duty, the legislative body of the unit may establish a public safety officer survivors' health coverage cumulative fund under this section to pay for health coverage under section 14.1(h) of this chapter.
(d) The fiscal body of a unit may provide money for a public safety officer survivors' health coverage cumulative fund established under subsection (c) by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the unit.
(e) The property tax rate that may be imposed under this section for property taxes first due and payable during a particular year may not exceed the rate necessary to pay the annual cost of the health coverage that the unit is obligated to pay under section 14.1(h) of this chapter. The unit shall provide any documentation requested by the department of local government finance that is necessary to certify the rate adopted by the unit. The unit's maximum permissible ad valorem property tax levy determined under IC 6-1.1-18.5-3 excludes the property tax levied under this section. The property tax rate imposed under this section is exempt from the adjustment under IC 6-1.1-18-12.
(f) The tax money collected under this section shall be held in a special fund to be known as the public safety officer survivors' health coverage cumulative fund.
(g) In a consolidated city, money may be transferred from the public safety officer survivors' health coverage cumulative fund to the fund of a department of the consolidated city responsible for carrying out a purpose for which the public safety officer survivors' health coverage cumulative fund was created. The department may not expend any money transferred under this subsection until an appropriation is made, and the department may not expend any money transferred under this subsection for operating costs of the department.
As added by P.L.159-2020, SEC.83. Amended by P.L.174-2022, SEC.76.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-15. Cost of Living Adjustment

Sec. 15. Each year the system board shall determine if there has been an increase or decrease in the consumer price index (United States city average) prepared by the United States Department of Labor by comparing the arithmetic mean of the consumer price index for January, February, and March of that year with the arithmetic mean for the same three (3) months of the preceding year. If there has been an increase, or a decrease, it shall be stated as a percentage of the arithmetic mean for the preceding three (3) month period. The percentage shall be rounded to the nearest one-tenth of one percent (0.1%) and may not exceed three percent (3%). If there is a percentage increase of the arithmetic mean for the preceding three (3) month period, a fund member's or survivor's monthly benefit, beginning with the July payment, shall be increased by an amount equal to the June payment times the percentage increase. However, a fund member's or survivor's monthly benefit may not be increased under this section until July of the year following the year of the first monthly benefit payment to the fund member or survivor. In computing a fund member's benefit, the increase is based only on those years for which the fund member was eligible for benefit payments under this chapter. A monthly benefit may not be reduced if there is a percentage decrease of the arithmetic mean for the preceding three (3) month period.
[Pre-Local Government Recodification Citations: 19-1-17.8-13; 19-1-36.5-13.]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.99-2010, SEC.13; P.L.35-2012, SEC.134.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-16. Lump Sum Death Benefit

Sec. 16. (a) Benefits paid under this section are subject to section 2.5 of this chapter.
(b) The heirs or estate of a fund member is entitled to receive at least twelve thousand dollars ($12,000) upon the fund member's death.
[Pre-Local Government Recodification Citations: 19-1-17.8-14; 19-1-36.5-14.]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.200-1984, SEC.6; P.L.55-1989, SEC.65; P.L.311-1989, SEC.15; P.L.169-1994, SEC.5; P.L.49-1998, SEC.8; P.L.28-2008, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-17. Benefits Exempt From Judicial Process; Reimbursement of Employers; Withholding Payments; Transfer Prohibited; Rollover to Eligible Retirement Plan

Sec. 17. (a) The benefits of this chapter are exempt from attachment and garnishment and may not be seized, taken, or levied upon by any execution or process. However, a fund member's contributions or benefits, or both, may be transferred to reimburse the fund member's employer for loss resulting from the fund member's criminal taking of the employer's property by the system board if the system board receives adequate proof of the loss. The loss resulting from the fund 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.
(b) The system board may withhold payment of a fund member's contributions and interest if the employer of the fund member notifies the board that felony or misdemeanor charges accusing the participant of the criminal taking of the employer's property have been filed.
(c) The system board may withhold payment of a fund member's contributions and interest under subsection (b) until the final resolution of the criminal charges.
(d) Subsections (b) and (c) do not apply to the:
(1) retirement benefit of a retired fund member; or
(2) disability benefit of a fund member who becomes disabled.
(e) Except as provided in subsection (f) and section 17.2 of this chapter, a person receiving a benefit under this chapter may not transfer, assign, or sell the benefit.
(f) 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 1977 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.
[Pre-Local Government Recodification Citations: 19-1-17.8-15; 19-1-36.5-15.]
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.10-1993, SEC.19; P.L.183-2003, SEC.2; P.L.203-2019, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-17.2. Voluntary Benefit Deductions

Sec. 17.2. (a) Notwithstanding any other provision of this chapter, a person receiving a disability, retirement, or survivor monthly benefit under this chapter may, after June 30, 2004, authorize the system board to make a deduction from the benefit.
(b) An authorization for a deduction from a disability, retirement, or survivor monthly benefit paid under this chapter is valid only if all the following requirements are met:
(1) The authorization is:
(A) in writing;
(B) signed personally by the person receiving the benefit;
(C) revocable at any time by the person receiving the benefit upon written notice to the system board; and
(D) agreed to in writing by the system board.
(2) An executed copy of the authorization is delivered to the system board within ten (10) days after its execution.
(3) The deduction is made for a purpose described in subsection (c).
(c) A deduction under this section may be made for the purpose of paying any of the following:
(1) A premium on a policy of insurance for medical, surgical, hospitalization, dental, vision, long term care, or Medicare supplement coverage offered to retired fund members by the fund member's former employer, the state, or the system board.
(2) Dues payable by the person receiving the benefit to a labor organization of which the person is a member.
As added by P.L.183-2003, SEC.3. Amended by P.L.35-2012, SEC.135; P.L.179-2018, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-18.1. Members Electing to Transfer or Being Transferred to 1977 Fund From Perf

Sec. 18.1. (a) As used in this section, "police officer" includes a former full-time, fully paid:
(1) town marshal;
(2) deputy town marshal;
(3) conservancy district marshal; or
(4) deputy conservancy district marshal;
who is employed as a police officer by a metropolitan board of police commissioners.
(b) If a unit or an airport authority becomes a participant in the 1977 fund and the unit or the airport authority previously covered police officers, firefighters, or emergency medical technicians in PERF, or if the employees of the unit become members of the 1977 fund under section 7(g) of this chapter, the following provisions apply:
(1) A minimum benefit applies to members electing to transfer or being transferred to the 1977 fund from PERF. The minimum benefit, payable at age fifty-two (52), for such a member equals the actuarial equivalent of the vested retirement benefit payable to the member upon normal retirement under IC 5-10.2-4-1 as of the day before the transfer, based solely on:
(A) creditable service;
(B) the average of the annual compensation; and
(C) the amount credited to the annuity savings account;
of the transferring member as of the day before the transfer under IC 5-10.2 and IC 5-10.3.
(2) The system board shall transfer from PERF to the 1977 fund the amount credited to the annuity savings accounts that is necessary for the purchase of service credit and the present value of benefits attributable to the transferring members.
(3) The amount the unit or the airport authority and the member must contribute to the 1977 fund under section 18 of this chapter, if any service credit is to be given under that section, will be reduced by the amounts transferred to the 1977 fund by the system board under subdivision (2).
(4) Credit for prior service in PERF of a member as a police officer, a firefighter, or an emergency medical technician is waived in PERF. Any credit for that service under the 1977 fund shall only be given in accordance with section 18 of this chapter.
(5) Credit for prior service in PERF of a member, other than as a police officer, a firefighter, or an emergency medical technician, remains in PERF and may not be credited under the 1977 fund.
As added by P.L.4-1990, SEC.20. Amended by P.L.1-1991, SEC.215; P.L.101-1998, SEC.3; P.L.13-2011, SEC.21; P.L.35-2012, SEC.137; P.L.27-2019, SEC.31; P.L.102-2023, SEC.11; P.L.122-2023, SEC.31; P.L.170-2023, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-20. Special Lump Sum Death Benefit in Addition to Other Benefits

Sec. 20. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 14.1 of this chapter.
(b) Benefits paid under this section are subject to section 2.5 of this chapter.
(c) 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.
(d) 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.4. Amended by P.L.55-1989, SEC.66; P.L.225-1991, SEC.4; P.L.53-1993, SEC.5; P.L.49-1998, SEC.10; P.L.35-2012, SEC.138; P.L.40-2017, SEC.22; P.L.99-2020, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-21. 1977 Fund Members; Age Limitation; Aptitude, Physical Agility, and Physical and Mental Standards; Credit for Prior Service

Sec. 21. (a) This section applies to:
(1) police officers and firefighters who are employed by units that become participants in the 1977 fund under section 3(c) of this chapter;
(2) police officers and firefighters who are employed by an airport authority that becomes a participant in the 1977 fund under section 3(e) of this chapter; or
(3) firefighters who become members of the 1977 fund under section 7(g) of this chapter.
(b) A police officer or firefighter may become a member of the 1977 fund without meeting the age limitation under section 7(a) of this chapter if the police officer or firefighter satisfies:
(1) any aptitude, physical agility, or physical and mental standards established by a local board under IC 36-8-3.2; and
(2) the minimum standards that are:
(A) adopted by the system board under section 19 of this chapter; and
(B) in effect on the date the police officer or firefighter becomes a member of the 1977 fund.
(c) Credit for prior service of a police officer or firefighter who becomes a member of the 1977 fund under this section shall be determined under section 18 or 18.1 of this chapter. No service credit beyond that allowed under section 18 or 18.1 of this chapter may be recognized under the 1977 fund.
As added by P.L.313-1989, SEC.3. Amended by P.L.4-1990, SEC.21; P.L.4-1992, SEC.53; P.L.35-2012, SEC.139; P.L.130-2015, SEC.4; P.L.102-2023, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-22. Selection of Administrative Law Judge

Sec. 22. Nothing in this chapter limits the discretion of the system board to select an administrative law judge under IC 4-21.5-3-9.
As added by P.L.311-1989, SEC.16. Amended by P.L.35-2012, SEC.140.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-23. Disability Retiree Supplemental Benefit

Sec. 23. (a) This section applies to a fund member who:
(1) after June 30, 2009, receives a benefit based on a determination that the member has a Class 1 or Class 2 impairment, regardless of whether the determination was made before, on, or after June 30, 2009; and
(2) before July 1, 2009, has not had the member's disability benefit recalculated under section 13.5 of this chapter.
(b) Upon becoming fifty-two (52) years of age, a fund member receiving a Class 1 impairment benefit or Class 2 impairment benefit under section 13.5(h)(2) of this chapter is entitled to receive a monthly supplemental benefit determined in STEP THREE of the following formula:
STEP ONE: Determine the greater of:
(A) the monthly retirement benefit payable to a fund member with twenty (20) years of service; or
(B) the monthly retirement benefit payable to a fund member with the total years of service (including both active service and the period, not to exceed twenty (20) years, during which the member received disability benefits) and salary, as of the year the fund member becomes fifty-two (52) years of age, that the fund member would have earned if the fund member had remained in active service until becoming fifty-two (52) years of age.
STEP TWO: Subtract from the amount determined under STEP ONE the amount of any monthly benefit determined under section 13.5 of this chapter that the fund member is entitled to receive for the remainder of the fund member's life.
STEP THREE: Determine the greater of the following:
(A) The remainder determined under STEP TWO.
(B) Zero (0).
(c) A monthly supplemental benefit determined under this section is payable for the remainder of the fund member's life.
As added by P.L.32-2009, SEC.3; P.L.34-2009, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund › 36-8-8-24. Beneficiary Designation

Sec. 24. (a) A fund member may designate one (1) or more beneficiaries to receive in a lump sum the fund member's contributions plus interest at a rate determined by the system board if the fund member dies:
(1) without receiving a retirement benefit under sections 10 and 11 of this chapter;
(2) without receiving a disability benefit under section 13.3 or 13.5 of this chapter;
(3) without a survivor entitled to receive a benefit under section 13.8, 13.9, or 14.1 of this chapter; and
(4) without the system board returning the fund member's contributions under section 8 of this chapter.
(b) A fund member who chooses to designate one (1) or more beneficiaries under this section shall file the fund member's designation with the system board on a form prescribed by the system board.
(c) The system board shall adopt rules to allow a fund member who designates more than one (1) beneficiary to allocate the contributions and interest paid in percentage increments.
(d) Whenever a fund member does not designate a beneficiary under this section and has no survivors entitled to receive a benefit under section 13.8, 13.9, or 14.1 of this chapter, the system board shall refund to the fund member's estate:
(1) the fund member's contributions; plus
(2) interest at a rate determined by the system board.
As added by P.L.23-2010, SEC.4; P.L.62-2010, SEC.4. Amended by P.L.35-2012, SEC.141.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-1. Application of Chapter

Sec. 1. This chapter applies to a 1977 fund member who receives a final determination of an impairment for a mental health illness under IC 36-8-8-13.1 after December 31, 2012.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-2. "Review Panel"

Sec. 2. As used in this chapter, "review panel" refers to a mental health disability review panel established under section 4 of this chapter.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-3. "System Board"

Sec. 3. As used in this chapter, "system board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-4. Review Panels Established; Selection; Compensation

Sec. 4. (a) This chapter provides for the establishment of mental health disability review panels to review impairment determinations in the case of a mental health disability.
(b) A mental health disability review panel consists of:
(1) one (1) psychologist licensed under IC 25-33-1-5.1;
(2) one (1) psychiatrist licensed as a physician under IC 25-22.5; and
(3) one (1) active or retired police officer or firefighter who is a member of the 1977 fund, depending on the profession of the fund member being evaluated.
(c) A mental health disability review panel shall be selected by the system board.
(d) Compensation shall be determined by the system board.
(e) A mental health disability review panel established under this chapter is not a governing body under IC 5-14-1.5-2(b).
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-5. Initial Determination of Impairment for Mental Illness; Two Year Provisional Period

Sec. 5. (a) The final determination of an impairment for a mental illness is provisional for two (2) years:
(1) for a final determination made after June 30, 2020, from the date of the final determination by the system board under IC 36-8-8-13.1; or
(2) for a final determination made after December 31, 2012, and before July 1, 2020, beginning July 1, 2020.
(b) During the initial two (2) year provisional period, the fund member shall be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician.
(c) The employer shall pay for the fund member's mental health care and treatment relating to the disability during the initial two (2) year provisional period.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-6. Confidential Evaluation by Review Panel

Sec. 6. (a) At the conclusion of the initial two (2) year provisional period described in section 5 of this chapter, a mental health disability review panel, as described in section 4 of this chapter, shall conduct a confidential evaluation of the fund member.
(b) The review panel:
(1) shall examine reports and records submitted by the fund member's treating physician, and any other mental health care provider seen by the fund member; and
(2) may consult with other medical authorities;
in conducting its confidential evaluation.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-7. Determination by Review Panel

Sec. 7. (a) If the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.
(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall begin an additional two (2) year provisional period from the date of the review panel's determination. The fund member shall continue to be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician.
(c) The employer shall continue to pay for the fund member's mental health care and treatment relating to the disability during the second two (2) year provisional period.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-8. Reevaluation by Review Panel

Sec. 8. At the conclusion of the fund member's second two (2) year provisional period, the review panel shall reevaluate the fund member. The review panel shall conduct its confidential reevaluation in the manner described in section 6(b) of this chapter.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-9. Determination by Review Panel After Second Evaluation

Sec. 9. (a) If, after the second evaluation, the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.
(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall be determined to have a permanent impairment.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.3. Impairment Determination for Mental Illness › 36-8-8.3-10. Suspension of Disability Benefits for Failure to Comply With Review Panel

Sec. 10. The system board may, during the provisional periods described in sections 5 and 7 of this chapter, suspend a member's disability benefit if the member fails to comply with reasonable requests by the review panel for information pursuant to its authority under this chapter.
As added by P.L.54-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 15 of this chapter during the 2020 regular session of the general assembly apply only to a member who:
(1) enters the DROP, before, on, or after June 30, 2020; and
(2) dies after June 30, 2020.
As added by P.L.145-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-1.5. Drop Expiration Date

Sec. 1.5. This chapter expires for members of the 1925 fund, the 1937 fund, or the 1953 fund on the date the authority of the board of trustees of the Indiana public retirement system to distribute from the pension relief fund established under IC 5-10.3-11-1 to units of local government (described in IC 5-10.3-11-3) amounts determined under IC 5-10.3-11-4.7 expires.
As added by P.L.51-2006, SEC.1. Amended by P.L.35-2012, SEC.142.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-2. Applicability

Sec. 2. Except as provided in section 1.5 of this chapter, this chapter applies to a person who is a member of any of the following funds:
(1) 1925 Police Pension Fund (IC 36-8-6) (referred to in this chapter as the 1925 fund).
(2) 1937 Firefighters' Pension Fund (IC 36-8-7) (referred to in this chapter as the 1937 fund).
(3) 1953 Police Pension Fund (Indianapolis) (IC 36-8-7.5) (referred to in this chapter as the 1953 fund).
(4) 1977 Police Officers' and Firefighters' Pension and Disability Fund (IC 36-8-8) (referred to in this chapter as the 1977 fund).
As added by P.L.62-2002, SEC.5. Amended by P.L.51-2006, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-3. "Applicable Fund"

Sec. 3. As used in this chapter, "applicable fund" means the following:
(1) For members of the 1925 fund, the 1925 fund.
(2) For members of the 1937 fund, the 1937 fund.
(3) For members of the 1953 fund, the 1953 fund.
(4) For members of the 1977 fund, the 1977 fund.
As added by P.L.62-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-7. "Drop Frozen Benefit"

Sec. 7. As used in this chapter, "DROP frozen benefit" means a member's monthly retirement benefit calculated under the provisions of the applicable fund and based on:
(1) the salary of a first class officer or firefighter that is in effect on the member's DROP entry date; and
(2) the member's years of service accrued on the member's DROP entry date.
As added by P.L.62-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-8. "Drop Retirement Date"

Sec. 8. As used in this chapter, "DROP retirement date" means the future retirement date selected by a member at the time the member makes a DROP election.
As added by P.L.62-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-9. Eligibility

Sec. 9. A member may make a DROP election as provided in this chapter only if the member is eligible to receive an unreduced benefit under the provisions of the applicable fund on the member's DROP entry date.
As added by P.L.62-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-10. Drop Election Requirements

Sec. 10. A member who elects to enter the DROP shall agree to the following:
(1) The member shall execute an irrevocable election to retire on the DROP retirement date and shall remain in active service until that date.
(2) While in the DROP, the member shall continue to make contributions to the applicable fund under the provisions of that fund.
(3) The member shall elect a DROP retirement date not less than twelve (12) months and not more than thirty-six (36) months after the member's DROP entry date.
(4) The member may not remain in the DROP after the date the member reaches any mandatory retirement age that may apply to the member.
(5) The member may make an election to enter the DROP only once in the member's lifetime.
As added by P.L.62-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-11. Employer Contributions

Sec. 11. The employer of a 1977 fund member who elects to enter the DROP shall continue to make the employer contributions to the 1977 fund on behalf of that member under the provisions of the 1977 fund.
As added by P.L.62-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-12. Calculation of Retirement Benefit

Sec. 12. (a) The retirement benefit for a member who enters the DROP and retires on:
(1) the member's DROP retirement date; or
(2) the date the member retires because of a disability as provided under section 16.5(d) of this chapter;
is determined under this chapter rather than under the provisions of the applicable fund.
(b) A member who retires on the member's DROP retirement date or on the date the member retires because of a disability as provided under section 16.5(d) of this chapter may elect to receive a retirement benefit in one of the following forms:
(1) A retirement benefit paid by and calculated under the provisions of the applicable fund as if the member had never entered the DROP.
(2) A retirement benefit paid by the applicable fund and consisting of:
(A) the DROP frozen benefit; plus
(B) an additional amount, paid as the member elects under subsection (c), calculated by multiplying:
(i) the amount of the DROP frozen benefit; by
(ii) the number of months that the member was in the DROP.
(c) A member who chooses the retirement benefit described in subdivision (b)(2) must elect to receive the additional amount described in subdivision (b)(2)(B) as:
(1) a lump sum paid on:
(A) the member's DROP retirement date; or
(B) the date the member retires because of a disability as provided under section 16.5(d) of this chapter; or
(2) three (3) equal annual payments:
(A) commencing on:
(i) the member's DROP retirement date; or
(ii) the date the member retires because of a disability as provided under section 16.5(d) of this chapter; and
(B) thereafter paid on the anniversary of:
(i) the member's DROP retirement date; or
(ii) the date the member retires because of a disability as provided under section 16.5(d) of this chapter.
(d) In calculating a member's retirement benefit under this chapter, the applicable fund must use the lesser of:
(1) the member's actual years of service; or
(2) thirty-two (32) years of service.
(e) Except as provided under section 16.5(d) of this chapter, the retirement benefits for a member who exits the DROP for any reason other than retirement on the member's DROP retirement date are calculated under the provisions of the applicable fund as if the member had never entered the DROP.
As added by P.L.62-2002, SEC.5. Amended by P.L.148-2007, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-13. Cost of Living Adjustment

Sec. 13. (a) A cost of living adjustment to the monthly benefit of a member of the 1925 fund, 1937 fund, or 1953 fund is determined in STEP FOUR of the following formula:
STEP ONE: Calculate a percentage by dividing:
(A) the amount of any increase in the salary of a first class officer or firefighter, whichever is applicable; by
(B) the prior year's salary of a first class officer or firefighter, whichever is applicable.
STEP TWO: Add:
(A) the member's DROP frozen benefit; and
(B) the amount of any prior cost of living adjustments calculated under this section.
STEP THREE: Multiply the percentage determined under STEP ONE by the sum determined under STEP TWO.
STEP FOUR: Add the product determined under STEP THREE to the sum determined under STEP TWO.
(b) A cost of living adjustment to the monthly benefit of a member of the 1977 fund is determined under the provisions of IC 36-8-8, as applied after:
(1) the member's DROP retirement date; or
(2) the date the member retires because of a disability as provided under section 16.5(d) of this chapter.
As added by P.L.62-2002, SEC.5. Amended by P.L.148-2007, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-14. Drop Exit Date

Sec. 14. (a) Subject to subsection (b), a member who enters the DROP established by this chapter shall exit the DROP at the earliest of:
(1) the member's DROP retirement date;
(2) thirty-six (36) months after the member's DROP entry date;
(3) the mandatory retirement age applicable to the member, if any; or
(4) the date the member retires because of a disability as provided under section 16.5(d) of this chapter.
(b) A member of the 1925 fund, the 1937 fund, or the 1953 fund who enters the DROP established by this chapter must exit the DROP on the date the authority of the board of trustees of the Indiana public retirement system to distribute from the pension relief fund established under IC 5-10.3-11-1 to units of local government (described in IC 5-10.3-11-3) amounts determined under IC 5-10.3-11-4.7 expires.
As added by P.L.62-2002, SEC.5. Amended by P.L.51-2006, SEC.3; P.L.148-2007, SEC.5; P.L.177-2011, SEC.4; P.L.35-2012, SEC.143; P.L.145-2020, SEC.4; P.L.156-2020, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-15. Survivor Benefits

Sec. 15. (a) If a member dies in the line of duty or other than in the line of duty while the member is in the DROP, benefits for the member's survivors are calculated under the provisions of the applicable fund as follows:
(1) If the member dies less than twelve (12) months after the date the member enters the DROP, the benefits for the member's survivors are calculated as if the member had never entered the DROP.
(2) If the member dies at least twelve (12) months after the date the member enters the DROP, the benefits for the member's survivors consist of both of the following:
(A) A benefit for the member's survivors paid by and calculated under the provisions of the applicable fund as if the member had never entered the DROP.
(B) An additional, separate amount that is not calculated as a part of a benefit for the member's survivors from the applicable fund and that is:
(i) calculated under subsection (b); and
(ii) paid to the member's survivors in accordance with the survivor's election under subsection (c).
(b) The additional, separate amount of the benefit for a member's survivors that is described in subsection (a)(2)(B) is equal to:
(1) the amount of the DROP frozen benefit; multiplied by
(2) the number of months that the member was in the DROP.
(c) The survivors of a member who are eligible to receive the additional, separate amount described in subsection (a)(2)(B) must elect to receive the additional, separate amount by either of the following methods:
(1) A lump sum paid as soon as practicable after the member's death.
(2) Three (3) equal annual payments, the first as soon as practicable after the date of the member's death, the second on the first anniversary of the member's death, and the third on the second anniversary of the member's death.
As added by P.L.62-2002, SEC.5. Amended by P.L.145-2020, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-16.5. Disability Benefit

Sec. 16.5. (a) This section applies to a member of the 1977 fund who becomes disabled after June 1, 2005, while the member is in the DROP, because of a disability that arose either in the line of duty or other than in the line of duty.
(b) The retirement benefit for a member who retires because of a disability while in the DROP is determined under this chapter rather than under the provisions of the applicable fund. Determinations as to whether:
(1) the member is disabled; and
(2) a disability is in the line of duty;
under this chapter are made under the provisions of the applicable fund.
(c) If the member retires because of a disability less than twelve (12) months after the date the member enters the DROP, the benefits for the member are calculated under the provisions of the applicable fund as if the member had never entered the DROP.
(d) If the member retires before July 1, 2017, because of a disability at least twelve (12) months after the date the member enters the DROP, the benefits for the member are calculated under section 12 of this chapter, and the member's retirement date is the date the member retires because of a disability rather than the member's DROP retirement date.
(e) If a member retires after June 30, 2017, because of a disability at least twelve (12) months after the date the member enters the DROP, the benefits for the member are as follows:
(1) A retirement benefit paid by and calculated under the provisions of the applicable fund as if the member had never entered the DROP.
(2) An additional, separate amount that is not calculated as a part of a disability benefit from the applicable fund and that is:
(A) calculated under section 12(b)(2)(B) of this chapter; and
(B) paid to the member in accordance with the member's election under section 12(c) of this chapter.
For purposes of paying the additional amount calculated under this subsection, the member's retirement date is the date the member retires because of a disability as determined under the provisions of the applicable fund rather than the member's DROP retirement date.
(f) A member who retired after January 1, 2015, and before July 1, 2017, because of a disability at least twelve (12) months after the date the member entered the DROP may elect to have the member's benefit actuarially adjusted, reconciled, and recalculated under subsection (e). An election under this subsection:
(1) must be made in writing on a form prescribed by the board; and
(2) is irrevocable.
As added by P.L.148-2007, SEC.6. Amended by P.L.47-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 8.5. Deferred Retirement Option Plan (Drop) › 36-8-8.5-17. Exemption From Levy Limits; Taxes of Civil Taxing Unit for Pension Benefits

Sec. 17. (a) The ad valorem property tax levy limits imposed by IC 6-1.1-18.5 do not apply to ad valorem property taxes imposed by a civil taxing unit for a calendar year to pay pension benefits under section 12(c) of this chapter to the extent provided in subsection (b).
(b) For purposes of determining the property tax levy limit imposed on a civil taxing unit under IC 6-1.1-18.5, the civil taxing unit's ad valorem property tax levy for a calendar year does not include an amount equal to the amounts paid by the civil taxing unit for pension benefits in that calendar year under section 12(c) of this chapter, minus:
(1) the amount of pension relief distributions under IC 5-10.3-11-4, IC 5-10.3-11-4.5 (repealed effective January 1, 2009), and IC 5-10.3-11-4.7 to be received by the civil taxing unit in that calendar year that is attributable to pension benefits paid under section 12(c) of this chapter for that calendar year; and
(2) an amount equal to the percentage of the civil taxing unit's pension distributions that were relieved under IC 5-13-12-4 in the preceding calendar year, multiplied by the amount of pension benefits paid under section 12(c) of this chapter in that calendar year.
As added by P.L.62-2002, SEC.5. Amended by P.L.1-2009, SEC.170.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-2. Establishment of Board

Sec. 2. The legislative body of a town may by ordinance:
(1) abolish the office of town marshal; and
(2) establish a board of metropolitan police commissioners (referred to as "the board" in this chapter).
[Pre-Local Government Recodification Citation: 19-1-25-1 part.]
As added by Acts 1981, P.L.309, SEC.60. Amended by P.L.3-1987, SEC.567; P.L.101-1998, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-3. Repealed

[Pre-Local Government Recodification Citation: 19-1-25-1 part.]
As added by Acts 1981, P.L.309, SEC.60. Amended by P.L.366-1983, SEC.1; P.L.98-2000, SEC.27; P.L.103-2000, SEC.2. Repealed by P.L.12-2001, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-4. Powers and Duties of Board

Sec. 4. (a) The board may appoint, subject to the qualifications for employment determined by the board and approved by the town legislative body, as many persons as necessary to serve in the police department of the town. One (1) person shall be appointed to serve as the police chief. The board may also appoint other employees that are necessary to carry on the work of the police department.
(b) The board may recommend and the town legislative body shall determine the compensation to be paid to members of the police department in amounts that are just and reasonable.
(c) All persons appointed must be of good moral character and serve only during good behavior. The board constitutes the safety board of the town for purposes of the suspension, demotion, or dismissal of any member of the police department. Proceedings for the suspension, demotion, or dismissal of any member of the police department shall be conducted in the manner prescribed by IC 36-8-3-4. The disciplinary provisions of IC 36-8-3-4.1 also apply to the safety board and the police chief.
(d) The board may make general and special rules for the government and discipline of the police department and may make special and general orders to the department through the police chief, who is the executive head of the department.
[Pre-Local Government Recodification Citation: 19-1-25-2.]
As added by Acts 1981, P.L.309, SEC.60. Amended by Acts 1981, P.L.315, SEC.6; Acts 1982, P.L.33, SEC.41; P.L.198-1984, SEC.2; P.L.101-1998, SEC.5; P.L.65-2008, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-5. Appropriations

Sec. 5. The town legislative body shall appropriate a sum sufficient to pay the salaries of the members of the town police department.
[Pre-Local Government Recodification Citation: 19-1-25-3.]
As added by Acts 1981, P.L.309, SEC.60.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-6. Statutes Governing Police Departments

Sec. 6. (a) The operation, management, and control of a police department under this chapter is governed by statutes applicable to the management and control of other municipal police departments if those statutes are consistent with this chapter.
(b) The members of the police department may exercise all powers granted to members of police departments by other statutes. The members of the police department are entitled to all the rights, powers, and privileges granted by statute to members of police departments.
[Pre-Local Government Recodification Citation: 19-1-25-4.]
As added by Acts 1981, P.L.309, SEC.60.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-7. Probationary Appointments

Sec. 7. (a) The board may provide that all appointments to the police department are probationary for a period not to exceed one (1) year.
(b) If the board finds, upon the recommendation of the chief of the department during the probationary period, that the conduct or capacity of a member is not satisfactory, the board shall notify the member in writing that the member is being suspended or that the member will not receive a permanent appointment.
(c) If a member is notified that the member will not receive a permanent appointment, the member's employment immediately ceases. Otherwise, at the expiration of the probationary period, the member is considered regularly employed.
As added by P.L.98-2000, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-8. Payment of Line of Duty Health Care Expenses for Police

Sec. 8. (a) A town shall pay for the care of a full-time, paid police officer who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the officer's duty.
(b) The town shall pay for the following expenses incurred by a police officer described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and means.
(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the general fund of the town.
(d) A town that has paid for the care of a police officer under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the police officer has a cause of action for an injury sustained because of, or an illness caused by, the third party. The town's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer against the third party.
As added by P.L.150-2002, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 9. Town Board of Metropolitan Police Commissioners › 36-8-9-9. Body Armor

Sec. 9. (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 town shall provide an active member of the police department of the town with body armor for the torso. The town 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 police department of a town shall not be required to pay for maintenance of the body armor for the torso furnished under this section.
(d) Body armor for the torso provided by a town under this section remains the property of the town. The town may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the town.
As added by P.L.34-2010, SEC.7.