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INDIANA STATUTES AND CODES

CHAPTER 8. 1977 POLICE OFFICERS' AND FIREFIGHTERS' PENSION AND DISABILITY FUND

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IC 36-8-8 Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund IC 36-8-8-1 Application of chapter Sec. 1. This chapter applies to: (1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981); (2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981); (3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996; (4) a park ranger who: (A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state; (B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and (C) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000); (5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member of the fire department of a consolidated city under IC 36-3-1-6.1, provided that the firefighter's service as a member of the fire department of a consolidated city is considered active service under this chapter; (6) except as otherwise provided, a full-time fully paid firefighter who is hired or rehired after the effective date of the consolidation by a consolidated fire department established under IC 36-3-1-6.1; (7) a full-time police officer who is covered by this chapter before the effective date of consolidation and becomes a member of the consolidated law enforcement department as part of the consolidation under IC 36-3-1-5.1, provided that the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter; and (8) except as otherwise provided, a full-time police officer who is hired or rehired after the effective date of the consolidation by a consolidated law enforcement department established under IC 36-3-1-5.1; except as provided by section 7 of this chapter. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.132; P.L.236-1996, SEC.4; P.L.43-1997, SEC.6; P.L.22-1998, SEC.16; P.L.246-2001, SEC.16; P.L.227-2005, SEC.46. IC 36-8-8-2 "Employer" defined Sec. 2. As used in this chapter, "employer" means: (1) a municipality that established a 1925 or 1953 fund or that participates in the 1977 fund under section 3 or 18 of this chapter; (2) a unit that established a 1937 fund or that participates in the 1977 fund under section 3 or 18 of this chapter; (3) a consolidated city that consolidated the fire departments of units that: (A) established a 1937 fund; or (B) participated in the 1977 fund; before the units' consolidation into the fire department of a consolidated city established by IC 36-3-1-6.1; or (4) a consolidated city that establishes a consolidated law enforcement department under IC 36-3-1-5.1. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.227-2005, SEC.47. IC 36-8-8-2.1 "Local board" defined Sec. 2.1. (a) As used in this chapter, "local board" means the following: (1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2. (2) For a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3. (3) For a consolidated city that established a 1953 fund for its police officers, the local board described in IC 36-8-7.5-2. (4) For a unit, other than a consolidated city, that did not establish a 1925 fund for its police officers or a 1937 fund for its firefighters, the local board described in subsection (b) or (c). (b) If a unit did not establish a 1925 fund for its police officers, a local board shall be composed in the same manner described in IC 36-8-6-2(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member. (c) If a unit did not establish a 1937 fund for its firefighters, a local board shall be composed in the same manner described in IC 36-8-7-3(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member. As added by P.L.236-1996, SEC.5. IC 36-8-8-2.5 Qualification of 1977 fund under Internal Revenue Code Sec. 2.5. (a) As used in this chapter, "Internal Revenue Code": (1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or (2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11. (b) The 1977 fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the 1977 fund. In order to meet those requirements, the 1977 fund is subject to the following provisions, notwithstanding any other provision of this chapter: (1) The PERF board shall distribute the corpus and income of the 1977 fund to members and their beneficiaries in accordance with this chapter. (2) No part of the corpus or income of the 1977 fund may be used or diverted to any purpose other than the exclusive benefit of the members and their beneficiaries. (3) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits any member would otherwise receive under this chapter. (4) If the 1977 fund is terminated, or if all contributions to the 1977 fund are completely discontinued, the rights of each affected member to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable. (5) All benefits paid from the 1977 fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the 1977 fund is subject to the following provisions: (A) The life expectancy of a member, the member's spouse, or the member's beneficiary shall not be recalculated after the initial determination, for purposes of determining benefits. (B) If a member dies before the distribution of the member's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died. (C) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of the Internal Revenue Code. (6) The PERF board may not: (A) determine eligibility for benefits; (B) compute rates of contribution; or (C) compute benefits of members or beneficiaries; in a manner that discriminates in favor of members who are considered officers, supervisors, or highly compensated, as prohibited under Section 401(a)(4) of the Internal Revenue Code. (7) Benefits paid under this chapter may not exceed the maximum benefit specified by Section 415 of the Internal Revenue Code. (8) The salary taken into account under this chapter may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code. (9) The trustee may not engage in a transaction prohibited by Section 503(b) of the Internal Revenue Code. As added by P.L.55-1989, SEC.61. IC 36-8-8-2.6 Administration of fund Sec. 2.6. The 1977 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.43. IC 36-8-8-3 Participation by units Sec. 3. (a) If a town establishes a board of metropolitan police commissioners, or if a town becomes a city, the municipality shall participate in the 1977 fund. However, if a police officer or former marshal is a member of the public employees' retirement fund, he may continue as a member of that fund instead of the 1977 fund. Notwithstanding the age requirements under section 7(a) of this chapter, a police officer or former marshal employed by a municipality at the time the municipality enters the 1977 fund under this section shall be a member of the 1977 fund unless the police officer or former marshal elects to continue as a member of the public employees' retirement fund. A person may become a member of the 1977 fund under this subsection without meeting the age limitation under section 7(a) of this chapter only if the person 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 PERF board under section 19 of this chapter; and (B) in effect on the date the person becomes a member of the 1977 fund. Credit for prior service of a person who becomes a member of the 1977 fund under this subsection 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. (b) If a unit did not establish a 1937 fund for its firefighters, the unit may participate in the public employees' retirement fund or it may participate in the 1977 fund. If a unit established a 1937 fund for its firefighters, the unit is and shall remain a participant in the 1977 fund. (c) A unit that: (1) has not established a pension fund for its firefighters; or (2) is participating in the public employees' retirement fund under subsection (b); may participate in the 1977 fund upon approval by the fiscal body, notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund under this subsection must comply with section 21 of this chapter. However, if a firefighter is a member of the public employees' retirement fund, the firefighter may continue as a member of that fund instead of the 1977 fund. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.313-1989, SEC.1; P.L.213-1995, SEC.6; P.L.236-1996, SEC.6; P.L.101-1998, SEC.1; P.L.195-1999, SEC.32. IC 36-8-8-4 Creation of fund; management by PERF board; fund advisory committee; membership; term Sec. 4. (a) There is established a police officers' and firefighters' pension and disability fund to be known as the 1977 fund. The 1977 fund consists of fund member and employer contributions, plus the earnings on them, to be used to make benefit payments to fund members and their survivors in the amounts and under the conditions specified in this chapter. (b) The board of trustees of the public employees' retirement fund (referred to in this chapter as the "PERF board") shall administer the 1977 fund, which may be commingled with the public employees' retirement fund for investment purposes. All actuarial data shall be computed on the total membership of the fund, and the cost of participation is the same for all employers in the fund. The fund member and employer contributions shall be recorded separately for each employer. (c) The 1977 fund advisory committee, referred to as the committee, is established. The PERF board shall consult with the committee on matters pertaining to the administration of this chapter and IC 5-10.3-11. The committee shall consist of the following members appointed by the governor every two (2) years for a term of two (2) years: (1) Two (2) firefighters: (A) each of whom must be an active or retired member of the 1937 fund or the 1977 fund; and (B) neither of whom may be in an upper level policymaking position. (2) Two (2) police officers: (A) each of whom must be an active or retired member of the 1925 fund, the 1953 fund, or the 1977 fund; and (B) neither of whom may be in an upper level policymaking position. (3) Two (2) members, each of whom must be an executive of an employer. (4) Two (2) members, each of whom must be a member of the legislative body of an employer. The term of each member begins on July 1 following appointment and continues until his successor is qualified. A member of the committee who no longer holds the position that qualified him for appointment under subdivision (1), (2), (3), or (4) forfeits his membership on the committee. The governor shall appoint a person to fill a vacancy on the committee for the remainder of the unexpired term. (d) Each member of the committee who is not a state employee is entitled to reimbursement for expenses actually incurred in connection with the member's duties. Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as approved by the PERF board. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.201-1984, SEC.1; P.L.342-1985, SEC.5; P.L.119-2000, SEC.8. IC 36-8-8-5 PERF board; powers and duties; appeals; confidentiality of fund records Sec. 5. (a) The PERF board shall: (1) determine eligibility for and make payments of benefits, except as provided in section 12 of this chapter; (2) in accordance with the powers and duties granted it in IC 5-10.3-3-7, IC 5-10.3-3-8, and IC 5-10.3-5-3 through IC 5-10.3-5-6, administer the 1977 fund; (3) provide by rule for the implementation of this chapter; and (4) authorize deposits. (b) A determination by the PERF board may be appealed under the procedures in IC 4-21.5. (c) The powers and duties of the director and the actuary of the PERF board, the attorney general, and the auditor of state, with respect to the 1977 fund, are those specified in IC 5-10.3-3 and IC 5-10.3-4. (d) The PERF board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter. (e) The 1977 fund records of individual members and membership information are confidential, except for the name and years of service of a 1977 fund member. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.5-1988, SEC.219; P.L.5-1990, SEC.21; P.L.94-2004, SEC.8; P.L.99-2010, SEC.11. IC 36-8-8-6 Employer contributions Sec. 6. (a) Each employer shall annually on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, pay into the 1977 fund an amount determined by the PERF board: (1) for administration expenses; and (2) sufficient to maintain level cost funding during the period of employment on an actuarial basis for members hired after April 30, 1977. (b) If an employer fails to make the payments required by subsection (a) or fails to send the fund members' contributions required by section 8(a) of this chapter, the amount payable, on request of the PERF board, may be withheld by the auditor of state from money payable to the employer and transferred to the fund. In the alternative, the amount payable may be recovered in the circuit or superior court of the county in which the employer is located, in an action by the state on the relation of the PERF board, prosecuted by the attorney general. As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1982, P.L.33, SEC.39. IC 36-8-8-7 Membership in fund Sec. 7. (a) Except as provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m): (1) a police officer; or (2) a firefighter; who is less than thirty-six (36) years of age and who passes the baseline statewide physical and mental examinations required under section 19 of this chapter shall be a member of the 1977 fund and is not a member of the 1925 fund, the 1937 fund, or the 1953 fund. (b) A police officer or firefighter with service before May 1, 1977, who is hired or rehired after April 30, 1977, may receive credit under this chapter for service as a police officer or firefighter prior to entry into the 1977 fund if the employer who rehires the police officer or firefighter chooses to contribute to the 1977 fund the amount necessary to amortize the police officer's or firefighter's prior service liability over a period of not more than forty (40) years, the amount and the period to be determined by the PERF board. If the employer chooses to make the contributions, the police officer or firefighter is entitled to receive credit for the police officer's or firefighter's prior years of service without making contributions to the 1977 fund for that prior service. In no event may a police officer or firefighter receive credit for prior years of service if the police officer or firefighter is receiving a benefit or is entitled to receive a benefit in the future from any other public pension plan with respect to the prior years of service. (c) Except as provided in section 18 of this chapter, a police officer or firefighter is entitled to credit for all years of service after April 30, 1977, with the police or fire department of an employer covered by this chapter. (d) A police officer or firefighter with twenty (20) years of service does not become a member of the 1977 fund and is not covered by this chapter, if the police officer or firefighter: (1) was hired before May 1, 1977; (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981); and (3) is rehired after April 30, 1977, by the same employer. (e) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter: (1) was hired before May 1, 1977; (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were 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, 1937, or 1953 fund. (f) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter: (1) was hired by the police or fire department of a unit before May 1, 1977; (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981); (3) is rehired by the police or fire department of another unit after December 31, 1981; and (4) is made, by the fiscal body of the other unit after December 31, 1981, a member of a 1925, 1937, or 1953 fund of the other unit. If the police officer or firefighter is made a member of a 1925, 1937, or 1953 fund, the police officer or firefighter is entitled to receive credit for all the police officer's or firefighter's years of service, including years before January 1, 1982. (g) As used in this subsection, "emergency medical services" and "emergency medical technician" have the meanings set forth in IC 16-18-2-110 and IC 16-18-2-112. A firefighter who: (1) is employed by a unit that is participating in the 1977 fund; (2) was employed as an emergency medical technician by a political subdivision wholly or partially within the department's jurisdiction; (3) was a member of the public employees' retirement fund during the employment described in subdivision (2); and (4) ceased employment with the political subdivision and was hired by the unit's fire department due to the reorganization of emergency medical services within the department's jurisdiction; shall participate in the 1977 fund. A firefighter who participates in the 1977 fund under this subsection is subject to sections 18 and 21 of this chapter. (h) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the individual was appointed as: (1) a fire chief under a waiver under IC 36-8-4-6(c); or (2) a police chief under a waiver under IC 36-8-4-6.5(c); unless the executive of the unit requests that the 1977 fund accept the individual in the 1977 fund and the individual previously was a member of the 1977 fund. (i) A police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996, is a member of the 1977 fund. (j) A park ranger who: (1) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state; (2) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and (3) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000); is a member of the fund. (k) Notwithstanding any other provision of this chapter, a police officer or firefighter: (1) who is a member of the 1977 fund before a consolidation under IC 36-3-1-5.1 or IC 36-3-1-6.1; (2) whose employer is consolidated into the consolidated law enforcement department or the fire department of a consolidated city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and (3) who, after the consolidation, becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 36-3-1-5.1 or IC 36-3-1-6.1; is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter. (l) Notwithstanding any other provision of this chapter, if: (1) before a consolidation under IC 8-22-3-11.6, a police officer or firefighter provides law enforcement services or fire protection services for an entity in a consolidated city; (2) the provision of those services is consolidated into the law enforcement department or fire department of a consolidated city; and (3) after the consolidation, the police officer or firefighter becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 8-22-3-11.6; the police officer or firefighter is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter. (m) A police officer or firefighter who is a member of the 1977 fund under subsection (k) or (l) may not be: (1) retired for purposes of section 10 of this chapter; or (2) disabled for purposes of section 12 of this chapter; solely because of a change in employer under the consolidation. As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.9; Acts 1982, P.L.33, SEC.40; P.L.365-1983, SEC.1; P.L.202-1984, SEC.1; P.L.38-1986, SEC.6; P.L.55-1987, SEC.5; P.L.3-1990, SEC.133; P.L.4-1990, SEC.18; P.L.4-1992, SEC.44; P.L.2-1993, SEC.204; P.L.213-1995, SEC.7; P.L.236-1996, SEC.7; P.L.43-1997, SEC.7; P.L.22-1998, SEC.17; P.L.246-2001, SEC.17; P.L.227-2005, SEC.48; P.L.1-2006, SEC.575. IC 36-8-8-7.2 Fire chief or police chief transfer of service credit to PERF Sec. 7.2. (a) This section applies to an individual: (1) who becomes a member of the 1977 fund under section 7(h) of this chapter; (2) whose appointment as a fire chief or police chief ends after June 30, 2007; and (3) who is not eligible to receive a benefit from the 1977 fund at the end of the individual's appointment as a fire chief or police chief. (b) A fund member described in subsection (a) may elect: (1) to receive the fund member's contributions to the 1977 fund under section 8 of this chapter; or (2) to transfer the fund member's service credit earned as a fire chief or police chief to PERF under subsection (c). (c) If a fund member makes the election described in subsection (b)(2), the PERF board shall: (1) grant to the fund member service credit in PERF for all service earned as a fire chief or police chief in the 1977 fund; and (2) transfer from the 1977 fund to PERF: (A) the fund member's contributions made during the fund member's appointment as a fire chief or police chief to the 1977 fund; plus (B) the present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter. (d) The PERF board shall deposit the amounts transferred to PERF under subsection (c) as follows: (1) The fund member's contributions to the 1977 fund shall be credited to the fund member's PERF annuity savings account. (2) The present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter shall be credited to PERF's retirement allowance account. (e) For a fund member who makes the election described in subsection (b)(2), all credit for service as a fire chief or police chief in the 1977 fund is waived. As added by P.L.180-2007, SEC.9. IC 36-8-8-8 Employee contributions; lump sum withdrawal on termination of employment Sec. 8. (a) Each fund member shall contribute during the period of the fund member's employment or for thirty-two (32) years, whichever is shorter, an amount equal to six percent (6%) of the salary of a first class patrolman or firefighter. However, the employer may pay all or a part of the contribution for the member. The amount of the contribution, other than contributions paid on behalf of a member, shall be deducted each pay period from each fund member's salary by the disbursing officer of the employer. The employer shall send to the PERF board each year on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, a certified list of fund members and a warrant issued by the employer for the total amount deducted for fund members' contributions. (b) Except as provided in section 7.2 of this chapter, if a fund member ends the fund member's employment other than by death or disability before the fund member completes twenty (20) years of active service, the PERF board shall return to the fund member in a lump sum the fund member's contributions plus interest as determined by the PERF board. If the fund member returns to service, the fund member is entitled to credit for the years of service for which the fund member's contributions were refunded if the fund member repays the amount refunded to the fund member in either a lump sum or a series of payments determined by the PERF board. As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.10; P.L.312-1989, SEC.4; P.L.180-2007, SEC.10. IC 36-8-8-8.3 Purchase of military service credit Sec. 8.3. (a) This section applies to a fund member who, after June 30, 2009, completes service for which the 1977 fund gives credit. (b) A fund member may purchase not more than two (2) years of service credit for the fund member's service on active duty in the armed services if the fund member meets the following conditions: (1) The fund member has at least one (1) year of credited service in the fund. (2) The fund member serves on active duty in the armed services of the United States for at least six (6) months. (3) The fund member receives an honorable discharge from the armed services. (4) Before the fund member retires, the fund member makes contributions to the fund as follows: (A) Contributions that are equal to the product of the following: (i) The salary of a first class patrolman or firefighter at the time the fund member actually makes a contribution for the service credit. (ii) A rate, determined by the actuary of the 1977 fund, that is based on the age of the fund member at the time the fund member actually makes a contribution for service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased. (iii) The number of years of service credit the fund member intends to purchase. (B) Contributions for any accrued interest, at a rate determined by the actuary of the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member. (c) A fund member must have at least twenty (20) years of service before a fund member may receive a benefit based on a service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of the service credit purchased under this section. (d) A fund member may not receive service credit under this section: (1) for service credit received under IC 36-8-5-7; or (2) if the military service for which the fund member requests credit also qualifies the fund member for a benefit in a military or another governmental retirement system. (e) A fund member who: (1) terminates service before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or (2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act; may withdraw the fund member's contributions made under this section plus accumulated interest after submitting to the fund a properly completed application for a refund. (f) The following apply to the purchase of service credit under this section: (1) The PERF board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The PERF board shall determine the length of the period during which the payments must be made. (2) The PERF board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code. (3) A fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit. (g) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following: (1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code. (2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code. (3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state under Section 457(b) of the Internal Revenue Code. (4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code. (h) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following: (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code. (2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code. As added by P.L.19-2009, SEC.1. IC 36-8-8-8.5 Purchase of service credit in certain Indiana public retirement funds Sec. 8.5. (a) This section applies to a fund member who, after June 30, 2010, completes service for which the 1977 fund gives credit. (b) As used in this section, "public retirement fund" refers to any of the following, either singly or collectively: (1) The public employees' retirement fund (IC 5-10.3). (2) The Indiana state teachers' retirement fund (IC 5-10.4). (3) The state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund (IC 5-10-5.5). (4) The state police pension trust (IC 10-12). (5) A sheriff's pension trust (IC 36-8-10-12). (c) Subject to this section, a fund member may purchase service credit for the fund member's prior service in a position covered by a public retirement fund. (d) To purchase the service credit described in subsection (c), a fund member must meet the following requirements: (1) The fund member has at least one (1) year of creditable service in the 1977 fund. (2) The fund member has not attained vested status in and is not an active member in the public retirement fund from which the fund member is purchasing service credit. (3) Before the fund member retires, the fund member makes contributions to the 1977 fund as follows: (A) Contributions that are equal to the product of the following: (i) The salary of a first class patrolman or firefighter at the time the fund member actually makes a contribution for the service credit. (ii) A rate, determined by the actuary for the 1977 fund, that is based on the age of the fund member at the time the fund member actually makes a contribution for the service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased. (iii) The number of years of service credit the fund member intends to purchase. (B) Contributions for any accrued interest, at a rate determined by the actuary for the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member. (e) At the request of the fund member purchasing service credit under this section, the amount a fund member is required to contribute under subsection (d)(3) may be reduced by a trustee to trustee transfer from the public retirement fund in which the fund member has an account that contains amounts attributable to member contributions (plus any credited earnings) to the 1977 fund. The fund member may direct the transfer of an amount only to the extent necessary to fund the service purchase under subsection (d)(3). The fund member shall complete any forms required by the public retirement fund from which the fund member is requesting a transfer or the 1977 fund before the transfer is made. (f) A fund member must have at least twenty (20) years of service in the 1977 fund before a fund member may receive a retirement benefit based on service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of the service credit purchased under this section. (g) A fund member who: (1) terminates employment before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or (2) receives a retirement benefit for the same service from another tax supported governmental retirement plan other than the federal Social Security Act; may withdraw the fund member's contributions made under this section plus accumulated interest after submitting a properly completed application for a refund to the 1977 fund. (h) The following apply to the purchase of service credit under this section: (1) The PERF board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The PERF board shall determine the length of the period during which the payments may be made. (2) The PERF board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code. (3) A fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit. (i) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following: (1) A qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code. (2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code. (3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state under Section 457(b) of the Internal Revenue Code. (4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code. (j) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following: (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code. (2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code. (k) The fund member's employer may pay all or a part of the fund member's contributions required for the purchase of service credit under this section. In that event, the actuary shall determine the amortization, and subsections (g), (h)(1), (h)(3), and (i) do not apply. As added by P.L.70-2010, SEC.1. IC 36-8-8-8.8 Purchase of out-of-state service credit Sec. 8.8. (a) This section applies to a fund member who, after June 30, 2010, completes service for which the 1977 fund gives credit. (b) As used in this section, "out-of-state service" means service in another state in a comparable position for which the fund member would receive service credit in the 1977 fund if the service had been performed in Indiana. (c) Subject to subsections (d) through (g), a fund member may purchase out-of-state service credit if the fund member meets the following requirements: (1) The fund member has at least one (1) year of credited service in the 1977 fund. (2) Before the fund member retires, the fund member makes contributions to the 1977 fund as follows: (A) Contributions that are equal to the product of the following: (i) The salary of a first class patrolman or firefighter at the time the fund member makes a contribution for the service credit. (ii) A rate, determined by the actuary for the 1977 fund, that is based on the age of the fund member at the time the fund member makes a contribution for the service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased. (iii) The number of years of out-of-state service credit the fund member intends to purchase. (B) Contributions for any accrued interest, at a rate determined by the actuary for the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member. (3) The fund member has received verification from the 1977 fund that the out-of-state service is, as of the date payment is made by the fund member, valid. (d) A fund member must have at least twenty (20) years of service before the fund member may receive a benefit based on service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of service credit purchased under this section. (e) A fund member may not receive service credit under this section if the service for which the fund member requests credit also qualifies the fund member for a benefit in another governmental retirement system. (f) A fund member who: (1) terminates service before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or (2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act; may withdraw the fund member's contributions made under this section plus accumulated interest after submitting to the 1977 fund a properly completed application for a refund. (g) The following apply to the purchase of service credit under this section: (1) The PERF board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The PERF board shall determine the length of the period during which the payments must be made. (2) The PERF board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code. (3) The fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit. (h) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following: (1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code. (2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code. (3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state under Section 457(b) of the Internal Revenue Code. (4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code. (i) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following: (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code. (2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code. As added by P.L.88-2010, SEC.1. IC 36-8-8-9 Conversion from prior fund Sec. 9. (a) This section applies to all police officers and firefighters who converted their benefits under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981). (b) A police officer or firefighter who converted his benefits from a 1925, 1937, or 1953 fund to the benefits and conditions of this chapter is not entitled to receive any benefits from the original fund. However, he is entitled to credit for all years of service for which he would have received credit before his conversion in that original fund. (c) A police officer or firefighter who: (1) converted his benefits from a 1925, 1937, or 1953 fund; (2) retired or became disabled on or before June 30, 1998; and (3) is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter; shall be treated as a member of this fund for purposes of paying his benefits from the 1977 fund effective for benefits paid on or after October 1, 1998. Prior to October 1, 1998, he remains a member of the original fund entitled to receive only the benefits provided under this chapter based on the eligibility requirements of this chapter. (d) A police officer or firefighter who: (1) converted his benefits from a 1925, 1937 or 1953 fund; (2) who did not retire or become disabled on or before June 30, 1998; and (3) who is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter; remains a member of that original fund but is entitled to receive only the benefits provided under this chapter and based on the eligibility requirements of this chapter. (e) A police officer or firefighter who converted shall contribute six percent (6%) of the salary of a first class patrolman or firefighter to the 1925, 1937, or 1953 fund. This amount shall be deducted from his salary each pay period by the disbursing officer of the employer. Contributions under this subsection may not be refunded. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.134; P.L.22-1998, SEC.18. IC 36-8-8-10 Eligibility for retirement; initiation of benefits; election to receive actuarially reduced benefits Sec. 10. (a) A fund member is eligible for retirement after he has completed twenty (20) years of active service. (b) Unless the member is receiving benefits under subsection (c), unreduced benefits to a retired fund member begin the date: (1) the fund member becomes fifty-two (52) years of age; or (2) on which the fund member retires; whichever is later. Benefit payments to a retired fund member under this subsection begin on the first day of the month on or after the date he reaches fifty-two (52) years of age or on which he retires, whichever is later. (c) A retired member may elect to receive actuarially reduced benefits that begin the date: (1) the fund member becomes fifty (50) years of age; or (2) on which the fund member retires; whichever is later. Benefit payments to a retired fund member under this subsection begin on the first day of the month on or after the day the member reaches fifty (50) years of age or on which the member retires, whichever is later. (d) If a fund member: (1) becomes fifty-two (52) years of age in the case of unreduced benefits or fifty (50) years of age in the case of reduced benefits; or (2) retires on a date other than on the first day of the month; the amount due the fund member for the initial partial monthly benefit is payable together with the regular monthly benefit on the first of the month following the date the fund member becomes fifty-two (52) or fifty (50) years of age, respectively, or retires, whichever is later. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.232-1997, SEC.1; P.L.22-1998, SEC.19. IC 36-8-8-11 Computation of retirement benefits; actuarially reduced benefits Sec. 11. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) Except as provided in section 24 of this chapter, each fund member who qualifies for a retirement benefit payment under section 10(b) of this chapter is entitled to receive a monthly benefit equal to fifty percent (50%) of the monthly salary of a first class patrolman or firefighter in the year the member ended his active service plus: (1) for a member who retires before January 1, 1986, two percent (2%) of that salary for each full year of active service; or (2) for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of active service; over twenty (20) years, to a maximum of twelve (12) years. (c) Each fund member who qualifies for a retirement benefit payment under section 10(c) of this chapter is entitled to receive a monthly benefit equal to fifty percent (50%) of the monthly salary of a first class patrolman or firefighter in the year the member ended the member's active service plus one percent (1%) of that salary for each six (6) months of active service over twenty (20) years, to a maximum of twelve (12) years, all actuarially reduced for each month (if any) of benefit payments prior to fifty-two (52) years of age, by a factor established by the fund's actuary from time to time. As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.342-1985, SEC.6; P.L.55-1989, SEC.62; P.L.22-1998, SEC.20; P.L.99-2010, SEC.12. IC 36-8-8-11.5 Reemployment after retirement Sec. 11.5. (a) Not less than thirty (30) days after a fund member retires from a position covered by this chapter, the fund member may: (1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter; and (2) continue to receive the fund member's retirement benefit under this chapter. (b) This section may be implemented unless the PERF board receives from the Internal Revenue Service a determination that prohibits the implementation. As added by P.L.130-2008, SEC.7. IC 36-8-8-12 Benefits for members with covered impairments; retirement benefits for members who have a disability and are less than 52 years old Sec. 12. (a) Benefits paid under this section are subject to sections 2.5 and 2.6 of this chapter. (b) If an active fund member has a covered impairment, as determined under sections 12.3 through 13.1 of this chapter, the member is entitled to receive the benefit prescribed by section 13.3 or 13.5 of this chapter. A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund. (c) If a retired fund member who has not yet reached the member's fifty-second birthday is found by the PERF board to be permanently or temporarily unable to perform all suitable work for which the member is or may be capable of becoming qualified, the member is entitled to receive during the disability the retirement benefit payments payable at fifty-two (52) years of age. During a reasonable period in which a fund member with a disability is becoming qualified for suitable work, the member may continue to receive disability benefit payments. However, benefits payable for disability under this subsection are reduced by amounts for which the fund member is eligible from: (1) a plan or policy of insurance providing benefits for loss of time because of disability; (2) a plan, fund, or other arrangement to which the fund member's employer has contributed or for which the fund member's employer has made payroll deductions, including a group life policy providing installment payments for disability, a group annuity contract, or a pension or retirement annuity plan other than the fund established by this chapter; (3) the federal Social Security Act (42 U.S.C. 401 et seq.), the Railroad Retirement Act (45 U.S.C. 231 et seq.), the United States Department of Veterans Affairs, or another federal, state, local, or other governmental agency; (4) worker's compensation payable under IC 22-3; and (5) a salary or wage, including overtime and bonus pay and extra or additional remuneration of any kind, the fund member receives or is entitled to receive from the member's employer. For the purposes of this subsection, a retired fund member is considered eligible for benefits from subdivisions (1) through (5) whether or not the member has made application for the benefits. (d) Notwithstanding any other law, a plan, policy of insurance, fund, or other arrangement: (1) delivered, issued for delivery, amended, or renewed after April 9, 1979; and (2) described in subsection (c)(1) or (c)(2); may not provide for a reduction or alteration of benefits as a result of benefits for which a fund member may be eligible from the 1977 fund under subsection (c). (e) Time spent receiving disability benefits, not to exceed twenty (20) years, is considered active service for the purpose of determining retirement benefits. A fund member's retirement benefit shall be based on:
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  • IC 36-8-8
         Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund

    IC 36-8-8-1
    Application of chapter
        
    Sec. 1. This chapter applies to:
            (1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981);
            (2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981);
            (3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996;
            (4) a park ranger who:
                (A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
                (B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
                (C) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
            (5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member of the fire department of a consolidated city under IC 36-3-1-6.1, provided that the firefighter's service as a member of the fire department of a consolidated city is considered active service under this chapter;
            (6) except as otherwise provided, a full-time fully paid firefighter who is hired or rehired after the effective date of the consolidation by a consolidated fire department established under IC 36-3-1-6.1;
            (7) a full-time police officer who is covered by this chapter before the effective date of consolidation and becomes a member of the consolidated law enforcement department as part of the consolidation under IC 36-3-1-5.1, provided that the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter; and
            (8) except as otherwise provided, a full-time police officer who is hired or rehired after the effective date of the consolidation by a consolidated law enforcement department established under IC 36-3-1-5.1; except as provided by section 7 of this chapter.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.132; P.L.236-1996, SEC.4; P.L.43-1997, SEC.6; P.L.22-1998, SEC.16; P.L.246-2001, SEC.16; P.L.227-2005, SEC.46.

    IC 36-8-8-2
    "Employer" defined
        
    Sec. 2. As used in this chapter, "employer" means:
            (1) a municipality that established a 1925 or 1953 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
            (2) a unit that established a 1937 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;
            (3) a consolidated city that consolidated the fire departments of units that:
                (A) established a 1937 fund; or
                (B) participated in the 1977 fund;
            before the units' consolidation into the fire department of a consolidated city established by IC 36-3-1-6.1; or
            (4) a consolidated city that establishes a consolidated law enforcement department under IC 36-3-1-5.1.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.227-2005, SEC.47.

    IC 36-8-8-2.1
    "Local board" defined
        
    Sec. 2.1. (a) As used in this chapter, "local board" means the following:
            (1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2.
            (2) For a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3.
            (3) For a consolidated city that established a 1953 fund for its police officers, the local board described in IC 36-8-7.5-2.
            (4) For a unit, other than a consolidated city, that did not establish a 1925 fund for its police officers or a 1937 fund for its firefighters, the local board described in subsection (b) or (c).
        (b) If a unit did not establish a 1925 fund for its police officers, a local board shall be composed in the same manner described in IC 36-8-6-2(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.
        (c) If a unit did not establish a 1937 fund for its firefighters, a local board shall be composed in the same manner described in IC 36-8-7-3(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.
    As added by P.L.236-1996, SEC.5.
    IC 36-8-8-2.5
    Qualification of 1977 fund under Internal Revenue Code
        
    Sec. 2.5. (a) As used in this chapter, "Internal Revenue Code":
            (1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or
            (2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.
        (b) The 1977 fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the 1977 fund. In order to meet those requirements, the 1977 fund is subject to the following provisions, notwithstanding any other provision of this chapter:
            (1) The PERF board shall distribute the corpus and income of the 1977 fund to members and their beneficiaries in accordance with this chapter.
            (2) No part of the corpus or income of the 1977 fund may be used or diverted to any purpose other than the exclusive benefit of the members and their beneficiaries.
            (3) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits any member would otherwise receive under this chapter.
            (4) If the 1977 fund is terminated, or if all contributions to the 1977 fund are completely discontinued, the rights of each affected member to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.
            (5) All benefits paid from the 1977 fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the 1977 fund is subject to the following provisions:
                (A) The life expectancy of a member, the member's spouse, or the member's beneficiary shall not be recalculated after the initial determination, for purposes of determining benefits.
                (B) If a member dies before the distribution of the member's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died.
                (C) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of the Internal Revenue Code.
            (6) The PERF board may not:
                (A) determine eligibility for benefits;
                (B) compute rates of contribution; or
                (C) compute benefits of members or beneficiaries;
            in a manner that discriminates in favor of members who are considered officers, supervisors, or highly compensated, as

    prohibited under Section 401(a)(4) of the Internal Revenue Code.
            (7) Benefits paid under this chapter may not exceed the maximum benefit specified by Section 415 of the Internal Revenue Code.
            (8) The salary taken into account under this chapter may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.
            (9) The trustee may not engage in a transaction prohibited by Section 503(b) of the Internal Revenue Code.
    As added by P.L.55-1989, SEC.61.

    IC 36-8-8-2.6
    Administration of fund
        
    Sec. 2.6. The 1977 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.43.

    IC 36-8-8-3
    Participation by units
        
    Sec. 3. (a) If a town establishes a board of metropolitan police commissioners, or if a town becomes a city, the municipality shall participate in the 1977 fund. However, if a police officer or former marshal is a member of the public employees' retirement fund, he may continue as a member of that fund instead of the 1977 fund. Notwithstanding the age requirements under section 7(a) of this chapter, a police officer or former marshal employed by a municipality at the time the municipality enters the 1977 fund under this section shall be a member of the 1977 fund unless the police officer or former marshal elects to continue as a member of the public employees' retirement fund. A person may become a member of the 1977 fund under this subsection without meeting the age limitation under section 7(a) of this chapter only if the person 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 PERF board under section 19 of this chapter; and
                (B) in effect on the date the person becomes a member of the 1977 fund.
    Credit for prior service of a person who becomes a member of the 1977 fund under this subsection 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.
        (b) If a unit did not establish a 1937 fund for its firefighters, the unit may participate in the public employees' retirement fund or it may participate in the 1977 fund. If a unit established a 1937 fund for

    its firefighters, the unit is and shall remain a participant in the 1977 fund.
        (c) A unit that:
            (1) has not established a pension fund for its firefighters; or
            (2) is participating in the public employees' retirement fund under subsection (b);
    may participate in the 1977 fund upon approval by the fiscal body, notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund under this subsection must comply with section 21 of this chapter. However, if a firefighter is a member of the public employees' retirement fund, the firefighter may continue as a member of that fund instead of the 1977 fund.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.313-1989, SEC.1; P.L.213-1995, SEC.6; P.L.236-1996, SEC.6; P.L.101-1998, SEC.1; P.L.195-1999, SEC.32.

    IC 36-8-8-4
    Creation of fund; management by PERF board; fund advisory committee; membership; term
        
    Sec. 4. (a) There is established a police officers' and firefighters' pension and disability fund to be known as the 1977 fund. The 1977 fund consists of fund member and employer contributions, plus the earnings on them, to be used to make benefit payments to fund members and their survivors in the amounts and under the conditions specified in this chapter.
        (b) The board of trustees of the public employees' retirement fund (referred to in this chapter as the "PERF board") shall administer the 1977 fund, which may be commingled with the public employees' retirement fund for investment purposes. All actuarial data shall be computed on the total membership of the fund, and the cost of participation is the same for all employers in the fund. The fund member and employer contributions shall be recorded separately for each employer.
        (c) The 1977 fund advisory committee, referred to as the committee, is established. The PERF board shall consult with the committee on matters pertaining to the administration of this chapter and IC 5-10.3-11. The committee shall consist of the following members appointed by the governor every two (2) years for a term of two (2) years:
            (1) Two (2) firefighters:
                (A) each of whom must be an active or retired member of the 1937 fund or the 1977 fund; and
                (B) neither of whom may be in an upper level policymaking position.
            (2) Two (2) police officers:
                (A) each of whom must be an active or retired member of the 1925 fund, the 1953 fund, or the 1977 fund; and
                (B) neither of whom may be in an upper level policymaking position.
            (3) Two (2) members, each of whom must be an executive of an

    employer.
            (4) Two (2) members, each of whom must be a member of the legislative body of an employer.
    The term of each member begins on July 1 following appointment and continues until his successor is qualified. A member of the committee who no longer holds the position that qualified him for appointment under subdivision (1), (2), (3), or (4) forfeits his membership on the committee. The governor shall appoint a person to fill a vacancy on the committee for the remainder of the unexpired term.
        (d) Each member of the committee who is not a state employee is entitled to reimbursement for expenses actually incurred in connection with the member's duties. Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as approved by the PERF board.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.201-1984, SEC.1; P.L.342-1985, SEC.5; P.L.119-2000, SEC.8.

    IC 36-8-8-5
    PERF board; powers and duties; appeals; confidentiality of fund records
        
    Sec. 5. (a) The PERF board shall:
            (1) determine eligibility for and make payments of benefits, except as provided in section 12 of this chapter;
            (2) in accordance with the powers and duties granted it in IC 5-10.3-3-7, IC 5-10.3-3-8, and IC 5-10.3-5-3 through IC 5-10.3-5-6, administer the 1977 fund;
            (3) provide by rule for the implementation of this chapter; and
            (4) authorize deposits.
        (b) A determination by the PERF board may be appealed under the procedures in IC 4-21.5.
        (c) The powers and duties of the director and the actuary of the PERF board, the attorney general, and the auditor of state, with respect to the 1977 fund, are those specified in IC 5-10.3-3 and IC 5-10.3-4.
        (d) The PERF board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter.
        (e) The 1977 fund records of individual members and membership information are confidential, except for the name and years of service of a 1977 fund member.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.5-1988, SEC.219; P.L.5-1990, SEC.21; P.L.94-2004, SEC.8; P.L.99-2010, SEC.11.

    IC 36-8-8-6
    Employer contributions
        
    Sec. 6. (a) Each employer shall annually on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, pay into the 1977 fund an amount determined by the

    PERF board:
            (1) for administration expenses; and
            (2) sufficient to maintain level cost funding during the period of employment on an actuarial basis for members hired after April 30, 1977.
        (b) If an employer fails to make the payments required by subsection (a) or fails to send the fund members' contributions required by section 8(a) of this chapter, the amount payable, on request of the PERF board, may be withheld by the auditor of state from money payable to the employer and transferred to the fund. In the alternative, the amount payable may be recovered in the circuit or superior court of the county in which the employer is located, in an action by the state on the relation of the PERF board, prosecuted by the attorney general.
    As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1982, P.L.33, SEC.39.

    IC 36-8-8-7
    Membership in fund
        
    Sec. 7. (a) Except as provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m):
            (1) a police officer; or
            (2) a firefighter;
    who is less than thirty-six (36) years of age and who passes the baseline statewide physical and mental examinations required under section 19 of this chapter shall be a member of the 1977 fund and is not a member of the 1925 fund, the 1937 fund, or the 1953 fund.
        (b) A police officer or firefighter with service before May 1, 1977, who is hired or rehired after April 30, 1977, may receive credit under this chapter for service as a police officer or firefighter prior to entry into the 1977 fund if the employer who rehires the police officer or firefighter chooses to contribute to the 1977 fund the amount necessary to amortize the police officer's or firefighter's prior service liability over a period of not more than forty (40) years, the amount and the period to be determined by the PERF board. If the employer chooses to make the contributions, the police officer or firefighter is entitled to receive credit for the police officer's or firefighter's prior years of service without making contributions to the 1977 fund for that prior service. In no event may a police officer or firefighter receive credit for prior years of service if the police officer or firefighter is receiving a benefit or is entitled to receive a benefit in the future from any other public pension plan with respect to the prior years of service.
        (c) Except as provided in section 18 of this chapter, a police officer or firefighter is entitled to credit for all years of service after April 30, 1977, with the police or fire department of an employer covered by this chapter.
        (d) A police officer or firefighter with twenty (20) years of service does not become a member of the 1977 fund and is not covered by this chapter, if the police officer or firefighter:         (1) was hired before May 1, 1977;
            (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981); and
            (3) is rehired after April 30, 1977, by the same employer.
        (e) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter:
            (1) was hired before May 1, 1977;
            (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were 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, 1937, or 1953 fund.
        (f) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter:
            (1) was hired by the police or fire department of a unit before May 1, 1977;
            (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981);
            (3) is rehired by the police or fire department of another unit after December 31, 1981; and
            (4) is made, by the fiscal body of the other unit after December 31, 1981, a member of a 1925, 1937, or 1953 fund of the other unit.
    If the police officer or firefighter is made a member of a 1925, 1937, or 1953 fund, the police officer or firefighter is entitled to receive credit for all the police officer's or firefighter's years of service, including years before January 1, 1982.
        (g) As used in this subsection, "emergency medical services" and "emergency medical technician" have the meanings set forth in IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
            (1) is employed by a unit that is participating in the 1977 fund;
            (2) was employed as an emergency medical technician by a political subdivision wholly or partially within the department's jurisdiction;
            (3) was a member of the public employees' retirement fund during the employment described in subdivision (2); and
            (4) ceased employment with the political subdivision and was hired by the unit's fire department due to the reorganization of emergency medical services within the department's jurisdiction;
    shall participate in the 1977 fund. A firefighter who participates in the 1977 fund under this subsection is subject to sections 18 and 21 of this chapter.
        (h) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the individual was appointed as:
            (1) a fire chief under a waiver under IC 36-8-4-6(c); or         (2) a police chief under a waiver under IC 36-8-4-6.5(c);
    unless the executive of the unit requests that the 1977 fund accept the individual in the 1977 fund and the individual previously was a member of the 1977 fund.
        (i) A police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996, is a member of the 1977 fund.
        (j) A park ranger who:
            (1) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;
            (2) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and
            (3) is employed by the parks department of a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
    is a member of the fund.
        (k) Notwithstanding any other provision of this chapter, a police officer or firefighter:
            (1) who is a member of the 1977 fund before a consolidation under IC 36-3-1-5.1 or IC 36-3-1-6.1;
            (2) whose employer is consolidated into the consolidated law enforcement department or the fire department of a consolidated city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
            (3) who, after the consolidation, becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
    is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.
        (l) Notwithstanding any other provision of this chapter, if:
            (1) before a consolidation under IC 8-22-3-11.6, a police officer or firefighter provides law enforcement services or fire protection services for an entity in a consolidated city;
            (2) the provision of those services is consolidated into the law enforcement department or fire department of a consolidated city; and
            (3) after the consolidation, the police officer or firefighter becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 8-22-3-11.6;
    the police officer or firefighter is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.
        (m) A police officer or firefighter who is a member of the 1977 fund under subsection (k) or (l) may not be:
            (1) retired for purposes of section 10 of this chapter; or
            (2) disabled for purposes of section 12 of this chapter;
    solely because of a change in employer under the consolidation. As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.9; Acts 1982, P.L.33, SEC.40; P.L.365-1983, SEC.1; P.L.202-1984, SEC.1; P.L.38-1986, SEC.6; P.L.55-1987, SEC.5; P.L.3-1990, SEC.133; P.L.4-1990, SEC.18; P.L.4-1992, SEC.44; P.L.2-1993, SEC.204; P.L.213-1995, SEC.7; P.L.236-1996, SEC.7; P.L.43-1997, SEC.7; P.L.22-1998, SEC.17; P.L.246-2001, SEC.17; P.L.227-2005, SEC.48; P.L.1-2006, SEC.575.

    IC 36-8-8-7.2
    Fire chief or police chief transfer of service credit to PERF
        
    Sec. 7.2. (a) This section applies to an individual:
            (1) who becomes a member of the 1977 fund under section 7(h) of this chapter;
            (2) whose appointment as a fire chief or police chief ends after June 30, 2007; and
            (3) who is not eligible to receive a benefit from the 1977 fund at the end of the individual's appointment as a fire chief or police chief.
        (b) A fund member described in subsection (a) may elect:
            (1) to receive the fund member's contributions to the 1977 fund under section 8 of this chapter; or
            (2) to transfer the fund member's service credit earned as a fire chief or police chief to PERF under subsection (c).
        (c) If a fund member makes the election described in subsection (b)(2), the PERF board shall:
            (1) grant to the fund member service credit in PERF for all service earned as a fire chief or police chief in the 1977 fund; and
            (2) transfer from the 1977 fund to PERF:
                (A) the fund member's contributions made during the fund member's appointment as a fire chief or police chief to the 1977 fund; plus
                (B) the present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter.
        (d) The PERF board shall deposit the amounts transferred to PERF under subsection (c) as follows:
            (1) The fund member's contributions to the 1977 fund shall be credited to the fund member's PERF annuity savings account.
            (2) The present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter shall be credited to PERF's retirement allowance account.
        (e) For a fund member who makes the election described in subsection (b)(2), all credit for service as a fire chief or police chief in the 1977 fund is waived.
    As added by P.L.180-2007, SEC.9.

    IC 36-8-8-8
    Employee contributions; lump sum withdrawal on termination of

    employment
        
    Sec. 8. (a) Each fund member shall contribute during the period of the fund member's employment or for thirty-two (32) years, whichever is shorter, an amount equal to six percent (6%) of the salary of a first class patrolman or firefighter. However, the employer may pay all or a part of the contribution for the member. The amount of the contribution, other than contributions paid on behalf of a member, shall be deducted each pay period from each fund member's salary by the disbursing officer of the employer. The employer shall send to the PERF board each year on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, a certified list of fund members and a warrant issued by the employer for the total amount deducted for fund members' contributions.
        (b) Except as provided in section 7.2 of this chapter, if a fund member ends the fund member's employment other than by death or disability before the fund member completes twenty (20) years of active service, the PERF board shall return to the fund member in a lump sum the fund member's contributions plus interest as determined by the PERF board. If the fund member returns to service, the fund member is entitled to credit for the years of service for which the fund member's contributions were refunded if the fund member repays the amount refunded to the fund member in either a lump sum or a series of payments determined by the PERF board.
    As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.10; P.L.312-1989, SEC.4; P.L.180-2007, SEC.10.

    IC 36-8-8-8.3
    Purchase of military service credit
        
    Sec. 8.3. (a) This section applies to a fund member who, after June 30, 2009, completes service for which the 1977 fund gives credit.
        (b) A fund member may purchase not more than two (2) years of service credit for the fund member's service on active duty in the armed services if the fund member meets the following conditions:
            (1) The fund member has at least one (1) year of credited service in the fund.
            (2) The fund member serves on active duty in the armed services of the United States for at least six (6) months.
            (3) The fund member receives an honorable discharge from the armed services.
            (4) Before the fund member retires, the fund member makes contributions to the fund as follows:
                (A) Contributions that are equal to the product of the following:
                    (i) The salary of a first class patrolman or firefighter at the time the fund member actually makes a contribution for the service credit.
                    (ii) A rate, determined by the actuary of the 1977 fund, that is based on the age of the fund member at the time the

    fund member actually makes a contribution for service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased.
                    (iii) The number of years of service credit the fund member intends to purchase.
                (B) Contributions for any accrued interest, at a rate determined by the actuary of the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member.
        (c) A fund member must have at least twenty (20) years of service before a fund member may receive a benefit based on a service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of the service credit purchased under this section.
        (d) A fund member may not receive service credit under this section:
            (1) for service credit received under IC 36-8-5-7; or
            (2) if the military service for which the fund member requests credit also qualifies the fund member for a benefit in a military or another governmental retirement system.
        (e) A fund member who:
            (1) terminates service before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or
            (2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act;
    may withdraw the fund member's contributions made under this section plus accumulated interest after submitting to the fund a properly completed application for a refund.
        (f) The following apply to the purchase of service credit under this section:
            (1) The PERF board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The PERF board shall determine the length of the period during which the payments must be made.
            (2) The PERF board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code.
            (3) A fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit.
        (g) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following:
            (1) A qualified plan described in Section 401(a) or Section

    403(a) of the Internal Revenue Code.
            (2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
            (3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state under Section 457(b) of the Internal Revenue Code.
            (4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code.
        (h) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following:
            (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
            (2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.
    As added by P.L.19-2009, SEC.1.

    IC 36-8-8-8.5
    Purchase of service credit in certain Indiana public retirement funds
        
    Sec. 8.5. (a) This section applies to a fund member who, after June 30, 2010, completes service for which the 1977 fund gives credit.
        (b) As used in this section, "public retirement fund" refers to any of the following, either singly or collectively:
            (1) The public employees' retirement fund (IC 5-10.3).
            (2) The Indiana state teachers' retirement fund (IC 5-10.4).
            (3) The state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund (IC 5-10-5.5).
            (4) The state police pension trust (IC 10-12).
            (5) A sheriff's pension trust (IC 36-8-10-12).
        (c) Subject to this section, a fund member may purchase service credit for the fund member's prior service in a position covered by a public retirement fund.
        (d) To purchase the service credit described in subsection (c), a fund member must meet the following requirements:
            (1) The fund member has at least one (1) year of creditable service in the 1977 fund.
            (2) The fund member has not attained vested status in and is not an active member in the public retirement fund from which the fund member is purchasing service credit.
            (3) Before the fund member retires, the fund member makes contributions to the 1977 fund as follows:
                (A) Contributions that are equal to the product of the following:
                    (i) The salary of a first class patrolman or firefighter at the time the fund member actually makes a contribution for

    the service credit.
                    (ii) A rate, determined by the actuary for the 1977 fund, that is based on the age of the fund member at the time the fund member actually makes a contribution for the service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased.
                    (iii) The number of years of service credit the fund member intends to purchase.
                (B) Contributions for any accrued interest, at a rate determined by the actuary for the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member.
        (e) At the request of the fund member purchasing service credit under this section, the amount a fund member is required to contribute under subsection (d)(3) may be reduced by a trustee to trustee transfer from the public retirement fund in which the fund member has an account that contains amounts attributable to member contributions (plus any credited earnings) to the 1977 fund. The fund member may direct the transfer of an amount only to the extent necessary to fund the service purchase under subsection (d)(3). The fund member shall complete any forms required by the public retirement fund from which the fund member is requesting a transfer or the 1977 fund before the transfer is made.
        (f) A fund member must have at least twenty (20) years of service in the 1977 fund before a fund member may receive a retirement benefit based on service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of the service credit purchased under this section.
        (g) A fund member who:
            (1) terminates employment before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or
            (2) receives a retirement benefit for the same service from another tax supported governmental retirement plan other than the federal Social Security Act;
    may withdraw the fund member's contributions made under this section plus accumulated interest after submitting a properly completed application for a refund to the 1977 fund.
        (h) The following apply to the purchase of service credit under this section:
            (1) The PERF board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The PERF board shall determine the length of the period during which the payments may be made.
            (2) The PERF board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code.
            (3) A fund member may not claim the service credit for

    purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit.
        (i) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following:
            (1) A qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code.
            (2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
            (3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state under Section 457(b) of the Internal Revenue Code.
            (4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code.
        (j) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following:
            (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
            (2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.
        (k) The fund member's employer may pay all or a part of the fund member's contributions required for the purchase of service credit under this section. In that event, the actuary shall determine the amortization, and subsections (g), (h)(1), (h)(3), and (i) do not apply.
    As added by P.L.70-2010, SEC.1.

    IC 36-8-8-8.8
    Purchase of out-of-state service credit
        
    Sec. 8.8. (a) This section applies to a fund member who, after June 30, 2010, completes service for which the 1977 fund gives credit.
        (b) As used in this section, "out-of-state service" means service in another state in a comparable position for which the fund member would receive service credit in the 1977 fund if the service had been performed in Indiana.
        (c) Subject to subsections (d) through (g), a fund member may purchase out-of-state service credit if the fund member meets the following requirements:
            (1) The fund member has at least one (1) year of credited service in the 1977 fund.
            (2) Before the fund member retires, the fund member makes contributions to the 1977 fund as follows:
                (A) Contributions that are equal to the product of the following:
                    (i) The salary of a first class patrolman or firefighter at the

    time the fund member makes a contribution for the service credit.
                    (ii) A rate, determined by the actuary for the 1977 fund, that is based on the age of the fund member at the time the fund member makes a contribution for the service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased.
                    (iii) The number of years of out-of-state service credit the fund member intends to purchase.
                (B) Contributions for any accrued interest, at a rate determined by the actuary for the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member.
            (3) The fund member has received verification from the 1977 fund that the out-of-state service is, as of the date payment is made by the fund member, valid.
        (d) A fund member must have at least twenty (20) years of service before the fund member may receive a benefit based on service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of service credit purchased under this section.
        (e) A fund member may not receive service credit under this section if the service for which the fund member requests credit also qualifies the fund member for a benefit in another governmental retirement system.
        (f) A fund member who:
            (1) terminates service before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or
            (2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act;
    may withdraw the fund member's contributions made under this section plus accumulated interest after submitting to the 1977 fund a properly completed application for a refund.
        (g) The following apply to the purchase of service credit under this section:
            (1) The PERF board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The PERF board shall determine the length of the period during which the payments must be made.
            (2) The PERF board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code.
            (3) The fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit.     (h) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following:
            (1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.
            (2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
            (3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state under Section 457(b) of the Internal Revenue Code.
            (4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code.
        (i) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following:
            (1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.
            (2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.
    As added by P.L.88-2010, SEC.1.

    IC 36-8-8-9
    Conversion from prior fund
        
    Sec. 9. (a) This section applies to all police officers and firefighters who converted their benefits under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981).
        (b) A police officer or firefighter who converted his benefits from a 1925, 1937, or 1953 fund to the benefits and conditions of this chapter is not entitled to receive any benefits from the original fund. However, he is entitled to credit for all years of service for which he would have received credit before his conversion in that original fund.
        (c) A police officer or firefighter who:
            (1) converted his benefits from a 1925, 1937, or 1953 fund;
            (2) retired or became disabled on or before June 30, 1998; and
            (3) is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter;
    shall be treated as a member of this fund for purposes of paying his benefits from the 1977 fund effective for benefits paid on or after October 1, 1998. Prior to October 1, 1998, he remains a member of the original fund entitled to receive only the benefits provided under this chapter based on the eligibility requirements of this chapter.
        (d) A police officer or firefighter who:
            (1) converted his benefits from a 1925, 1937 or 1953 fund;
            (2) who did not retire or become disabled on or before June 30, 1998; and
            (3) who is entitled to receive benefits provided under this

    chapter based on the eligibility requirements of this chapter;
    remains a member of that original fund but is entitled to receive only the benefits provided under this chapter and based on the eligibility requirements of this chapter.
        (e) A police officer or firefighter who converted shall contribute six percent (6%) of the salary of a first class patrolman or firefighter to the 1925, 1937, or 1953 fund. This amount shall be deducted from his salary each pay period by the disbursing officer of the employer. Contributions under this subsection may not be refunded.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.134; P.L.22-1998, SEC.18.

    IC 36-8-8-10
    Eligibility for retirement; initiation of benefits; election to receive actuarially reduced benefits
        
    Sec. 10. (a) A fund member is eligible for retirement after he has completed twenty (20) years of active service.
        (b) Unless the member is receiving benefits under subsection (c), unreduced benefits to a retired fund member begin the date:
            (1) the fund member becomes fifty-two (52) years of age; or
            (2) on which the fund member retires;
    whichever is later. Benefit payments to a retired fund member under this subsection begin on the first day of the month on or after the date he reaches fifty-two (52) years of age or on which he retires, whichever is later.
        (c) A retired member may elect to receive actuarially reduced benefits that begin the date:
            (1) the fund member becomes fifty (50) years of age; or
            (2) on which the fund member retires;
    whichever is later. Benefit payments to a retired fund member under this subsection begin on the first day of the month on or after the day the member reaches fifty (50) years of age or on which the member retires, whichever is later.
        (d) If a fund member:
            (1) becomes fifty-two (52) years of age in the case of unreduced benefits or fifty (50) years of age in the case of reduced benefits; or
            (2) retires on a date other than on the first day of the month;
    the amount due the fund member for the initial partial monthly benefit is payable together with the regular monthly benefit on the first of the month following the date the fund member becomes fifty-two (52) or fifty (50) years of age, respectively, or retires, whichever is later.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.232-1997, SEC.1; P.L.22-1998, SEC.19.

    IC 36-8-8-11
    Computation of retirement benefits; actuarially reduced benefits
        
    Sec. 11. (a) Benefits paid under this section are subject to section 2.5 of this chapter.     (b) Except as provided in section 24 of this chapter, each fund member who qualifies for a retirement benefit payment under section 10(b) of this chapter is entitled to receive a monthly benefit equal to fifty percent (50%) of the monthly salary of a first class patrolman or firefighter in the year the member ended his active service plus:
            (1) for a member who retires before January 1, 1986, two percent (2%) of that salary for each full year of active service; or
            (2) for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of active service;
    over twenty (20) years, to a maximum of twelve (12) years.
        (c) Each fund member who qualifies for a retirement benefit payment under section 10(c) of this chapter is entitled to receive a monthly benefit equal to fifty percent (50%) of the monthly salary of a first class patrolman or firefighter in the year the member ended the member's active service plus one percent (1%) of that salary for each six (6) months of active service over twenty (20) years, to a maximum of twelve (12) years, all actuarially reduced for each month (if any) of benefit payments prior to fifty-two (52) years of age, by a factor established by the fund's actuary from time to time.
    As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.342-1985, SEC.6; P.L.55-1989, SEC.62; P.L.22-1998, SEC.20; P.L.99-2010, SEC.12.

    IC 36-8-8-11.5
    Reemployment after retirement
        
    Sec. 11.5. (a) Not less than thirty (30) days after a fund member retires from a position covered by this chapter, the fund member may:
            (1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter; and
            (2) continue to receive the fund member's retirement benefit under this chapter.
        (b) This section may be implemented unless the PERF board receives from the Internal Revenue Service a determination that prohibits the implementation.
    As added by P.L.130-2008, SEC.7.

    IC 36-8-8-12
    Benefits for members with covered impairments; retirement benefits for members who have a disability and are less than 52 years old
        
    Sec. 12. (a) Benefits paid under this section are subject to sections 2.5 and 2.6 of this chapter.
        (b) If an active fund member has a covered impairment, as determined under sections 12.3 through 13.1 of this chapter, the member is entitled to receive the benefit prescribed by section 13.3 or 13.5 of this chapter. A member who has had a covered impairment

    and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.
        (c) If a retired fund member who has not yet reached the member's fifty-second birthday is found by the PERF board to be permanently or temporarily unable to perform all suitable work for which the member is or may be capable of becoming qualified, the member is entitled to receive during the disability the retirement benefit payments payable at fifty-two (52) years of age. During a reasonable period in which a fund member with a disability is becoming qualified for suitable work, the member may continue to receive disability benefit payments. However, benefits payable for disability under this subsection are reduced by amounts for which the fund member is eligible from:
            (1) a plan or policy of insurance providing benefits for loss of time because of disability;
            (2) a plan, fund, or other arrangement to which the fund member's employer has contributed or for which the fund member's employer has made payroll deductions, including a group life policy providing installment payments for disability, a group annuity contract, or a pension or retirement annuity plan other than the fund established by this chapter;
            (3) the federal Social Security Act (42 U.S.C. 401 et seq.), the Railroad Retirement Act (45 U.S.C. 231 et seq.), the United States Department of Veterans Affairs, or another federal, state, local, or other governmental agency;
            (4) worker's compensation payable under IC 22-3; and
            (5) a salary or wage, including overtime and bonus pay and extra or additional remuneration of any kind, the fund member receives or is entitled to receive from the member's employer.
    For the purposes of this subsection, a retired fund member is considered eligible for benefits from subdivisions (1) through (5) whether or not the member has made application for the benefits.
        (d) Notwithstanding any other law, a plan, policy of insurance, fund, or other arrangement:
            (1) delivered, issued for delivery, amended, or renewed after April 9, 1979; and
            (2) described in subsection (c)(1) or (c)(2);
    may not provide for a reduction or alteration of benefits as a result of benefits for which a fund member may be eligible from the 1977 fund under subsection (c).
        (e) Time spent receiving disability benefits, not to exceed twenty (20) years, is considered active service for the purpose of determining retirement benefits. A fund member's retirement benefit shall be based on:

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