reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-1. Application of Chapter

Sec. 1. (a) This chapter applies to pension benefits for members of police departments hired before May 1, 1977, in second and third class cities, and in towns that have established a board of metropolitan police commissioners.
(b) A police officer with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the police officer:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A police officer is covered by this chapter and not by IC 36-8-8 if the police officer:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979; and
(4) was made, before February 1, 1979, a member of a 1925 fund.
(d) A police matron is covered by this chapter and not by IC 5-10.3 or IC 36-8-8 if the police matron:
(1) was hired before May 1, 1977;
(2) is a member of a police department in a second or third class city; and
(3) is employed as a police matron on March 31, 1996.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-24-1 part; 19-1-47-1 part; subsections (b), (c) formerly 19-1-17.8-5 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.44, SEC.57; P.L.3-1990, SEC.129; P.L.236-1996, SEC.1; P.L.127-2017, SEC.241.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-1.7. "Americans With Disabilities Act"

Sec. 1.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.
As added by P.L.4-1992, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-1.9. Administration of Fund

Sec. 1.9. The 1925 fund shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act.
As added by P.L.4-1992, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-2. Creation of Fund; Management by Board of Trustees; Selection and Compensation of Trustees

Sec. 2. (a) A police pension fund to be known as the 1925 fund is established in each municipality described in section 1(a) of this chapter.
(b) The 1925 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) having at least seven (7) but not more than nine (9) trustees, as follows:
(1) The municipal executive, the municipal fiscal officer, and the police chief, who are ex officio voting members of the local board.
(2) One (1) retired member of the police department.
(3) At least three (3) but not more than five (5) active members of the police department.
However, in cities where there are not sufficient members of the police department to appoint a local board consisting of at least five (5) trustees, the local board may be composed of three (3) trustees, those being the executive, the fiscal officer, and the police chief.
(c) After the local board receives the report described in section 3(f) of this chapter, the trustees under subsections (b)(2) and (b)(3) shall be elected at the next meeting of the members of the police department at the central police station. The trustees are elected for terms of three (3) years, succeeding those trustees whose terms of office expire on that date. The trustees hold their offices until their successors are elected and qualified.
(d) If a vacancy occurs on the local board among those trustees elected by the police department, the police department shall, within a reasonable time, hold a special meeting upon the call of the municipal executive and elect a successor for the remainder of the trustee's term.
(e) A majority of all the trustees constitutes a quorum for the transaction of business.
(f) The trustees receive no pay for their services and shall be paid only their necessary expenses. However, the trustees, the secretary, and each member of the police department selected by the local board shall be paid their necessary traveling expenses from the 1925 fund when acting upon matters pertaining to the fund.
(g) The local board may make all necessary bylaws for:
(1) meetings of the trustees;
(2) the manner of their election, including the counting and canvassing of the votes;
(3) the collection of all money and other property due or belonging to the 1925 fund;
(4) all matters connected with the care, preservation, and disbursement of the fund; and
(5) all other matters connected with the proper execution of this chapter.
[Pre-Local Government Recodification Citation: 19-1-24-1 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.44, SEC.58; P.L.236-1996, SEC.2; P.L.173-2003, SEC.32; P.L.72-2018, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-3. Board of Trustees; Officers; Duties

Sec. 3. (a) The municipal executive is president of the local board, the municipal fiscal officer is its treasurer, and the local board shall select one (1) of its members secretary. The secretary shall be paid out of the 1925 fund a sum for the secretary's services as fixed by the local board.
(b) The president shall preside over all meetings of the local board, call special meetings of the police department of the city, and preside over the annual and called meetings of the department concerning the 1925 fund.
(c) The treasurer:
(1) has custody of all money and securities due or belonging to the 1925 fund and shall collect the principal and interest on them;
(2) is liable on the treasurer's bond as an officer for the municipality for the faithful accounting of all money and securities belonging to the fund that come into the treasurer's hands;
(3) shall keep a separate account showing at all times the true condition of the fund; and
(4) shall, upon the expiration of the treasurer's term of office, account to the local board for all money and securities coming into the treasurer's hands, including the proceeds of them, and turn over to the treasurer's successor all money and securities belonging to the fund remaining in the treasurer's hands.
(d) The secretary shall:
(1) keep a true account of the proceedings of the local board and of the police department of the municipality when acting upon matters relating to the 1925 fund;
(2) keep a correct statement of the accounts of each member with the fund;
(3) collect and turn over to the treasurer of the local board all money belonging to the fund;
(4) give the local board a monthly account of the secretary's acts and services as secretary; and
(5) turn over to the secretary's successor all books and papers pertaining to the office.
(e) The secretary shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the secretary's duties.
(f) The secretary and treasurer shall make complete and accurate reports of their trusts to the local board before February 15 of each year, copies of which shall be filed with the municipal clerk. The books of the secretary and treasurer must be open at all times to examination by members of the local board.
(g) Each member of the police department shall turn over to the secretary of the local board, within thirty (30) days after receiving it, all money and securities belonging to the 1925 fund that come into the secretary's hands.
[Pre-Local Government Recodification Citation: 19-1-24-1 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.47, SEC.24; P.L.173-2003, SEC.33; P.L.72-2018, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-4. Derivation of Funds; Salary Assessments

Sec. 4. (a) The 1925 fund is derived from the following sources:
(1) From money or other property that is given to the local board for the use of the fund. The local board may take by gift, grant, devise, or bequest of any money, chose in action, personal property, or real property, or an interest in it. The local board shall take the property in the name of the local board and may hold, assign, transfer, or sell it.
(2) From money, fees, and awards that are paid or given to the police department of the municipality or to a member of the department because of service or duty performed by the department or a member. This includes fines imposed by the safety board against a member of the department, as well as the proceeds from the sale of lost, stolen, and confiscated property recovered or taken into possession by members of the police department in the performance of their duties and sold at a public sale in accordance with law.
(3) From an assessment made during the period of the member's employment or for thirty-two (32) years, whichever is shorter, on the salary of each member whom the local board has accepted and designated as a beneficiary of the 1925 fund, an amount equal to six percent (6%) of the salary of a first class patrolman. However, the employer may pay all or a part of the assessment for the member.
(b) The secretary of the local board shall prepare a roll of each of the assessments and place opposite the name of every member of the police department the amount of the assessment against the member. The treasurer of the local board shall retain out of the salary paid to the member each month the amount of the assessment, other than any amount paid on behalf of the member, and credit it to the 1925 fund. Except to the extent the assessment is paid on behalf of the member, every person becoming a member of the police department is liable for the payment of the assessments and is conclusively considered to agree to pay it and have it deducted from the member's salary as required in this section.
[Pre-Local Government Recodification Citation: 19-1-24-2 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.182, SEC.3; P.L.312-1989, SEC.1; P.L.127-2017, SEC.242.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-5.5. Use of Certain Amounts in 1925 Fund

Sec. 5.5. (a) This section applies to a balance in the 1925 fund that:
(1) accrued from property taxes;
(2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1925 fund because of amendments to IC 5-10.3-11-4.7 in 2008; and
(3) is determined under subsection (c).
(b) A local board may authorize the use of money in the 1925 fund to pay any or all of the following:
(1) The costs of health insurance or other health benefits provided to members, survivors, and beneficiaries of the 1925 fund.
(2) The municipality's employer contributions under IC 36-8-8-6.
(3) The contributions paid by the municipality for a member under IC 36-8-8-8(a).
(c) The maximum amount that may be used under subsection (b) is equal to the sum of:
(1) the unencumbered balance of the 1925 fund on December 31, 2008; plus
(2) the amount of property taxes:
(A) imposed for an assessment date before January 16, 2008, for the benefit of the 1925 fund; and
(B) deposited in the 1925 fund after December 31, 2008.
As added by P.L.182-2009(ss), SEC.428.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-6. Investment of Funds

Sec. 6. (a) The local board shall determine how much of the 1925 fund may be safely invested and how much should be retained for the needs of the fund. The investment shall be made:
(1) in interest bearing bonds of the United States, the state, or an Indiana municipal corporation. The bonds shall be deposited with and must remain in the custody of the treasurer of the board, who shall collect the interest due as it becomes due; or
(2) under IC 5-13-9.
(b) Investments under this section are subject to section 1.5 of this chapter.
[Pre-Local Government Recodification Citation: 19-1-24-3 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.55-1989, SEC.49; P.L.35-1999, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-7. Repealed

[Pre-Local Government Recodification Citation: 19-1-24-3 part.]
As added by Acts 1981, P.L.309, SEC.55. Repealed by P.L.363-1983, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-8.1. Determination Whether Disability in Line of Duty

Sec. 8.1. (a) If a local board determines that a fund member has a temporary or a permanent disability, the local board shall also make a recommendation to the board of trustees of the Indiana public retirement system (referred to in this section as "the system board") concerning whether the disability is:
(1) a disability in the line of duty (as described in section 8(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a disability described in section 8(b)(1) of this chapter).
The local board shall forward its recommendation to the system board.
(b) The system board shall review the local board's recommendation not later than forty-five (45) days after receiving the recommendation and shall then issue an initial determination of whether the disability is in the line of duty or not in the line of duty. The system board shall notify the local board, the safety board, and the fund member of its initial determination.
(c) The fund member, the safety board, or the local board may object in writing to the system board's initial determination under subsection (b) not later than fifteen (15) days after the initial determination is issued. If a written objection is not filed, the system board's initial determination becomes final. If a timely written objection is filed, the system board shall issue a final determination after a hearing. The final determination must be issued not later than one hundred eighty (180) days after the date of receipt of the local board's recommendation.
As added by P.L.118-2000, SEC.5. Amended by P.L.6-2012, SEC.247.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-9. Retirement Benefits

Sec. 9. (a) Benefits paid under this section are subject to section 1.5 of this chapter.
(b) The 1925 fund shall be used to provide a member of the police department who retires from active duty after twenty (20) or more years of active duty an annual pension equal to fifty percent (50%) of the salary of a first class patrolman in the police department, plus:
(1) for a member who retires before January 1, 1986, two percent (2%) of the first class patrolman's salary for each year of service; or
(2) for a member who retires after December 31, 1985, one percent (1%) of the first class patrolman's salary for each six (6) months of service;
of the retired member over twenty (20) years. However, the pension may not exceed in any year an amount greater than seventy-four percent (74%) of the salary of a first class patrolman. The pensions shall be computed on an annual basis but shall be paid in not less than twelve (12) equal monthly installments. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased.
(c) If a member voluntarily retires after twenty (20) or more years of service, the member is entitled to retirement and the pension, without reference to the member's physical condition at the time of application. However, the member then relinquishes all rights to other benefits or pensions for temporary disability. After retirement the member is not required to render further services on the police department, is no longer subject to the rules of the department, and may not be deprived of other benefits under this chapter that may accrue to the member or the member's dependents.
(d) To be retired based upon length of service, only the time served by the member on the regularly constituted police department may be computed. Time served by a member as a special police officer, a merchant police officer, or a private police officer may not be considered in computing length of service.
[Pre-Local Government Recodification Citation: 19-1-24-3 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.342-1985, SEC.2; P.L.55-1989, SEC.50; P.L.231-1997, SEC.1; P.L.127-2017, SEC.243.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-9.5. Reemployment After Retirement

Sec. 9.5. (a) Not less than thirty (30) days after a member retires from a police department covered by this chapter, the member may:
(1) be rehired by the same municipality that employed the member as a police officer for a position other than that of a full-time, fully paid police officer; and
(2) continue to receive the member's pension benefit under this chapter.
(b) This section may be implemented unless the local board receives from the Internal Revenue Service a determination that prohibits the implementation.
As added by P.L.130-2008, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-9.8. Funeral Benefits

Sec. 9.8. (a) Benefits paid under this section are subject to section 1.5 of this chapter.
(b) The 1925 fund shall be used to pay funeral benefits to the heirs or estate of an active or a retired member of the police department who has died from any cause, in an amount fixed by ordinance, but at least twelve thousand dollars ($12,000).
As added by P.L.200-1984, SEC.1. Amended by P.L.47-1988, SEC.2; P.L.55-1989, SEC.51; P.L.197-1993, SEC.2; P.L.169-1994, SEC.2; P.L.231-1997, SEC.2; P.L.40-1997, SEC.4; P.L.49-1998, SEC.2; P.L.118-2000, SEC.8; P.L.28-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-10. Repealed

[Pre-Local Government Recodification Citation: 19-1-24-3 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.182, SEC.5; Acts 1982, P.L.213, SEC.2; P.L.363-1983, SEC.1; P.L.364-1983, SEC.1. Repealed by P.L.50-1984, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-11. Members Dismissed After 20 Years' Service; Benefits

Sec. 11. The 1925 fund shall be used to pay an amount, equal to the pensions provided by this chapter in the case of voluntary retirement after twenty (20) years' service, to a member of the police department who is dismissed for any reason after having been in actual service for twenty (20) years, including two percent (2%) additional for each full year of service in excess of twenty (20) years' service. However, a pension under this section may not exceed in any year an amount greater than seventy-four percent (74%) of the salary of a first class patrolman.
[Pre-Local Government Recodification Citation: 19-1-24-3 part.]
As added by Acts 1981, P.L.309, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-12. Reduction of Benefits After First Payment

Sec. 12. The monthly pension payable to a member or survivor under this chapter may not be reduced below the amount of the first full monthly pension received by that person.
[Pre-Local Government Recodification Citation: 19-1-24-3.5.]
As added by Acts 1981, P.L.309, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-13. Disability Retirees; Orders, Discipline, and Duties; Examination by Police Surgeon; Transcripts, Reports, Records, and Other Material

Sec. 13. (a) A member of the police department placed on the retired list, except those that have served on the department for twenty (20) years or more and have been retired for that reason, shall report for duty to the chief of police as is provided in the bylaws of the local board. A member is then subject to the orders and discipline of the chief and shall perform the duties that are required of the member and for which, in the opinion of the police surgeon, the member is fit, considering reasonable accommodation to the extent required by the Americans with Disabilities Act. The member shall be paid full salary for these duties.
(b) If a retired member refuses to obey orders or breaches discipline, the chief shall report the member at once to the safety board for action that is considered proper for the good of the service. A member is subject to punishment and dismissal in the same manner as officers in active service. The pension to which the retired member is entitled ceases upon the member's expulsion, and the pension is subject to the action considered proper by the safety board.
(c) The police surgeon of the municipality shall examine members of the police department when:
(1) the local board requests it;
(2) a member requests it for the purpose of certifying the member's physical or mental condition to the local board; or
(3) the police surgeon considers it proper.
The police surgeon shall then certify to the local board the true physical or mental condition of the person.
(d) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material compiled to determine the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
[Pre-Local Government Recodification Citation: 19-1-24-4 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.4-1992, SEC.35; P.L.127-2017, SEC.244.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-14. Priority of Claims on Insufficient Funds; Procedure for Making Pension Payments; Exemption of Payments From Judicial Process; Reimbursement of Employers; Withholding Payments

Sec. 14. (a) If there is not sufficient money to the credit of the 1925 fund to pay all claims against it in full, claims arising from the death of members of the department shall be paid in full first with as little delay as possible, after which an equal percentage shall be paid upon all other claims to the full extent of the money on hand, until the fund is replenished.
(b) All pensions shall be paid by the treasurer of the local board at the treasurer's office at the same time and in the same installments as the members of the police department are paid.
(c) All pensions payable out of the 1925 fund are exempt from seizure or levy upon attachment, execution, supplemental process, and all other process, whether mesne or final. Except as provided in section 21 of this chapter, pensions are not subject to sale, assignment, or transfer by a beneficiary.
(d) However, the member's contributions or benefits, or both, may be transferred to reimburse the member's employer for loss resulting from the member's criminal taking of the employer's property by the treasurer of the local board if the treasurer receives adequate proof of the loss. The loss resulting from the member's criminal taking of the employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.
(e) The treasurer of the local board may withhold payment of the member's contributions and interest if the employer of the member notifies the treasurer that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.
(f) The treasurer of the local board may withhold payment of a person's contributions and interest under subsection (e) until the final resolution of the criminal charges.
(g) Subsections (e) and (f) do not apply to the:
(1) pension benefit of a retired member; or
(2) disability benefit of a member who becomes disabled.
[Pre-Local Government Recodification Citation: 19-1-24-4 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.10-1993, SEC.14; P.L.127-2017, SEC.245; P.L.203-2019, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-15. Ineligibility of Certain Employees for Pension Plan

Sec. 15. A pension may not be paid to an employee of the police department who at the time of the employee's appointment was thirty-six (36) years of age or older, or who failed at that time to pass the medical examination required by the board. However, such a person is exempt from paying or contributing to the 1925 fund.
[Pre-Local Government Recodification Citation: 19-1-24-4 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.127-2017, SEC.246.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-16. Eligibility of Persons Employed When Fund Established

Sec. 16. (a) Notwithstanding section 15 of this chapter, all employees of the police department at the time a municipality established a 1925 fund, regardless of their age at the time they became members of the department, became members of the 1925 fund and are entitled to all the benefits of it. They shall pay the assessments prescribed by and are subject to this chapter.
(b) A member of the police department who:
(1) was in active service on March 9, 1935;
(2) was a member of the 1925 fund;
(3) passed the physical examination required by the local board;
(4) had previous service in the police department; and
(5) was thirty-six (36) years of age or older at the time of the member's reinstatement or reappointment;
is entitled to all of the benefits of the 1925 fund, with all of the years of active service with the police department counted in determining the member's eligibility for retirement.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-24-4 part; subsection (b) formerly 19-1-15-2.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.127-2017, SEC.247.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-17. Discontinuance or Reduction of Benefits; Failure to Comply With Requirements of Local Board; Failure to Report

Sec. 17. If a person who has received a benefit from the 1925 fund fails to report for duty or for examination, or otherwise fails to comply with legal requirements imposed by the local board, the local board may, after notice to the person, discontinue or reduce future payments.
[Pre-Local Government Recodification Citation: 19-1-24-5 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.224-1991, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-18. Pension Funds Governed by Other Laws

Sec. 18. If a second or third class city maintains a police pension fund that pays a smaller amount to the beneficiary under prior statutes governing the pension fund, this chapter does not increase those amounts.
[Pre-Local Government Recodification Citation: 19-1-24-6.]
As added by Acts 1981, P.L.309, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-19. Items Excluded When Computing Benefits; Liability for Overpayment

Sec. 19. (a) Remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off may not be used in the computation of benefits under this chapter.
(b) If the remuneration or allowances described in subsection (a) were used to compute benefits for a recipient who began receiving benefits before May 2, 1977, this computation may continue only for that recipient and only during the eligibility period for benefits. The municipality and the official involved are not liable for making the overpayment, and a recipient is not required to repay the overpayment.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-46-1 part; subsection (b) formerly 19-1-46-2 part.]
As added by Acts 1981, P.L.309, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-20. 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 10.1 of this chapter.
(b) A special death benefit of one hundred fifty thousand dollars ($150,000) for a fund member who dies in the line of duty before July 1, 2020, and two hundred twenty-five thousand dollars ($225,000) for a fund member who dies in the line of duty after June 30, 2020, shall be paid in a lump sum by the Indiana public retirement system from the special death benefit fund established under IC 5-10-9.8 to the following relative of a fund member who dies in the line of duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (to be shared equally).
(3) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.
(c) The benefit provided by this section is in addition to any other benefits provided under this chapter.
As added by P.L.223-1986, SEC.1. Amended by P.L.225-1991, SEC.1; P.L.53-1993, SEC.2; P.L.49-1998, SEC.3; P.L.35-2012, SEC.110; P.L.40-2017, SEC.19; P.L.99-2020, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-21. Rollover to Eligible Retirement Plan

Sec. 21. 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 1925 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.
As added by P.L.10-1993, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 26 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.
(2) The addition of section 12.1 of this chapter by P.L.171-1990 applies to all benefits paid after March 15, 1990.
(3) The amendments made to section 13 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1937 firefighters' pension fund who dies after June 30, 2008.
As added by P.L.220-2011, SEC.669.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-1. Application of Chapter

Sec. 1. (a) This chapter applies to pension benefits for members of fire departments hired before May 1, 1977, in units for which a 1937 fund was established before May 1, 1977.
(b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A firefighter is covered by this chapter and not by IC 36-8-8 if the firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979; and
(4) was made, before February 1, 1979, a member of a 1937 fund.
(d) A firefighter who:
(1) is covered by this chapter before a consolidation under IC 36-3-1-6.1; and
(2) becomes a member of a fire department of a consolidated city under IC 36-3-1-6.1;
is covered by this chapter after the effective date of the consolidation, and the firefighter's service as a member of a fire department of a consolidated city is considered active service under this chapter.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-1 part; 19-1-47-1 part; subsections (b), (c) formerly 19-1-36.5-5 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.3-1990, SEC.130; P.L.170-2002, SEC.162; P.L.227-2005, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-2. "Fire Company" Defined

Sec. 2. As used in this chapter, "fire company" means each organization or group doing duty as part of the fire department, including engine companies, hose companies, those in the telephone or telegraph service, inspectors, mechanics, watchmen, and others in charge of apparatus for extinguishing fires.
[Pre-Local Government Recodification Citation: 19-1-37-3.]
As added by Acts 1981, P.L.309, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-2.7. "Americans With Disabilities Act"

Sec. 2.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.
As added by P.L.4-1992, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-2.9. Administration of Fund

Sec. 2.9. The 1937 fund shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act.
As added by P.L.4-1992, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-3. Creation of Fund; Management by Board of Trustees; Powers and Duties

Sec. 3. (a) A firefighters' pension fund to be known as the 1937 fund is established in each unit described by section 1(a) of this chapter.
(b) The 1937 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) composed of seven (7) trustees. Two (2) trustees are the executive of the unit and the fire chief, who are ex officio voting trustees. The other trustees are one (1) retired member of the fire department and four (4) active members of the fire department elected for the terms and in the manner provided in this chapter.
(c) The local board has control of the 1937 fund of the unit. The local board shall manage, use, and disburse the fund for the purpose and in the manner prescribed by this chapter. The local board may adopt and enforce bylaws that do not conflict with this chapter and are considered necessary to enable it to achieve the purposes for which it was organized. Each trustee shall, before entering upon the duties of the trustee's office, take an oath to faithfully perform the trustee's duties.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-1 part; subsection (b) formerly 19-1-37-2 part; subsection (c) formerly 19-1-37-2 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.236-1996, SEC.3; P.L.127-2017, SEC.248.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-4. Fire Departments With Fewer Than Five Members; Trustees; Elections

Sec. 4. (a) If a unit has less than five (5) members in its fire department, the unit may provide for the organization of a local board consisting of the fire chief, the executive of the unit, and one (1) member of the fire department.
(b) The trustee from the fire department shall be elected under this section.
(c) The local board may amend the bylaws of the fund to elect the trustee from the fire department in an election held on any three (3) consecutive days in February specified in the bylaws. The election shall be called by the fire chief and held at the house or quarters of the fire department. Subject to this section, the election shall be conducted in the manner specified in the bylaws.
(d) This subsection applies only if the local board does not elect to be governed by subsection (c). The trustee from the fire department shall be elected at a meeting held on the second Monday in February each year. The meeting shall be called by the fire chief and held at the house or quarters of the fire department.
(e) The term of the elected trustee is one (1) year beginning immediately after the trustee's election.
(f) Each member of the department is entitled to one (1) ballot and the person receiving the highest number of votes is elected. The executive of the unit, the fire chief, and the city or county clerk shall canvass and count the ballots, and the clerk shall issue a certificate of election to the person having received the highest number of votes. If two (2) persons have received the same number of votes, the executive and the chief shall immediately determine by lot who will be the trustee from the persons receiving an equal number of votes.
(g) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.
[Pre-Local Government Recodification Citation: 19-1-37-2 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.170-1994, SEC.1; P.L.227-2005, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-6. Trustees; Election of Retired Members

Sec. 6. (a) An election shall be held under this section every two (2) years to elect one (1) trustee from the retired members of the fire department for a term of two (2) years, commencing on the day of the trustee's election, if the retired list contains at least three (3) retired members at the time of election. The fire chief shall fix a time for holding a convention to nominate candidates for trustee to be elected at each election. Each convention must be held at least fifteen (15) days before the day on which the biennial election is held. All retired members of the fire department may participate in the convention. The convention, when assembled, shall nominate not more than four (4) members of the retired list to be voted upon as trustee. The secretary of the board shall mail the names of the persons nominated along with an official ballot to the retired members within forty-eight (48) hours of the end of the convention.
(b) The election shall be conducted by mail. Each retired member is entitled to cast one (1) ballot by mail and the ballot may not contain more than one (1) name, chosen from the list of retired persons nominated by the convention. The candidate receiving the highest number of votes by 6 p.m. on the second Monday in February or an alternative date in February specified in the bylaws of the fund is elected.
(c) The ballots must remain closed and inviolate until the close of the election, at which time, in the presence of the executive of the unit, the fire chief, and the clerk of the unit, the ballots shall be opened and counted. A certificate of election shall be issued to the candidate receiving the highest number of votes. If two (2) or more candidates receive the same number of votes, the executive and the chief shall immediately determine by lot who will be trustee from the persons receiving an equal number of votes.
(d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-5; subsection (b) formerly 19-1-37-7; subsection (c) formerly 19-1-37-9.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.170-1994, SEC.3; P.L.227-2005, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-6.5. Securing Ballots; Tampering With Ballots

Sec. 6.5. (a) All ballots voted under this chapter shall be secured until the balloting is closed.
(b) Tampering with a ballot for an election under this chapter is a Class A infraction.
(c) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.
As added by P.L.170-1994, SEC.4. Amended by P.L.227-2005, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-7. Trustees; Officers; Local Board Secretary Bond; Rules; Application for Relief or Pensions

Sec. 7. (a) The fire chief is the president of the local board.
(b) At the first meeting after each election, the local board shall elect a secretary, who may be chosen from among the trustees. However, the local board may consider it proper to have a secretary who is a member of the fire department, to be elected by the companies for a term of four (4) years in the same manner as the election for trustees. The secretary shall keep a full record of all the proceedings of the local board in a book provided for that purpose. The secretary shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the secretary's duties.
(c) The local board shall make all rules necessary for the discharge of its duties and shall hear and determine all applications for relief or pensions under this chapter.
(d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.
[Pre-Local Government Recodification Citation: 19-1-37-10.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.227-2005, SEC.44; P.L.117-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-8. Derivation of Money in Fund

Sec. 8. The 1937 fund is derived from the following sources:
(1) From all money and other property that is given to the local board or 1937 fund for the uses and purposes for which the fund is created. The local board may take by gift, grant, devise, or bequest any money, personal property, real estate, or an interest in it. The gift, grant, devise, or bequest may be absolute or in fee simple or upon the condition that only the rents, income, or profits arising from it may be applied to the purposes for which the fund is established.
(2) All money, fees, rewards, or emoluments that are paid, given, devised, or bequeathed to the fire department or one (1) of the fire companies.
(3) All money accruing as interest on the securities or investments that are owned by and held in the name of the local board.
(4) All money received by the local board from the sale or by the maturity of securities or investments owned by the local board.
(5) An assessment made during the period of a member's employment or for thirty-two (32) years, whichever is shorter, on the salary of each member equal to six percent (6%) of the salary of a fully paid first class firefighter. However, the employer may pay all or a part of the assessment for the member. The secretary of the fire department, or the person whose duty it is to make out the payrolls, shall place on the payroll opposite the name of every member the amount of assessment on the member's salary. The unit's fiscal officer shall deduct monthly from the salary of every member the sum listed opposite the member's name, other than any amount paid on behalf of the member, and shall credit that amount to the 1937 fund. Except to the extent the assessment is paid on behalf of the member, every person who becomes a member of the fire department is liable for the assessment and is conclusively considered to agree to pay it by having it deducted from the member's salary as required in this section.
(6) Appropriations that are made for the fund by the unit's fiscal body.
[Pre-Local Government Recodification Citation: 19-1-37-11 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1981, P.L.182, SEC.6; P.L.312-1989, SEC.2; P.L.127-2017, SEC.250.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-9. Use of Funds

Sec. 9. The 1937 fund and the appropriations made for the fund shall be used exclusively for the following:
(1) Payments to retired members and the dependents of deceased members.
(2) Death benefits.
(3) Other incidental expenses that are authorized by and are essential to the proper administration of this chapter, including the payment of all costs of litigation (including attorney's fees) arising in connection with the 1937 fund.
(4) Payments described in section 9.5 of this chapter.
[Pre-Local Government Recodification Citation: 19-1-37-12 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.349-1987, SEC.1; P.L.182-2009(ss), SEC.429.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-9.5. Use of Certain Amounts in 1937 Fund

Sec. 9.5. (a) This section applies to a balance in a 1937 fund that:
(1) accrued from property taxes;
(2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1937 fund because of amendments to IC 5-10.3-11-4.7 in 2008; and
(3) is determined under subsection (c).
(b) A local board may authorize the use of money in the 1937 fund to pay any or all of the following:
(1) The costs of health insurance or other health benefits provided to members, survivors, and beneficiaries of the 1937 fund.
(2) The unit's employer contributions under IC 36-8-8-6.
(3) The contributions paid by the unit for a member under IC 36-8-8-8(a).
(c) The maximum amount that may be used under subsection (b) is equal to the sum of the following:
(1) the unencumbered balance of the 1937 fund on December 31, 2008; plus
(2) the amount of property taxes:
(A) imposed for an assessment date before January 16, 2008, for the benefit of the 1937 fund; and
(B) deposited in the 1937 fund after December 31, 2008.
As added by P.L.182-2009(ss), SEC.430.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 7. 1937 Firefighters' Pension Fund › 36-8-7-12. Repealed

[Pre-Local Government Recodification Citation: 19-1-37-14.]
As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1982, P.L.214, SEC.3; P.L.364-1983, SEC.4; P.L.342-1985, SEC.3. Repealed by P.L.196-1988, SEC.5.