CHAPTER 10. SHERIFF'S DEPARTMENT; MERIT BOARD; PENSIONS
IC 36-8-10
Chapter 10. Sheriff's Department; Merit Board; Pensions
IC 36-8-10-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by Acts 1981, P.L.309, SEC.61.
IC 36-8-10-2
Definitions
Sec. 2. As used in this chapter:
"Board" refers to the sheriff's merit board established under thischapter.
"Department" refers to the sheriff's department of a county.
"Eligible employee" means the sheriff of a county or a countypolice officer.
"Employee beneficiary" means an eligible employee who hascompleted an application to become an employee beneficiary andwho has had the proper deductions made from his wages as requiredin the pension trust agreement.
"Net amount paid into the trust fund from wages of an employeebeneficiary" means the amount of money actually paid in from thewages of the employee beneficiary, plus interest at the rate of threepercent (3%) compounded annually and less a sum including interestat the same rate, paid from the trust fund to the employee beneficiaryor to a governmental fund for the credit or benefit of the employeebeneficiary.
"Pension engineers" means technical consultants qualified tosupervise and assist in the establishment, maintenance, and operationof a pension trust on an actuarially sound basis.
"Trust fund" means the assets of the pension trust and consists ofvoluntary contributions from the department, money paid from thewages of employee beneficiaries, and other payments orcontributions made to the pension trust, including the income andproceeds derived from the investment of them.
"Trustee" refers to the trustee of the pension trust, who may beone (1) or more corporate trustees or the treasurer of the countyserving under bond.
As added by Acts 1981, P.L.309, SEC.61.
IC 36-8-10-3
Sheriff's merit board
Sec. 3. (a) The fiscal body of each county shall, by ordinance,establish a sheriff's merit board to be known as the_________________________ county sheriff's merit board (insertingthe name of the county).
(b) The board consists of five (5) members. Three (3) membersshall be appointed by the sheriff, and two (2) members shall beelected by a majority vote of the members of the county police forceunder procedures established by the sheriff's merit board. However,
no active county police officer may serve on the board.Appointments are for terms of four (4) years or for the remainder ofan unexpired term. Not more than two (2) of the members appointedby the sheriff nor more than one (1) of the members elected by theofficers may belong to the same political party. All members mustreside in the county. All members serve during their respective termsand until their successors have been appointed and qualified. Amember may be removed for cause duly adjudicated by declaratoryjudgment of the circuit court of the county.
(c) As compensation for service, each member of the board isentitled to receive from the county a minimum of fifteen dollars($15) per day for each day, or fraction of a day, that the member isengaged in transacting the business of the board.
(d) As soon as practicable after the members of the board havebeen appointed, they shall meet upon the call of the sheriff andorganize by electing a president and a secretary from among theirmembership. Three (3) members of the board constitute a quorum forthe transaction of business. The board shall hold regular monthlymeetings throughout the year as is necessary to transact the businessof the sheriff's department.
As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1981,P.L.315, SEC.7; P.L.310-1989, SEC.2.
IC 36-8-10-4
County police force; creation; membership; budget and salaries
Sec. 4. (a) A county police force is established in each county.The members are employees of the county, and the sheriff of thecounty shall assign their duties according to law.
(b) The expenses of the county police force are a part of thesheriff's department budget. The board may recommend the numberand salary of the personnel, but the county fiscal body shalldetermine the budget and salaries.
(c) The county shall furnish to the sheriff and his full-time paidcounty police officers the uniforms or other clothing they need toperform their duties. However, after one (1) year of service in thesheriff's department, a sheriff or or county police officer may berequired by the county to furnish and maintain his own uniformclothing upon payment to him by the county of an annual cashallowance of at least two hundred dollars ($200).
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.131-1983,SEC.13.
IC 36-8-10-4.5
Body armor
Sec. 4.5. (a) As used in this section, "body armor" has themeaning set forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a county shall provide an activemember of the department with body armor for the torso. The countyshall replace the body armor for the torso according to thereplacement period recommended by the manufacturer of the body
armor for the torso.
(c) An active member of the department shall not be required tomaintain the body armor for the torso furnished under this sectionfrom any annual cash allowance paid to the member under section4(c) of this chapter.
(d) Body armor for the torso provided by a county under thissection remains the property of the county. The county may sell theproperty when it becomes unfit for use, and all money received shallbe paid into the general fund of the county.
As added by P.L.34-2010, SEC.8.
IC 36-8-10-5
Prison matron; appointment; powers and duties
Sec. 5. (a) Each sheriff shall appoint a prison matron for thecounty. The sheriff shall set the qualifications for that position.Except as provided in subsection (b), the sheriff has complete hiringauthority over the position of prison matron.
(b) A prison matron who was a county police officer appointedunder section 10(b) of this chapter immediately before being hiredas prison matron is entitled to the discipline and removal proceduresunder section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that theperson held before being hired as prison matron; or
(2) removal from the department.
(c) The sheriff may employ assistant prison matrons if necessary.
(d) The prison matron or the prison matron's assistants shallreceive, search, and care for all female prisoners and all boys underfourteen (14) years of age who are committed to or detained in thecounty jail, municipal lockup, or other detention center in the county.
(e) The prison matron and assistant matrons:
(1) are members of the department;
(2) have the powers and duties of members of the department;and
(3) are entitled to the same salary that other members of thedepartment of the same rank, grade, or position are paid.
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.237-1996,SEC.1.
IC 36-8-10-5.5
Chief deputy
Sec. 5.5. (a) Except as provided in subsection (b), the sheriff hascomplete hiring authority over the position of chief deputy.
(b) A chief deputy who was a county police officer appointedunder section 10(b) of this chapter immediately before being hiredas chief deputy is entitled to the discipline and removal proceduresunder section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that theperson held before being hired as chief deputy; or
(2) removal from the department.
As added by P.L.237-1996, SEC.2.
IC 36-8-10-6
Emergencies; appointment of additional deputies and assistants
Sec. 6. (a) A sheriff may appoint additional deputy sheriffs orassistants if an emergency arises that requires them for:
(1) promoting public safety and conserving the peace;
(2) repressing, preventing, and detecting crime; and
(3) apprehending criminals.
(b) The county executive shall determine the number and salariesof deputy sheriffs or assistants to be appointed in an emergency. Theexecutive shall provide compensation and necessary expenses forthem from the general fund of the county without a specificappropriation. Expenses shall be paid after the appointed persons filesworn vouchers with the executive detailing their expenses.
(c) The deputies or assistants have the same powers that sheriffshave under statute.
(d) The deputy sheriffs or assistants must have been bona fideresidents of the county for at least one (1) year before theirappointment. This subsection does not apply to a county having aconsolidated city.
(e) When the emergency ends, the county executive may reducethe number of deputy sheriffs or assistants to the number that thecircumstances require for the public welfare.
As added by Acts 1981, P.L.309, SEC.61.
IC 36-8-10-7
Prisoner meal allowances
Sec. 7. (a) The state examiner of the state board of accounts shallfix the exact amount per meal that the sheriff of each county receivesfor feeding the prisoners in the sheriff's custody. Subject to themaximum meal allowance provided in this section, the stateexaminer shall increase the amount per meal that a sheriff receivesas follows:
(1) Increase the amount per meal by a percentage that does notexceed the percent of increase in the United States Departmentof Labor Consumer Price Index during the year preceding theyear in which an increase is established.
(2) Increase the amount per meal above the amount determinedunder subdivision (1) if the sheriff furnishes to the stateexaminer sufficient documentation to prove that the sheriffcannot provide meals at the amount per meal that is determinedunder subdivision (1).
The amount must be fixed by April 15 each year and takes effectimmediately upon approval. The allowance may not exceed twodollars ($2) per person per meal. The allowance shall be paid out ofthe general fund of the county after the sheriff submits to the countyexecutive an itemized statement, under oath, showing the names ofthe prisoners, the date that each was imprisoned in the county jail,and the number of meals served to each prisoner.
(b) Notwithstanding subsection (a), IC 36-2-13-2.5(b)(4) throughIC 36-2-13-2.5(b)(5), and IC 36-2-13-2.8(b), this subsection applies
to a county having a population of:
(1) more than one hundred seventy thousand (170,000) but lessthan one hundred eighty thousand (180,000); or
(2) more than three hundred thousand (300,000).
A county shall feed the county prisoners through an appropriation inthe usual manner by the county fiscal body. The appropriation shallbe expended by the sheriff under the direction of the countyexecutive. If a county has a population of less than four hundredthousand (400,000), an accounting of the expenditures must be filedmonthly with the county auditor by the fifth day of the monthfollowing the expenditure. If a county has a population of fourhundred thousand (400,000) or more, an accounting of theexpenditures must be filed with the county auditor on the firstMonday of January and the first Monday of July of each year.Neither the sheriff nor the sheriff's officers, deputies, and employeesmay make a profit as a result of the appropriation.
As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1982,P.L.215, SEC.1; P.L.227-1991, SEC.1; P.L.12-1992, SEC.173;P.L.83-1993, SEC.3; P.L.230-1996, SEC.2; P.L.170-2002, SEC.163.
IC 36-8-10-8
Reinstatement of sheriff following expiration of term of office
Sec. 8. A member of the department who becomes sheriff eitherby election or by appointment shall, upon the expiration of his termand upon his written application, be appointed by the board to therank in the department that he held at the time of his election orappointment as sheriff, if there is a vacancy in the department.However, if the sheriff during his tenure of office has qualified inaccordance with the promotion procedure prescribed by the board inits rules for a rank in the department that is higher than the rank hepreviously held, the board shall, upon the expiration of his term assheriff, appoint him to the rank for which he has qualified under thepromotion procedure if there is a vacancy in that rank.
As added by Acts 1981, P.L.309, SEC.61.
IC 36-8-10-9
Powers and duties of members of department
Sec. 9. (a) Each member of the department:
(1) has general police powers;
(2) shall arrest, without process, all persons who commit anoffense within his view, take them before the court havingjurisdiction, and detain them in custody until the cause of thearrest has been investigated;
(3) shall suppress all breaches of the peace within hisknowledge, with authority to call to his aid the power of thecounty;
(4) shall pursue and commit to the jail of the county all felons;
(5) may execute all process directed to the sheriff by legalauthority;
(6) shall attend upon and preserve order in all courts of the
county;
(7) shall guard prisoners in the county jail;
(8) shall serve all process directed to the sheriff from a court orfrom the county executive according to law; and
(9) shall take photographs, fingerprints, and other identificationdata as shall be prescribed by the sheriff of persons taken intocustody for felonies or misdemeanors.
(b) A person who:
(1) refuses to be photographed;
(2) refuses to be fingerprinted;
(3) withholds information; or
(4) gives false information;
as prescribed in subsection (a)(9), commits a Class C misdemeanor.
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.344-1983,SEC.2.
IC 36-8-10-10
Police officers; classification of ranks, grades, and positions;appointments
Sec. 10. (a) Except for the position of chief deputy, the positionof prison matron, and in a county with a population of more thanfifty thousand (50,000), temporary administrative ranks or positionsestablished and appointed by the sheriff, the sheriff, with theapproval of the board, shall establish a classification of ranks, grades,and positions for county police officers in the department. For eachrank, grade, and position established, the sheriff, with the approvalof the board, shall:
(1) set reasonable standards of qualifications; and
(2) fix the prerequisites of:
(A) training;
(B) education; and
(C) experience.
(b) The sheriff, with the approval of the board, shall devise andadminister examinations designed to test applicants for thequalifications required for the respective ranks, grades, or positions.After these examinations, the sheriff and the board shall jointlyprepare a list naming only those applicants who, in the opinion ofboth the sheriff and the board, best meet the prescribed standards andprerequisites. The sheriff appoints county police officers but onlyfrom among the persons whose names appear on this list. All countypolice officers appointed to the department under this chapter are onprobation for a period of one (1) year from the date of appointment.
(c) In a county with a population of more than fifty thousand(50,000), the sheriff may:
(1) establish a temporary administrative rank or position withinthe county police department; and
(2) appoint a county police officer that has served as a countypolice officer for at least five (5) years to and remove a countypolice officer from a temporary administrative rank or position;
without the approval of the board. Any temporary administrative
rank or position established pursuant to this section shall notdiminish or reduce the number and classifications of the existingmerit ranks within the county police department. A county policeofficer appointed under this subsection must have served as a countypolice officer in the county police department for at least five (5)years before the appointment. A county police officer retains therank, grade, or position awarded under subsection (b) while servingin a temporary administrative rank or position. This subsection maynot be construed to limit, modify, annul, or otherwise affect acollective bargaining agreement.
(d) In a county with a population of more than fifty thousand(50,000), the sheriff, with the approval of the board, shall establishwritten rules and regulations governing the discipline of countypolice officers. Rules and regulations established by a sheriff underthis subsection must conform to the disciplinary procedure requiredby section 11 of this chapter.
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.131-1983,SEC.14; P.L.314-1989, SEC.1; P.L.237-1996, SEC.3; P.L.270-1999,SEC.1; P.L.14-2000, SEC.83.
IC 36-8-10-10.4
County police force; preference for employment
Sec. 10.4. (a) Subject to subsection (c), the board shall give apreference for employment according to the following priority:
(1) A war veteran who has been honorably discharged from theUnited States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference foremployment to any of the following:
(1) A member of another department laid off under section 11.1of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(c) A person described in subsection (a) or (b) may not receive apreference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department.
As added by P.L.95-2003, SEC.2. Amended by P.L.110-2010,SEC.36.
IC 36-8-10-10.5
Repealed
(Repealed by P.L.311-1983, SEC.49.)
IC 36-8-10-10.6 Special deputies with powers of law enforcement officer;appointment; qualifications; duties
Sec. 10.6. (a) The sheriff may appoint as a special deputy anyperson who is employed by a governmental entity as defined inIC 35-41-1 or private employer, the nature of which employmentnecessitates that the person have the powers of a law enforcementofficer. During the term of his appointment and while he is fulfillingthe specific responsibilities for which the appointment is made, aspecial deputy has the powers, privileges, and duties of a countypolice officer under this chapter, subject to any written limitationsand specific requirements imposed by the sheriff and signed by thespecial deputy. A special deputy is subject to the direction of thesheriff and shall obey the rules and orders of the department. Aspecial deputy may be removed by the sheriff at any time, withoutnotice and without assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education,and experience for special deputies, subject to the minimumrequirements prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanorinvolving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance oftheir authorized duties.
(c) Except as provided in subsection (d), a special deputy shallwear a uniform the design and color of which is easilydistinguishable from the uniforms of the Indiana state police, theregular county police force, and all municipal police and fire forceslocated in the county.
(d) The sheriff may permit a special deputy to wear the uniformof the regular county police force if the special deputy:
(1) has successfully completed the minimum basic trainingrequirements under IC 5-2-1;
(2) is periodically assigned by the sheriff to duties of a regularcounty police officer; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear theuniform of the regular county police force at any time without causeor notice.
(e) The sheriff may also appoint one (1) legal deputy, who mustbe a member of the Indiana bar. The legal deputy does not havepolice powers. The legal deputy may continue to practice law.However, neither the legal deputy nor any attorney in partnershipwith him may represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the countyjail:
(1) in counties not having a consolidated city, may appointspecial deputies to serve as county jail guards; and
(2) in counties having a consolidated city, shall appoint onlyspecial deputies to serve as county jail guards.This subsection does not affect the rights or liabilities accrued by anycounty police officer assigned to guard the jail before August 31,1982.
As added by P.L.311-1983, SEC.45. Amended by P.L.48-1987,SEC.2.
IC 36-8-10-11
Police officers; discipline and removal; hearings; notice; appeal;specific findings; final judgment; venue
Sec. 11. (a) The sheriff may dismiss, demote, or temporarilysuspend a county police officer for cause after preferring charges inwriting and after a fair public hearing before the board, which isreviewable in the circuit court. Written notice of the charges andhearing must be delivered by certified mail to the officer to bedisciplined at least fourteen (14) days before the date set for thehearing. The officer may be represented by counsel. The board shallmake specific findings of fact in writing to support its decision.
(b) The sheriff may temporarily suspend an officer with orwithout pay for a period not exceeding fifteen (15) days, without ahearing before the board, after preferring charges of misconduct inwriting delivered to the officer.
(c) A county police officer may not be dismissed, demoted, ortemporarily suspended because of political affiliation nor after theofficer's probationary period, except as provided in this section. Anofficer may:
(1) be a candidate for elective office and serve in that office ifelected;
(2) be appointed to an office and serve in that office ifappointed; and
(3) except when in uniform or on duty, solicit votes orcampaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuitcourt for hearings under this section. An officer on probation may bedismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing incourt, within thirty (30) days after the date the decision is rendered,a verified complaint stating in a concise manner the general natureof the charges against the officer, the decision of the board, and ademand for the relief asserted by the officer. A bond must also befiled that guarantees the appeal will be prosecuted to a finaldetermination and that the plaintiff will pay all costs only if the courtfinds that the board's decision should be affirmed. The bond must beapproved as bonds for costs are approved in other cases. The countymust be named as the sole defendant and the plaintiff shall have asummons issued as in other cases against the county. Neither theboard nor the members of it may be made parties defendant to thecomplaint, but all are bound by service upon the county and thejudgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall beheard de novo only upon any new issues related to the charges upon
which the decision of the board was made. Within ten (10) days afterthe service of summons, the board shall file in court a completewritten transcript of all papers, entries, and other parts of the recordrelating to the particular case. Inspection of these documents by theperson affected, or by the person's agent, must be permitted by theboard before the appeal is filed, if requested. The court shall reviewthe record and decision of the board on appeal.
(g) The court shall make specific findings and state theconclusions of law upon which its decision is made. If the court findsthat the decision of the board appealed from should in all things beaffirmed, its judgment should so state. If the court finds that thedecision of the board appealed from should not be affirmed in allthings, then the court shall make a general finding, setting outsufficient facts to show the nature of the proceeding and the court'sdecision on it. The court shall either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by eitherparty. Upon the final disposition of the appeal by the courts, the clerkshall certify and file a copy of the final judgment of the court to theboard, which shall conform its decisions and records to the order andjudgment of the court. If the decision is reversed or modified, thenthe board shall pay to the party entitled to it any salary or wageswithheld from the party pending the appeal and to which the party isentitled under the judgment of the court.
(i) Either party shall be allowed a change of venue from the courtor a change of judge in the same manner as such changes are allowedin civil cases. The rules of trial procedure govern in all matters ofprocedure upon the appeal that are not otherwise provided for by thissection.
(j) An appeal takes precedence over other pending litigation andshall be tried and determined by the court as soon as practical.
As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1981,P.L.315, SEC.9; P.L.347-1985, SEC.1; P.L.350-1987, SEC.1;P.L.197-1988, SEC.1; P.L.265-1993, SEC.5.
IC 36-8-10-11.1
Reinstatement following layoffs
Sec. 11.1. (a) As used in this section, "appointing authority"means the sheriff and the board.
(b) If it is necessary for the appointing authority to reduce thenumber of members of the department by layoff for financialreasons, the last member appointed to the department must be thefirst to be laid off. Additional members must be laid off in reversehiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of thedepartment who have been laid off under this section must bereinstated before any new member is appointed to the department.The last member to be laid off from the department must be the firstto be reinstated. Additional members must be reinstated in reverse of
the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authorityadvised of the member's current address. The appointing authorityshall inform a member of the member's reinstatement by writtennotice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date noticeof reinstatement is sent under subsection (d), the member mustadvise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specifiedin the notice.
(f) All reinstatement rights granted to a member under this sectionterminate on the earlier of:
(1) the date the member fails to accept reinstatement within thetime specified in subsection (e); or
(2) five (5) years after the date on which a member's layoffbegins.
As added by P.L.270-1999, SEC.2. Amended by P.L.56-2010, SEC.2.
IC 36-8-10-11.5
"Care" defined; payments for care
Sec. 11.5. (a) As used in this section, "care" includes:
(1) medical and surgical care;
(2) medicines and laboratory, curative, and palliative agents andmeans;
(3) X-ray, diagnostic, and therapeutic service, including serviceduring the recovery period; and
(4) hospital and special nursing care if the physician or surgeonin charge considers it necessary for proper recovery.
(b) After deducting expenditures paid by an insurance or worker'scompensation program, a county shall pay for the care of thefollowing persons:
(1) A county police officer who:
(A) suffers an injury; or
(B) contracts an illness;
while the officer is on duty or while the officer is off duty andis responding to an offense or a reported offense.
(2) A jail employee who:
(A) suffers an injury; or
(B) contracts an illness;
while the employee is on duty.
(c) Expenditures required by subsection (b) shall be paid from thegeneral fund of the county.
As added by P.L.228-1991, SEC.1.
IC 36-8-10-12
Pension trust
Sec. 12. (a) The department and a trustee may establish andoperate an actuarially sound pension trust as a retirement plan for theexclusive benefit of the employee beneficiaries. However, a
department and a trustee may not establish or modify a retirementplan after June 30, 1989, without the approval of the county fiscalbody which shall not reduce or diminish any benefits of theemployee beneficiaries set forth in any retirement plan that was ineffect on January 1, 1989.
(b) The normal retirement age may be earlier but not later than theage of seventy (70). However, the sheriff may retire an employeewho is otherwise eligible for retirement if the board finds that theemployee is not physically or mentally capable of performing theemployee's duties.
(c) Joint contributions shall be made to the trust fund:
(1) either by:
(A) the department through a general appropriation providedto the department;
(B) a line item appropriation directly to the trust fund; or
(C) both; and
(2) by an employee beneficiary through authorized monthlydeductions from the employee beneficiary's salary or wages.However, the employer may pay all or a part of the contributionfor the employee beneficiary.
Contributions through an appropriation are not required for plansestablished or modifications adopted after June 30, 1989, unless theestablishment or modification is approved by the county fiscal body.
(d) For a county not having a consolidated city, the monthlydeductions from an employee beneficiary's wages for the trust fundmay not exceed six percent (6%) of the employee beneficiary'saverage monthly wages. For a county having a consolidated city, themonthly deductions from an employee beneficiary's wages for thetrust fund may not exceed seven percent (7%) of the employeebeneficiary's average monthly wages.
(e) The minimum annual contribution by the department must besufficient, as determined by the pension engineers, to preventdeterioration in the actuarial status of the trust fund during that year.If the department fails to make minimum contributions for three (3)successive years, the pension trust terminates and the trust fund shallbe liquidated.
(f) If during liquidation all expenses of the pension trust are paid,adequate provision must be made for continuing pension paymentsto retired persons. Each employee beneficiary is entitled to receivethe net amount paid into the trust fund from the employeebeneficiary's wages, and any remaining sum shall be equitablydivided among employee beneficiaries in proportion to the netamount paid from their wages into the trust fund.
(g) If a person ceases to be an employee beneficiary because ofdeath, disability, unemployment, retirement, or other reason, theperson, the person's beneficiary, or the person's estate is entitled toreceive at least the net amount paid into the trust fund from theperson's wages, either in a lump sum or monthly installments not lessthan the person's pension amount.
(h) If an employee beneficiary is retired for old age, the employee
beneficiary is entitled to receive a monthly income in the properamount of the employee beneficiary's pension during the employeebeneficiary's lifetime.
(i) To be entitled to the full amount of the employee beneficiary'spension classification, an employee beneficiary must havecontributed at least twenty (20) years of service to the departmentbefore retirement. Otherwise, the employee beneficiary is entitled toreceive a pension proportional to the length of the employeebeneficiary's service.
(j) This subsection does not apply to a county that adopts anordinance under section 12.1 of this chapter. For an employeebeneficiary who retires before January 1, 1985, a monthly pensionmay not exceed by more than twenty dollars ($20) one-half (1/2) theamount of the average monthly wage received during the highest paidfive (5) years before retirement. However, in counties where thefiscal body approves the increases, the maximum monthly pensionfor an employee beneficiary who retires after December 31, 1984,may be increased by no more or no less than two percent (2%) of thataverage monthly wage for each year of service over twenty (20)years to a maximum of seventy-four percent (74%) of that averagemonthly wage plus twenty dollars ($20). For the purposes ofdetermining the amount of an increase in the maximum monthlypension approved by the fiscal body for an employee beneficiarywho retires after December 31, 1984, the fiscal body may determinethat the employee beneficiary's years of service include the years ofservice with the sheriff's department that occurred before theeffective date of the pension trust. For an employee beneficiary whoretires after June 30, 1996, the average monthly wage used todetermine the employee beneficiary's pension benefits may notexceed the monthly minimum salary that a full-time prosecutingattorney was entitled to be paid by the state at the time the employeebeneficiary retires.
(k) The trust fund may not be commingled with other funds,except as provided in this chapter, and may be invested only inaccordance with statutes for investment of trust funds, includingother investments that are specifically designated in the trustagreement.
(l) The trustee receives and holds as trustee all money paid to it astrustee by the department, the employee beneficiaries, or by otherpersons for the uses stated in the trust agreement.
(m) The trustee shall engage pension engineers to supervise andassist in the technical operation of the pension trust in order thatthere is no deterioration in the actuarial status of the plan.
(n) Within ninety (90) days after the close of each fiscal year, thetrustee, with the aid of the pension engineers, shall prepare and filean annual report with the department. The report must include thefollowing:
(1) Schedule 1. Receipts and disbursements.
(2) Schedule 2. Assets of the pension trust listing investmentsby book value and current market value as of the end of the
fiscal year.
(3) Schedule 3. List of terminations, showing the cause andamount of refund.
(4) Schedule 4. The application of actuarially computed"reserve factors" to the payroll data properly classified for thepurpose of computing the reserve liability of the trust fund as ofthe end of the fiscal year.
(5) Schedule 5. The application of actuarially computed"current liability factors" to the payroll data properly classifiedfor the purpose of computing the liability of the trust fund as ofthe end of the fiscal year.
(o) No part of the corpus or income of the trust fund may be usedor diverted to any purpose other than the exclusive benefit of themembers and the beneficiaries of the members.
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.203-1984,SEC.1; P.L.38-1986, SEC.7; P.L.313-1989, SEC.4; P.L.312-1989,SEC.5; P.L.267-1993, SEC.1; P.L.152-1994, SEC.2; P.L.230-1996,SEC.3; P.L.233-1997, SEC.1; P.L.40-1997, SEC.10; P.L.234-1997,SEC.1; P.L.253-1997(ss), SEC.32; P.L.173-2007, SEC.46.
IC 36-8-10-12.1
Maximum monthly pension
Sec. 12.1. (a) This section applies to an employee beneficiarywho:
(1) retires after June 30, 1997; and
(2) served in a county that has adopted an ordinance stating thatthe maximum monthly pension for an employee beneficiarywho retires after June 30, 1997, shall be determined under thissection instead of section 12(j) of this chapter.
(b) As used in this section, "average monthly wage" means thelesser of:
(1) the average monthly wage received by the employeebeneficiary during the highest paid three (3) years beforeretirement; or
(2) the monthly minimum salary that a full-time prosecutingattorney is entitled to be paid by the state at the time theemployee beneficiary retires.
(c) Except as provided in subsection (d), an employeebeneficiary's monthly pension may not exceed twenty dollars ($20)plus one-half (1/2) the amount of the average monthly wage.
(d) The fiscal body of a county may approve an increase in themaximum monthly pension for an employee beneficiary. Themaximum monthly pension may:
(1) be increased by one percent (1%) of the average monthlywage for each six (6) months of service after twenty (20) years;and
(2) not exceed seventy-four percent (74%) of the averagemonthly wage plus twenty dollars ($20).
As added by P.L.233-1997, SEC.2.
IC 36-8-10-12.2
Deferred retirement option plan (DROP)
Sec. 12.2. (a) This section applies to a county that adopts adeferred retirement option plan as part of its retirement plan underthis chapter.
(b) As used in this section, "DROP" refers to a deferred retirementoption plan established under this section.
(c) As used in this section, "DROP frozen benefit" refers to amonthly pension benefit calculated under the provisions of aretirement plan established under this chapter based on the employeebeneficiary's:
(1) salary; and
(2) years of service;
on the date the employee beneficiary enters the DROP.
(d) As used in this section, "maximum years of service" refers tothe maximum number of years of service included in the monthlypension benefit calculation under a department's retirement plan.
(e) An employee beneficiary who:
(1) is not yet credited with the maximum number of years ofservice; and
(2) is eligible to receive an unreduced benefit immediately upontermination of employment;
may elect to enter a DROP. The employee beneficiary's election isirrevocable.
(f) The employee beneficiary exits a DROP on the earliest of thefollowing:
(1) The date that the employee beneficiary is credited with themaximum years of service under the retirement plan.
(2) The employee beneficiary's retirement date.
(3) The date any required benefit begins.
(g) The retirement benefit paid to the employee beneficiary whoparticipated in a DROP consists of:
(1) the DROP frozen benefit; plus
(2) an additional amount, paid as the employee beneficiaryelects under subsection (h), determined in STEP THREE of thefollowing formula:
STEP ONE: Multiply:
(A) the DROP frozen benefit; by
(B) the number of months the employee beneficiaryparticipated in the DROP.
STEP TWO: Multiply the product determined in STEP ONE byan interest rate that does not exceed three percent (3%)annually.
STEP THREE: Add the product determined under STEP ONEand the product determined under STEP TWO.
(h) The employee beneficiary shall elect, at the employeebeneficiary's retirement, to receive the additional amount calculatedunder subsection (g)(2) in one (1) of the following ways:
(1) A lump sum.
(2) An actuarially equivalent increase in the monthly pension
benefit payable to the employee beneficiary.
(3) A combination of (1) and (2).
(i) The cost of living payment determined under section 23 of thischapter does not apply to the additional amount calculated undersubsection (g)(2). No cost of living payment is applied to a DROPfrozen benefit while the employee beneficiary is participating in aDROP.
(j) If an employee beneficiary becomes disabled:
(1) in the line of duty; or
(2) other than in the line of duty;
benefits for the employee beneficiary are calculated as if theemployee beneficiary had never entered the DROP.
(k) Except as provided in subsection (m), if, before the employeebeneficiary's monthly pension benefit begins, an employeebeneficiary dies, in the line of duty or other than in the line of duty,death benefits are payable as follows:
(1) The benefit under subsection (g)(2) is paid in a lump sum tothe employee beneficiary's surviving spouse. If there is nosurviving spouse, the lump sum must be divided equally amongthe employee beneficiary's surviving children. If there are nosurviving children, the lump sum is paid to the employeebeneficiary's parents. If there are no surviving parents, the lumpsum is paid to the employee beneficiary's estate.
(2) A benefit is paid on the DROP frozen benefit under theterms of the county's retirement plan.
(l) A DROP under this section must be designed to be actuariallycost neutral to the county's retirement plan.
(m) This subsection applies if:
(1) an employee beneficiary dies in the line of duty beforepayment of the employee beneficiary's monthly pension benefitbegins; and
(2) the calculation of a death benefit under the provisions of thecounty's retirement plan depends upon whether an employeebeneficiary dies in the line of duty or other than in the line ofduty.
Death benefits for an employee beneficiary who dies in the line ofduty are calculated under the provisions of the county's retirementplan as if the employee beneficiary had never entered the DROP andshall be adjusted as necessary to ensure compliance with subsection(l).
As added by P.L.97-2005, SEC.1. Amended by P.L.51-2006, SEC.4.
IC 36-8-10-12.5
Purchase of service credit earned in certain Indiana publicretirement funds
Sec. 12.5. (a) This section applies after June 30, 2009, to activeemployee beneficiaries in a retirement plan established under thischapter.
(b) As used in this section, "public retirement fund" refers to anyof 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 controlofficer, and conservation enforcement officers' retirement fund(IC 5-10-5.5).
(4) The state police pension trust (IC 10-12).
(5) The 1977 police officers' and firefighters' pension anddisability fund (IC 36-8-8).
(6) A retirement plan established under this chapter by adepartment other than the department that employs theemployee beneficiary who desires to purchase service creditunder this section.
(c) Subject to subsection (j), if an employee beneficiary:
(1) has not attained vested status in; and
(2) is not an active participant in;
a public retirement fund other than the retirement plan establishedunder this chapter by the department that employs the employeebeneficiary, the employee beneficiary may make a transfer describedin subsection (d) for the amount in the public retirement fund that isattributable to contributions made by or on behalf of the employeebeneficiary (plus credited earnings).
(d) An employee beneficiary described in subsection (c) maytransfer the amount described in subsection (c) to a retirement planestablished under this chapter by the department that employs theemployee beneficiary in order to purchase service credit in theretirement plan for the employee beneficiary's prior service in apublic retirement fund.
(e) A transfer under subsection (d) is irrevocable. A transfercannot exceed the amount necessary to fund the service purchaseunder subsection (d). Any amounts in the public retirement fund afterthe transfer shall remain subject to the public retirement fund'sprovisions.
(f) If an employee beneficiary makes a transfer under subsection(d), the employee beneficiary is entitled to receive service credit forthe transferred amount equal to the service credit that would bepurchased by a contribution of the same amount computed at theactuarial present value for an individual whose salary or wages andage would be the same as the salary or wages and age of theemployee beneficiary on the transfer date.
(g) Before a transfer is made under this section, the employeebeneficiary must complete any forms required by:
(1) the public retirement fund from which the employeebeneficiary is requesting a transfer; and
(2) the retirement plan established under this chapter to whichthe transfer is being made.
(h) An employee beneficiary who makes a transfer undersubsection (d) must have at least the number of years of creditedservice necessary to receive an unreduced pension benefit in aretirement plan established under this chapter by the department thatemploys the employee beneficiary before the employee beneficiary
may receive a benefit based on the amount transferred under thissection.
(i) An employee beneficiary who:
(1) makes a transfer under subsection (d); and
(2) terminates employment before satisfying the eligibilityrequirements necessary to receive a monthly pension;
may withdraw the transferred amount, plus accumulated interest,from the retirement plan established under this chapter by thedepartment that employs the employee beneficiary after submittingto the retirement plan established under this chapter a properlycompleted application for a refund. If a withdrawal of the transferredamount occurs under this subsection, the benefit payable to theemployee beneficiary from the retirement plan established under thischapter shall be adjusted as necessary to ensure that the plan remainsactuarially cost neutral to the county.
(j) The department may deny an application to transfer an amountunder this section if the transfer would exceed the limitations underSection 415 of the Internal Revenue Code.
(k) If an employee beneficiary makes a transfer under subsection(d), the employee beneficiary waives all credit for the employeebeneficiary's service in the public retirement fund from which theamount is transferred or paid.
(l) To the extent permitted by the Internal Revenue Code andapplicable regulations, a retirement plan established under thischapter may accept, on behalf of an employee beneficiary who ispurchasing permissive service credit under this section, a rollover ofa distribution from any of the following:
(1) A qualified plan described in Section 401(a) or Section403(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 politicalsubdivision of a state, or an agency or instrumentality of a stateor political subdivision of a state under Section 457(b) of theInternal Revenue Code.
(4) An individual retirement account or annuity described inSection 408(a) or Section 408(b) of the Internal Revenue Code.
(m) To the extent permitted by the Internal Revenue Code andapplicable regulations, a retirement plan established under thischapter may accept, on behalf of an employee beneficiary who ispurchasing permissive service credit under this section, a trustee totrustee 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 Section457(b) of the Internal Revenue Code.
As added by P.L.98-2009, SEC.2.
IC 36-8-10-13
Pension trust; participation by sheriff Sec. 13. Except as provided in section 19 of this chapter, a sheriffmay participate in the pension trust in the same manner as a countypolice officer. In addition, a sheriff who is not participating in thepension trust after the creation of the pension trust in the sheriff'scounty may make a payment to the pension trust in the amount ofcontributions the sheriff would have made had the sheriff beenparticipating while a sheriff, plus interest at three percent (3%)compounded annually. The sheriff is entitled to credit for the yearsof service as a sheriff for all purposes of the pension trust if thesheriff makes this payment.
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.180-2007,SEC.11.
IC 36-8-10-14
Death benefit program
Sec. 14. (a) The department may establish and operate a deathbenefit program for the payment of death benefits to deceasedemployee beneficiaries. The department may provide these benefitsby the creation of a reserve account, by obtaining group lifeinsurance, or both. However, the department may not establish ormodify a death benefit program after June 30, 1989, without theapproval of the county fiscal body which shall not reduce or diminishany death benefits set forth in any death benefit program that was ineffect on January 1, 1989.
(b) Benefits payable under a group life insurance policyestablished under subsection (a) must be in reasonable amounts.Benefits payable from a reserve account established under subsection(a) may not exceed twenty-five thousand dollars ($25,000).
As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1981,P.L.48, SEC.3; P.L.313-1989, SEC.5; P.L.168-1990, SEC.2.
IC 36-8-10-15
Disability benefit program
Sec. 15. (a) The department may establish and operate a disabilitybenefit program for the payment of disability expense reimbursementand pensions to employee beneficiaries with a disability. Thedepartment may provide these benefits by the creation of a reserveaccount, by obtaining disability insurance coverage, or both.However, the department may not establish or modify a disabilitybenefit program after June 30, 1989, without the approval of thecounty fiscal body which shall not reduce or diminish any disabilitybenefits set forth in any disability program that was in effect onJanuary 1, 1989.
(b) Benefits payable as a result of line of duty activities, includinga disability presumed incurred in the line of duty under IC 5-10-13,must be in reasonable amounts. Monthly benefits payable as a resultof other activities may not exceed the amount of pension to whichthat employee beneficiary employed until normal retirement agewould have been entitled.
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989,
SEC.6; P.L.185-2002, SEC.13; P.L.99-2007, SEC.221; P.L.1-2010,SEC.151.
IC 36-8-10-16
Dependent's pension benefit; establishment and operation;maximum monthly pension payable; eligibility
Sec. 16. (a) The department may establish and operate adependent's pension benefit for the payment of pensions to dependentparents, surviving spouses, and dependent children under eighteen(18) years of age of former employee beneficiaries. The departmentmay provide these benefits by the creation of a reserve account, byobtaining appropriate insurance coverage, or both. However, thedepartment may not establish or modify a dependent's pensionbenefit after June 30, 1989, without the approval of the county fiscalbody which shall not reduce or diminish any dependent's pensionbenefits that were in effect on January 1, 1989.
(b) This subsection applies to survivors of employee beneficiarieswho:
(1) died before January 1, 1990; and
(2) were covered by a benefit plan established under thissection.
The maximum monthly pension payable to dependent parents orsurviving spouses may not exceed two hundred dollars ($200) permonth during the parent's or the spouse's lifetime if the spouse didnot remarry before September 1, 1984. If the surviving spouseremarried before September 1, 1984, benefits ceased on the date ofremarriage. The maximum monthly pension payable to dependentchildren is thirty dollars ($30) per child and ceases with the lastpayment before attaining eighteen (18) years of age.
(c) This subsection applies to survivors of employee beneficiarieswho:
(1) died after December 31, 1989; and
(2) were covered by a benefit plan established under thissection.
The monthly pension payable to dependent parents or survivingspouses must be not less than two hundred dollars ($200) for eachmonth during the parent's or the spouse's lifetime. The monthlypension payable to each dependent child must be not less than thirtydollars ($30) for each child and ceases with the last payment beforeattaining eighteen (18) years of age.
(d) The county fiscal body may by ordinance provide an increasein the monthly pension of survivors of employee beneficiaries whodie before January 1, 1990. However, the monthly pension that isprovided under this subsection may not exceed the monthly pensionthat is provided to survivors whose monthly pensions are determinedunder subsection (c).
(e) In order to be eligible for a benefit under this section, thesurviving spouse of an employee beneficiary who dies after August31, 1984, must have been married to the employee beneficiary at thetime of the employee's retirement or death in service. (f) In addition to, or instead of, a modification of a survivingspouse's monthly pension under this section, a county fiscal bodymay approve a cost of living payment to a surviving spouse undersection 23 of this chapter.
As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.203-1984,SEC.2; P.L.313-1989, SEC.7; P.L.314-1989, SEC.2; P.L.97-2005,SEC.2; P.L.42-2008, SEC.1.
IC 36-8-10-16.5
Health insurance for surviving spouse and children
Sec. 16.5. (a) As used in this section, "dies in the line of duty" hasthe meaning set forth in IC 5-10-10-2.