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 this
chapter.
"Department" refers to the sheriff's department of a county.
"Eligible employee" means the sheriff of a county or a county
police officer.
"Employee beneficiary" means an eligible employee who has
completed an application to become an employee beneficiary and
who has had the proper deductions made from his wages as required
in the pension trust agreement.
"Net amount paid into the trust fund from wages of an employee
beneficiary" means the amount of money actually paid in from the
wages of the employee beneficiary, plus interest at the rate of three
percent (3%) compounded annually and less a sum including interest
at the same rate, paid from the trust fund to the employee beneficiary
or to a governmental fund for the credit or benefit of the employee
beneficiary.
"Pension engineers" means technical consultants qualified to
supervise and assist in the establishment, maintenance, and operation
of a pension trust on an actuarially sound basis.
"Trust fund" means the assets of the pension trust and consists of
voluntary contributions from the department, money paid from the
wages of employee beneficiaries, and other payments or
contributions made to the pension trust, including the income and
proceeds derived from the investment of them.
"Trustee" refers to the trustee of the pension trust, who may be
one (1) or more corporate trustees or the treasurer of the county
serving under bond. 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 (inserting
the name of the county).
(b) The board consists of five (5) members. Three (3) members
shall be appointed by the sheriff, and two (2) members shall be
elected by a majority vote of the members of the county police force
under procedures established by the sheriff's merit board. However,
no active county police officer may serve on the board.
Appointments are for terms of four (4) years or for the remainder of
an unexpired term. Not more than two (2) of the members appointed
by the sheriff nor more than one (1) of the members elected by the
officers may belong to the same political party. All members must
reside in the county. All members serve during their respective terms
and until their successors have been appointed and qualified. A
member may be removed for cause duly adjudicated by declaratory
judgment of the circuit court of the county.
(c) As compensation for service, each member of the board is
entitled to receive from the county a minimum of fifteen dollars
($15) per day for each day, or fraction of a day, that the member is
engaged in transacting the business of the board.
(d) As soon as practicable after the members of the board have
been appointed, they shall meet upon the call of the sheriff and
organize by electing a president and a secretary from among their
membership. Three (3) members of the board constitute a quorum for
the transaction of business. The board shall hold regular monthly
meetings throughout the year as is necessary to transact the business
of the sheriff's department. 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 the
county shall assign their duties according to law.
(b) The expenses of the county police force are a part of the
sheriff's department budget. The board may recommend the number
and salary of the personnel, but the county fiscal body shall
determine the budget and salaries.
(c) The county shall furnish to the sheriff and his full-time paid
county police officers the uniforms or other clothing they need to
perform their duties. However, after one (1) year of service in the
sheriff's department, a sheriff or or county police officer may be
required by the county to furnish and maintain his own uniform
clothing upon payment to him by the county of an annual cash
allowance 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 the
meaning set forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a county shall provide an active
member of the department with body armor for the torso. The county
shall replace the body armor for the torso according to the
replacement period recommended by the manufacturer of the body
armor for the torso.
(c) An active member of the department shall not be required to
maintain the body armor for the torso furnished under this section
from any annual cash allowance paid to the member under section
4(c) of this chapter.
(d) Body armor for the torso provided by a county under this
section remains the property of the county. The county may sell the
property when it becomes unfit for use, and all money received shall
be paid into the general fund of the county. As added by P.L.34-2010, SEC.8.
IC 36-8-10-5 Prison matron; appointment; powers and duties
Sec. 5. (a) Each sheriff shall appoint a prison matron for the
county. The sheriff shall set the qualifications for that position.
Except as provided in subsection (b), the sheriff has complete hiring
authority over the position of prison matron.
(b) A prison matron who was a county police officer appointed
under section 10(b) of this chapter immediately before being hired
as prison matron is entitled to the discipline and removal procedures
under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as prison matron; or
(2) removal from the department.
(c) The sheriff may employ assistant prison matrons if necessary.
(d) The prison matron or the prison matron's assistants shall
receive, search, and care for all female prisoners and all boys under
fourteen (14) years of age who are committed to or detained in the
county jail, municipal lockup, or other detention center in the county.
(e) The prison matron and assistant matrons:
(1) are members of the department;
(2) have the powers and duties of members of the department;
and
(3) are entitled to the same salary that other members of the
department of the same rank, grade, or position are paid. 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 has
complete hiring authority over the position of chief deputy.
(b) A chief deputy who was a county police officer appointed
under section 10(b) of this chapter immediately before being hired
as chief deputy is entitled to the discipline and removal procedures
under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as chief deputy; or
(2) removal from the department. As added by P.L.237-1996, SEC.2. IC 36-8-10-6 Emergencies; appointment of additional deputies and assistants
Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or
assistants if an emergency arises that requires them for:
(1) promoting public safety and conserving the peace;
(2) repressing, preventing, and detecting crime; and
(3) apprehending criminals.
(b) The county executive shall determine the number and salaries
of deputy sheriffs or assistants to be appointed in an emergency. The
executive shall provide compensation and necessary expenses for
them from the general fund of the county without a specific
appropriation. Expenses shall be paid after the appointed persons file
sworn vouchers with the executive detailing their expenses.
(c) The deputies or assistants have the same powers that sheriffs
have under statute.
(d) The deputy sheriffs or assistants must have been bona fide
residents of the county for at least one (1) year before their
appointment. This subsection does not apply to a county having a
consolidated city.
(e) When the emergency ends, the county executive may reduce
the number of deputy sheriffs or assistants to the number that the
circumstances require for the public welfare. 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 shall
fix the exact amount per meal that the sheriff of each county receives
for feeding the prisoners in the sheriff's custody. Subject to the
maximum meal allowance provided in this section, the state
examiner shall increase the amount per meal that a sheriff receives
as follows:
(1) Increase the amount per meal by a percentage that does not
exceed the percent of increase in the United States Department
of Labor Consumer Price Index during the year preceding the
year in which an increase is established.
(2) Increase the amount per meal above the amount determined
under subdivision (1) if the sheriff furnishes to the state
examiner sufficient documentation to prove that the sheriff
cannot provide meals at the amount per meal that is determined
under subdivision (1).
The amount must be fixed by April 15 each year and takes effect
immediately upon approval. The allowance may not exceed two
dollars ($2) per person per meal. The allowance shall be paid out of
the general fund of the county after the sheriff submits to the county
executive an itemized statement, under oath, showing the names of
the 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) through
IC 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 less
than 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 in
the usual manner by the county fiscal body. The appropriation shall
be expended by the sheriff under the direction of the county
executive. If a county has a population of less than four hundred
thousand (400,000), an accounting of the expenditures must be filed
monthly with the county auditor by the fifth day of the month
following the expenditure. If a county has a population of four
hundred thousand (400,000) or more, an accounting of the
expenditures must be filed with the county auditor on the first
Monday of January and the first Monday of July of each year.
Neither the sheriff nor the sheriff's officers, deputies, and employees
may 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 either
by election or by appointment shall, upon the expiration of his term
and upon his written application, be appointed by the board to the
rank in the department that he held at the time of his election or
appointment as sheriff, if there is a vacancy in the department.
However, if the sheriff during his tenure of office has qualified in
accordance with the promotion procedure prescribed by the board in
its rules for a rank in the department that is higher than the rank he
previously held, the board shall, upon the expiration of his term as
sheriff, appoint him to the rank for which he has qualified under the
promotion 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 an
offense within his view, take them before the court having
jurisdiction, and detain them in custody until the cause of the
arrest has been investigated;
(3) shall suppress all breaches of the peace within his
knowledge, with authority to call to his aid the power of the
county;
(4) shall pursue and commit to the jail of the county all felons;
(5) may execute all process directed to the sheriff by legal
authority;
(6) shall attend upon and preserve order in all courts of the
county;
(7) shall guard prisoners in the county jail;
(8) shall serve all process directed to the sheriff from a court or
from the county executive according to law; and
(9) shall take photographs, fingerprints, and other identification
data as shall be prescribed by the sheriff of persons taken into
custody for felonies or misdemeanors.
(b) A person who:
(1) refuses to be photographed;
(2) refuses to be fingerprinted;
(3) withholds information; or
(4) gives false information;
as prescribed in subsection (a)(9), commits a Class C misdemeanor. 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 position
of prison matron, and in a county with a population of more than
fifty thousand (50,000), temporary administrative ranks or positions
established and appointed by the sheriff, the sheriff, with the
approval of the board, shall establish a classification of ranks, grades,
and positions for county police officers in the department. For each
rank, grade, and position established, the sheriff, with the approval
of the board, shall:
(1) set reasonable standards of qualifications; and
(2) fix the prerequisites of:
(A) training;
(B) education; and
(C) experience.
(b) The sheriff, with the approval of the board, shall devise and
administer examinations designed to test applicants for the
qualifications required for the respective ranks, grades, or positions.
After these examinations, the sheriff and the board shall jointly
prepare a list naming only those applicants who, in the opinion of
both the sheriff and the board, best meet the prescribed standards and
prerequisites. The sheriff appoints county police officers but only
from among the persons whose names appear on this list. All county
police officers appointed to the department under this chapter are on
probation for a period of one (1) year from the date of appointment.
(c) In a county with a population of more than fifty thousand
(50,000), the sheriff may:
(1) establish a temporary administrative rank or position within
the county police department; and
(2) appoint a county police officer that has served as a county
police officer for at least five (5) years to and remove a county
police officer from a temporary administrative rank or position;
without the approval of the board. Any temporary administrative
rank or position established pursuant to this section shall not
diminish or reduce the number and classifications of the existing
merit ranks within the county police department. A county police
officer appointed under this subsection must have served as a county
police officer in the county police department for at least five (5)
years before the appointment. A county police officer retains the
rank, grade, or position awarded under subsection (b) while serving
in a temporary administrative rank or position. This subsection may
not be construed to limit, modify, annul, or otherwise affect a
collective bargaining agreement.
(d) In a county with a population of more than fifty thousand
(50,000), the sheriff, with the approval of the board, shall establish
written rules and regulations governing the discipline of county
police officers. Rules and regulations established by a sheriff under
this subsection must conform to the disciplinary procedure required
by section 11 of this chapter. 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 a
preference for employment according to the following priority:
(1) A war veteran who has been honorably discharged from the
United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference for
employment to any of the following:
(1) A member of another department laid off under section 11.1
of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(c) A person described in subsection (a) or (b) may not receive a
preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department. As added by P.L.95-2003, SEC.2. Amended by P.L.110-2010,
SEC.36.
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 any
person who is employed by a governmental entity as defined in
IC 35-41-1 or private employer, the nature of which employment
necessitates that the person have the powers of a law enforcement
officer. During the term of his appointment and while he is fulfilling
the specific responsibilities for which the appointment is made, a
special deputy has the powers, privileges, and duties of a county
police officer under this chapter, subject to any written limitations
and specific requirements imposed by the sheriff and signed by the
special deputy. A special deputy is subject to the direction of the
sheriff and shall obey the rules and orders of the department. A
special deputy may be removed by the sheriff at any time, without
notice and without assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education,
and experience for special deputies, subject to the minimum
requirements prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanor
involving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance of
their authorized duties.
(c) Except as provided in subsection (d), a special deputy shall
wear a uniform the design and color of which is easily
distinguishable from the uniforms of the Indiana state police, the
regular county police force, and all municipal police and fire forces
located in the county.
(d) The sheriff may permit a special deputy to wear the uniform
of the regular county police force if the special deputy:
(1) has successfully completed the minimum basic training
requirements under IC 5-2-1;
(2) is periodically assigned by the sheriff to duties of a regular
county police officer; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear the
uniform of the regular county police force at any time without cause
or notice.
(e) The sheriff may also appoint one (1) legal deputy, who must
be a member of the Indiana bar. The legal deputy does not have
police powers. The legal deputy may continue to practice law.
However, neither the legal deputy nor any attorney in partnership
with him may represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the county
jail:
(1) in counties not having a consolidated city, may appoint
special deputies to serve as county jail guards; and
(2) in counties having a consolidated city, shall appoint only
special deputies to serve as county jail guards.
This subsection does not affect the rights or liabilities accrued by any
county police officer assigned to guard the jail before August 31,
1982. As added by P.L.311-1983, SEC.45. Amended by P.L.48-1987,
SEC.2.
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 temporarily
suspend a county police officer for cause after preferring charges in
writing and after a fair public hearing before the board, which is
reviewable in the circuit court. Written notice of the charges and
hearing must be delivered by certified mail to the officer to be
disciplined at least fourteen (14) days before the date set for the
hearing. The officer may be represented by counsel. The board shall
make specific findings of fact in writing to support its decision.
(b) The sheriff may temporarily suspend an officer with or
without pay for a period not exceeding fifteen (15) days, without a
hearing before the board, after preferring charges of misconduct in
writing delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or
temporarily suspended because of political affiliation nor after the
officer's probationary period, except as provided in this section. An
officer may:
(1) be a candidate for elective office and serve in that office if
elected;
(2) be appointed to an office and serve in that office if
appointed; and
(3) except when in uniform or on duty, solicit votes or
campaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit
court for hearings under this section. An officer on probation may be
dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in
court, within thirty (30) days after the date the decision is rendered,
a verified complaint stating in a concise manner the general nature
of the charges against the officer, the decision of the board, and a
demand for the relief asserted by the officer. A bond must also be
filed that guarantees the appeal will be prosecuted to a final
determination and that the plaintiff will pay all costs only if the court
finds that the board's decision should be affirmed. The bond must be
approved as bonds for costs are approved in other cases. The county
must be named as the sole defendant and the plaintiff shall have a
summons issued as in other cases against the county. Neither the
board nor the members of it may be made parties defendant to the
complaint, but all are bound by service upon the county and the
judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be
heard de novo only upon any new issues related to the charges upon
which the decision of the board was made. Within ten (10) days after
the service of summons, the board shall file in court a complete
written transcript of all papers, entries, and other parts of the record
relating to the particular case. Inspection of these documents by the
person affected, or by the person's agent, must be permitted by the
board before the appeal is filed, if requested. The court shall review
the record and decision of the board on appeal.
(g) The court shall make specific findings and state the
conclusions of law upon which its decision is made. If the court finds
that the decision of the board appealed from should in all things be
affirmed, its judgment should so state. If the court finds that the
decision of the board appealed from should not be affirmed in all
things, then the court shall make a general finding, setting out
sufficient facts to show the nature of the proceeding and the court's
decision 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 either
party. Upon the final disposition of the appeal by the courts, the clerk
shall certify and file a copy of the final judgment of the court to the
board, which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then
the board shall pay to the party entitled to it any salary or wages
withheld from the party pending the appeal and to which the party is
entitled under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court
or a change of judge in the same manner as such changes are allowed
in civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall 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 the
number of members of the department by layoff for financial
reasons, the last member appointed to the department must be the
first to be laid off. Additional members must be laid off in reverse
hiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of the
department who have been laid off under this section must be
reinstated before any new member is appointed to the department.
The last member to be laid off from the department must be the first
to be reinstated. Additional members must be reinstated in reverse of
the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority
advised of the member's current address. The appointing authority
shall inform a member of the member's reinstatement by written
notice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice
of reinstatement is sent under subsection (d), the member must
advise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified
in the notice.
(f) All reinstatement rights granted to a member under this section
terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the
time specified in subsection (e); or
(2) five (5) years after the date on which a member's layoff
begins. As added by P.L.270-1999, SEC.2. Amended by P.L.56-2010, SEC.2.
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 and
means;
(3) X-ray, diagnostic, and therapeutic service, including service
during the recovery period; and
(4) hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(b) After deducting expenditures paid by an insurance or worker's
compensation program, a county shall pay for the care of the
following persons:
(1) A county police officer who:
(A) suffers an injury; or
(B) contracts an illness;
while the officer is on duty or while the officer is off duty and
is responding to an offense or a reported offense.
(2) A jail employee who:
(A) suffers an injury; or
(B) contracts an illness;
while the employee is on duty.
(c) Expenditures required by subsection (b) shall be paid from the
general fund of the county. As added by P.L.228-1991, SEC.1.
IC 36-8-10-12 Pension trust
Sec. 12. (a) The department and a trustee may establish and
operate an actuarially sound pension trust as a retirement plan for the
exclusive benefit of the employee beneficiaries. However, a
department and a trustee may not establish or modify a retirement
plan after June 30, 1989, without the approval of the county fiscal
body which shall not reduce or diminish any benefits of the
employee beneficiaries set forth in any retirement plan that was in
effect on January 1, 1989.
(b) The normal retirement age may be earlier but not later than the
age of seventy (70). However, the sheriff may retire an employee
who is otherwise eligible for retirement if the board finds that the
employee is not physically or mentally capable of performing the
employee's duties.
(c) Joint contributions shall be made to the trust fund:
(1) either by:
(A) the department through a general appropriation provided
to the department;
(B) a line item appropriation directly to the trust fund; or
(C) both; and
(2) by an employee beneficiary through authorized monthly
deductions from the employee beneficiary's salary or wages.
However, the employer may pay all or a part of the contribution
for the employee beneficiary.
Contributions through an appropriation are not required for plans
established or modifications adopted after June 30, 1989, unless the
establishment or modification is approved by the county fiscal body.
(d) For a county not having a consolidated city, the monthly
deductions from an employee beneficiary's wages for the trust fund
may not exceed six percent (6%) of the employee beneficiary's
average monthly wages. For a county having a consolidated city, the
monthly deductions from an employee beneficiary's wages for the
trust fund may not exceed seven percent (7%) of the employee
beneficiary's average monthly wages.
(e) The minimum annual contribution by the department must be
sufficient, as determined by the pension engineers, to prevent
deterioration 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 shall
be liquidated.
(f) If during liquidation all expenses of the pension trust are paid,
adequate provision must be made for continuing pension payments
to retired persons. Each employee beneficiary is entitled to receive
the net amount paid into the trust fund from the employee
beneficiary's wages, and any remaining sum shall be equitably
divided among employee beneficiaries in proportion to the net
amount paid from their wages into the trust fund.
(g) If a person ceases to be an employee beneficiary because of
death, disability, unemployment, retirement, or other reason, the
person, the person's beneficiary, or the person's estate is entitled to
receive at least the net amount paid into the trust fund from the
person's wages, either in a lump sum or monthly installments not less
than 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 proper
amount of the employee beneficiary's pension during the employee
beneficiary's lifetime.
(i) To be entitled to the full amount of the employee beneficiary's
pension classification, an employee beneficiary must have
contributed at least twenty (20) years of service to the department
before retirement. Otherwise, the employee beneficiary is entitled to
receive a pension proportional to the length of the employee
beneficiary's service.
(j) This subsection does not apply to a county that adopts an
ordinance under section 12.1 of this chapter. For an employee
beneficiary who retires before January 1, 1985, a monthly pension
may not exceed by more than twenty dollars ($20) one-half (1/2) the
amount of the average monthly wage received during the highest paid
five (5) years before retirement. However, in counties where the
fiscal body approves the increases, the maximum monthly pension
for an employee beneficiary who retires after December 31, 1984,
may be increased by no more or no less than two percent (2%) of that
average monthly wage for each year of service over twenty (20)
years to a maximum of seventy-four percent (74%) of that average
monthly wage plus twenty dollars ($20). For the purposes of
determining the amount of an increase in the maximum monthly
pension approved by the fiscal body for an employee beneficiary
who retires after December 31, 1984, the fiscal body may determine
that the employee beneficiary's years of service include the years of
service with the sheriff's department that occurred before the
effective date of the pension trust. For an employee beneficiary who
retires after June 30, 1996, the average monthly wage used to
determine the employee beneficiary's pension benefits may not
exceed the monthly minimum salary that a full-time prosecuting
attorney was entitled to be paid by the state at the time the employee
beneficiary retires.
(k) The trust fund may not be commingled with other funds,
except as provided in this chapter, and may be invested only in
accordance with statutes for investment of trust funds, including
other investments that are specifically designated in the trust
agreement.
(l) The trustee receives and holds as trustee all money paid to it as
trustee by the department, the employee beneficiaries, or by other
persons for the uses stated in the trust agreement.
(m) The trustee shall engage pension engineers to supervise and
assist in the technical operation of the pension trust in order that
there is no deterioration in the actuarial status of the plan.
(n) Within ninety (90) days after the close of each fiscal year, the
trustee, with the aid of the pension engineers, shall prepare and file
an annual report with the department. The report must include the
following:
(1) Schedule 1. Receipts and disbursements.
(2) Schedule 2. Assets of the pension trust listing investments
by book value and current market value as of the end of the
fiscal year.
(3) Schedule 3. List of terminations, showing the cause and
amount of refund.
(4) Schedule 4. The application of actuarially computed
"reserve factors" to the payroll data properly classified for the
purpose of computing the reserve liability of the trust fund as of
the end of the fiscal year.
(5) Schedule 5. The application of actuarially computed
"current liability factors" to the payroll data properly classified
for the purpose of computing the liability of the trust fund as of
the end of the fiscal year.
(o) No part of the corpus or income of the trust fund may be used
or diverted to any purpose other than the exclusive benefit of the
members 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 beneficiary
who:
(1) retires after June 30, 1997; and
(2) served in a county that has adopted an ordinance stating that
the maximum monthly pension for an employee beneficiary
who retires after June 30, 1997, shall be determined under this
section instead of section 12(j) of this chapter.
(b) As used in this section, "average monthly wage" means the
lesser of:
(1) the average monthly wage received by the employee
beneficiary during the highest paid three (3) years before
retirement; or
(2) the monthly minimum salary that a full-time prosecuting
attorney is entitled to be paid by the state at the time the
employee beneficiary retires.
(c) Except as provided in subsection (d), an employee
beneficiary's monthly pension may not exceed twenty dollars ($20)
plus one-half (1/2) the amount of the average monthly wage.
(d) The fiscal body of a county may approve an increase in the
maximum monthly pension for an employee beneficiary. The
maximum monthly pension may:
(1) be increased by one percent (1%) of the average monthly
wage for each six (6) months of service after twenty (20) years;
and
(2) not exceed seventy-four percent (74%) of the average
monthly wage plus twenty dollars ($20). As added by P.L.233-1997, SEC.2. IC 36-8-10-12.2 Deferred retirement option plan (DROP)
Sec. 12.2. (a) This section applies to a county that adopts a
deferred retirement option plan as part of its retirement plan under
this chapter.
(b) As used in this section, "DROP" refers to a deferred retirement
option plan established under this section.
(c) As used in this section, "DROP frozen benefit" refers to a
monthly pension benefit calculated under the provisions of a
retirement plan established under this chapter based on the employee
beneficiary'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 to
the maximum number of years of service included in the monthly
pension benefit calculation under a department's retirement plan.
(e) An employee beneficiary who:
(1) is not yet credited with the maximum number of years of
service; and
(2) is eligible to receive an unreduced benefit immediately upon
termination of employment;
may elect to enter a DROP. The employee beneficiary's election is
irrevocable.
(f) The employee beneficiary exits a DROP on the earliest of the
following:
(1) The date that the employee beneficiary is credited with the
maximum 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 who
participated in a DROP consists of:
(1) the DROP frozen benefit; plus
(2) an additional amount, paid as the employee beneficiary
elects under subsection (h), determined in STEP THREE of the
following formula:
STEP ONE: Multiply:
(A) the DROP frozen benefit; by
(B) the number of months the employee beneficiary
participated in the DROP.
STEP TWO: Multiply the product determined in STEP ONE by
an interest rate that does not exceed three percent (3%)
annually.
STEP THREE: Add the product determined under STEP ONE
and the product determined under STEP TWO.
(h) The employee beneficiary shall elect, at the employee
beneficiary's retirement, to receive the additional amount calculated
under 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 this
chapter does not apply to the additional amount calculated under
subsection (g)(2). No cost of living payment is applied to a DROP
frozen benefit while the employee beneficiary is participating in a
DROP.
(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 the
employee beneficiary had never entered the DROP.
(k) Except as provided in subsection (m), if, before the employee
beneficiary's monthly pension benefit begins, an employee
beneficiary 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 to
the employee beneficiary's surviving spouse. If there is no
surviving spouse, the lump sum must be divided equally among
the employee beneficiary's surviving children. If there are no
surviving children, the lump sum is paid to the employee
beneficiary's parents. If there are no surviving parents, the lump
sum is paid to the employee beneficiary's estate.
(2) A benefit is paid on the DROP frozen benefit under the
terms of the county's retirement plan.
(l) A DROP under this section must be designed to be actuarially
cost neutral to the county's retirement plan.
(m) This subsection applies if:
(1) an employee beneficiary dies in the line of duty before
payment of the employee beneficiary's monthly pension benefit
begins; and
(2) the calculation of a death benefit under the provisions of the
county's retirement plan depends upon whether an employee
beneficiary dies in the line of duty or other than in the line of
duty.
Death benefits for an employee beneficiary who dies in the line of
duty are calculated under the provisions of the county's retirement
plan as if the employee beneficiary had never entered the DROP and
shall 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 public
retirement funds
Sec. 12.5. (a) This section applies after June 30, 2009, to active
employee beneficiaries in a retirement plan established under this
chapter.
(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) The 1977 police officers' and firefighters' pension and
disability fund (IC 36-8-8).
(6) A retirement plan established under this chapter by a
department other than the department that employs the
employee beneficiary who desires to purchase service credit
under 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 established
under this chapter by the department that employs the employee
beneficiary, the employee beneficiary may make a transfer described
in subsection (d) for the amount in the public retirement fund that is
attributable to contributions made by or on behalf of the employee
beneficiary (plus credited earnings).
(d) An employee beneficiary described in subsection (c) may
transfer the amount described in subsection (c) to a retirement plan
established under this chapter by the department that employs the
employee beneficiary in order to purchase service credit in the
retirement plan for the employee beneficiary's prior service in a
public retirement fund.
(e) A transfer under subsection (d) is irrevocable. A transfer
cannot exceed the amount necessary to fund the service purchase
under subsection (d). Any amounts in the public retirement fund after
the transfer shall remain subject to the public retirement fund's
provisions.
(f) If an employee beneficiary makes a transfer under subsection
(d), the employee beneficiary is entitled to receive service credit for
the transferred amount equal to the service credit that would be
purchased by a contribution of the same amount computed at the
actuarial present value for an individual whose salary or wages and
age would be the same as the salary or wages and age of the
employee beneficiary on the transfer date.
(g) Before a transfer is made under this section, the employee
beneficiary must complete any forms required by:
(1) the public retirement fund from which the employee
beneficiary is requesting a transfer; and
(2) the retirement plan established under this chapter to which
the transfer is being made.
(h) An employee beneficiary who makes a transfer under
subsection (d) must have at least the number of years of credited
service necessary to receive an unreduced pension benefit in a
retirement plan established under this chapter by the department that
employs the employee beneficiary before the employee beneficiary
may receive a benefit based on the amount transferred under this
section.
(i) An employee beneficiary who:
(1) makes a transfer under subsection (d); and
(2) terminates employment before satisfying the eligibility
requirements necessary to receive a monthly pension;
may withdraw the transferred amount, plus accumulated interest,
from the retirement plan established under this chapter by the
department that employs the employee beneficiary after submitting
to the retirement plan established under this chapter a properly
completed application for a refund. If a withdrawal of the transferred
amount occurs under this subsection, the benefit payable to the
employee beneficiary from the retirement plan established under this
chapter shall be adjusted as necessary to ensure that the plan remains
actuarially cost neutral to the county.
(j) The department may deny an application to transfer an amount
under this section if the transfer would exceed the limitations under
Section 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 employee
beneficiary's service in the public retirement fund from which the
amount is transferred or paid.
(l) To the extent permitted by the Internal Revenue Code and
applicable regulations, a retirement plan established under this
chapter may accept, on behalf of an employee beneficiary who is
purchasing permissive 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 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 Section 408(b) of the Internal Revenue Code.
(m) To the extent permitted by the Internal Revenue Code and
applicable regulations, a retirement plan established under this
chapter may accept, on behalf of an employee beneficiary who is
purchasing permissive 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.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 sheriff
may participate in the pension trust in the same manner as a county
police officer. In addition, a sheriff who is not participating in the
pension trust after the creation of the pension trust in the sheriff's
county may make a payment to the pension trust in the amount of
contributions the sheriff would have made had the sheriff been
participating while a sheriff, plus interest at three percent (3%)
compounded annually. The sheriff is entitled to credit for the years
of service as a sheriff for all purposes of the pension trust if the
sheriff makes this payment. 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 death
benefit program for the payment of death benefits to deceased
employee beneficiaries. The department may provide these benefits
by the creation of a reserve account, by obtaining group life
insurance, or both. However, the department may not establish or
modify a death benefit program after June 30, 1989, without the
approval of the county fiscal body which shall not reduce or diminish
any death benefits set forth in any death benefit program that was in
effect on January 1, 1989.
(b) Benefits payable under a group life insurance policy
established under subsection (a) must be in reasonable amounts.
Benefits payable from a reserve account established under subsection
(a) may not exceed twenty-five thousand dollars ($25,000). 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 disability
benefit program for the payment of disability expense reimbursement
and pensions to employee beneficiaries with a disability. The
department may provide these benefits by the creation of a reserve
account, by obtaining disability insurance coverage, or both.
However, the department may not establish or modify a disability
benefit program after June 30, 1989, without the approval of the
county fiscal body which shall not reduce or diminish any disability
benefits set forth in any disability program that was in effect on
January 1, 1989.
(b) Benefits payable as a result of line of duty activities, including
a disability presumed incurred in the line of duty under IC 5-10-13,
must be in reasonable amounts. Monthly benefits payable as a result
of other activities may not exceed the amount of pension to which
that employee beneficiary employed until normal retirement age
would have been entitled. As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989,
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 a
dependent's pension benefit for the payment of pensions to dependent
parents, surviving spouses, and dependent children under eighteen
(18) years of age of former employee beneficiaries. The department
may provide these benefits by the creation of a reserve account, by
obtaining appropriate insurance coverage, or both. However, the
department may not establish or modify a dependent's pension
benefit after June 30, 1989, without the approval of the county fiscal
body which shall not reduce or diminish any dependent's pension
benefits that were in effect on January 1, 1989.
(b) This subsection applies to survivors of employee beneficiaries
who:
(1) died before January 1, 1990; and
(2) were covered by a benefit plan established under this
section.
The maximum monthly pension payable to dependent parents or
surviving spouses may not exceed two hundred dollars ($200) per
month during the parent's or the spouse's lifetime if the spouse did
not remarry before September 1, 1984. If the surviving spouse
remarried before September 1, 1984, benefits ceased on the date of
remarriage. The maximum monthly pension payable to dependent
children is thirty dollars ($30) per child and ceases with the last
payment before attaining eighteen (18) years of age.
(c) This subsection applies to survivors of employee beneficiaries
who:
(1) died after December 31, 1989; and
(2) were covered by a benefit plan established under this
section.
The monthly pension payable to dependent parents or surviving
spouses must be not less than two hundred dollars ($200) for each
month during the parent's or the spouse's lifetime. The monthly
pension payable to each dependent child must be not less than thirty
dollars ($30) for each child and ceases with the last payment before
attaining eighteen (18) years of age.
(d) The county fiscal body may by ordinance provide an increase
in the monthly pension of survivors of employee beneficiaries who
die before January 1, 1990. However, the monthly pension that is
provided under this subsection may not exceed the monthly pension
that is provided to survivors whose monthly pensions are determined
under subsection (c).
(e) In order to be eligible for a benefit under this section, the
surviving spouse of an employee beneficiary who dies after August
31, 1984, must have been married to the employee beneficiary at the
time of the employee's retirement or death in service.
(f) In addition to, or instead of, a modification of a surviving
spouse's monthly pension under this section, a county fiscal body
may approve a cost of living payment to a surviving spouse under
section 23 of this chapter. 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" has
the meaning set forth in IC 5-10-10-2.
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 this
chapter.
"Department" refers to the sheriff's department of a county.
"Eligible employee" means the sheriff of a county or a county
police officer.
"Employee beneficiary" means an eligible employee who has
completed an application to become an employee beneficiary and
who has had the proper deductions made from his wages as required
in the pension trust agreement.
"Net amount paid into the trust fund from wages of an employee
beneficiary" means the amount of money actually paid in from the
wages of the employee beneficiary, plus interest at the rate of three
percent (3%) compounded annually and less a sum including interest
at the same rate, paid from the trust fund to the employee beneficiary
or to a governmental fund for the credit or benefit of the employee
beneficiary.
"Pension engineers" means technical consultants qualified to
supervise and assist in the establishment, maintenance, and operation
of a pension trust on an actuarially sound basis.
"Trust fund" means the assets of the pension trust and consists of
voluntary contributions from the department, money paid from the
wages of employee beneficiaries, and other payments or
contributions made to the pension trust, including the income and
proceeds derived from the investment of them.
"Trustee" refers to the trustee of the pension trust, who may be
one (1) or more corporate trustees or the treasurer of the county
serving under bond. 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 (inserting
the name of the county).
(b) The board consists of five (5) members. Three (3) members
shall be appointed by the sheriff, and two (2) members shall be
elected by a majority vote of the members of the county police force
under procedures established by the sheriff's merit board. However,
no active county police officer may serve on the board.
Appointments are for terms of four (4) years or for the remainder of
an unexpired term. Not more than two (2) of the members appointed
by the sheriff nor more than one (1) of the members elected by the
officers may belong to the same political party. All members must
reside in the county. All members serve during their respective terms
and until their successors have been appointed and qualified. A
member may be removed for cause duly adjudicated by declaratory
judgment of the circuit court of the county.
(c) As compensation for service, each member of the board is
entitled to receive from the county a minimum of fifteen dollars
($15) per day for each day, or fraction of a day, that the member is
engaged in transacting the business of the board.
(d) As soon as practicable after the members of the board have
been appointed, they shall meet upon the call of the sheriff and
organize by electing a president and a secretary from among their
membership. Three (3) members of the board constitute a quorum for
the transaction of business. The board shall hold regular monthly
meetings throughout the year as is necessary to transact the business
of the sheriff's department. 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 the
county shall assign their duties according to law.
(b) The expenses of the county police force are a part of the
sheriff's department budget. The board may recommend the number
and salary of the personnel, but the county fiscal body shall
determine the budget and salaries.
(c) The county shall furnish to the sheriff and his full-time paid
county police officers the uniforms or other clothing they need to
perform their duties. However, after one (1) year of service in the
sheriff's department, a sheriff or or county police officer may be
required by the county to furnish and maintain his own uniform
clothing upon payment to him by the county of an annual cash
allowance 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 the
meaning set forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a county shall provide an active
member of the department with body armor for the torso. The county
shall replace the body armor for the torso according to the
replacement period recommended by the manufacturer of the body
armor for the torso.
(c) An active member of the department shall not be required to
maintain the body armor for the torso furnished under this section
from any annual cash allowance paid to the member under section
4(c) of this chapter.
(d) Body armor for the torso provided by a county under this
section remains the property of the county. The county may sell the
property when it becomes unfit for use, and all money received shall
be paid into the general fund of the county. As added by P.L.34-2010, SEC.8.
IC 36-8-10-5 Prison matron; appointment; powers and duties
Sec. 5. (a) Each sheriff shall appoint a prison matron for the
county. The sheriff shall set the qualifications for that position.
Except as provided in subsection (b), the sheriff has complete hiring
authority over the position of prison matron.
(b) A prison matron who was a county police officer appointed
under section 10(b) of this chapter immediately before being hired
as prison matron is entitled to the discipline and removal procedures
under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as prison matron; or
(2) removal from the department.
(c) The sheriff may employ assistant prison matrons if necessary.
(d) The prison matron or the prison matron's assistants shall
receive, search, and care for all female prisoners and all boys under
fourteen (14) years of age who are committed to or detained in the
county jail, municipal lockup, or other detention center in the county.
(e) The prison matron and assistant matrons:
(1) are members of the department;
(2) have the powers and duties of members of the department;
and
(3) are entitled to the same salary that other members of the
department of the same rank, grade, or position are paid. 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 has
complete hiring authority over the position of chief deputy.
(b) A chief deputy who was a county police officer appointed
under section 10(b) of this chapter immediately before being hired
as chief deputy is entitled to the discipline and removal procedures
under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as chief deputy; or
(2) removal from the department. As added by P.L.237-1996, SEC.2. IC 36-8-10-6 Emergencies; appointment of additional deputies and assistants
Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or
assistants if an emergency arises that requires them for:
(1) promoting public safety and conserving the peace;
(2) repressing, preventing, and detecting crime; and
(3) apprehending criminals.
(b) The county executive shall determine the number and salaries
of deputy sheriffs or assistants to be appointed in an emergency. The
executive shall provide compensation and necessary expenses for
them from the general fund of the county without a specific
appropriation. Expenses shall be paid after the appointed persons file
sworn vouchers with the executive detailing their expenses.
(c) The deputies or assistants have the same powers that sheriffs
have under statute.
(d) The deputy sheriffs or assistants must have been bona fide
residents of the county for at least one (1) year before their
appointment. This subsection does not apply to a county having a
consolidated city.
(e) When the emergency ends, the county executive may reduce
the number of deputy sheriffs or assistants to the number that the
circumstances require for the public welfare. 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 shall
fix the exact amount per meal that the sheriff of each county receives
for feeding the prisoners in the sheriff's custody. Subject to the
maximum meal allowance provided in this section, the state
examiner shall increase the amount per meal that a sheriff receives
as follows:
(1) Increase the amount per meal by a percentage that does not
exceed the percent of increase in the United States Department
of Labor Consumer Price Index during the year preceding the
year in which an increase is established.
(2) Increase the amount per meal above the amount determined
under subdivision (1) if the sheriff furnishes to the state
examiner sufficient documentation to prove that the sheriff
cannot provide meals at the amount per meal that is determined
under subdivision (1).
The amount must be fixed by April 15 each year and takes effect
immediately upon approval. The allowance may not exceed two
dollars ($2) per person per meal. The allowance shall be paid out of
the general fund of the county after the sheriff submits to the county
executive an itemized statement, under oath, showing the names of
the 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) through
IC 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 less
than 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 in
the usual manner by the county fiscal body. The appropriation shall
be expended by the sheriff under the direction of the county
executive. If a county has a population of less than four hundred
thousand (400,000), an accounting of the expenditures must be filed
monthly with the county auditor by the fifth day of the month
following the expenditure. If a county has a population of four
hundred thousand (400,000) or more, an accounting of the
expenditures must be filed with the county auditor on the first
Monday of January and the first Monday of July of each year.
Neither the sheriff nor the sheriff's officers, deputies, and employees
may 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 either
by election or by appointment shall, upon the expiration of his term
and upon his written application, be appointed by the board to the
rank in the department that he held at the time of his election or
appointment as sheriff, if there is a vacancy in the department.
However, if the sheriff during his tenure of office has qualified in
accordance with the promotion procedure prescribed by the board in
its rules for a rank in the department that is higher than the rank he
previously held, the board shall, upon the expiration of his term as
sheriff, appoint him to the rank for which he has qualified under the
promotion 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 an
offense within his view, take them before the court having
jurisdiction, and detain them in custody until the cause of the
arrest has been investigated;
(3) shall suppress all breaches of the peace within his
knowledge, with authority to call to his aid the power of the
county;
(4) shall pursue and commit to the jail of the county all felons;
(5) may execute all process directed to the sheriff by legal
authority;
(6) shall attend upon and preserve order in all courts of the
county;
(7) shall guard prisoners in the county jail;
(8) shall serve all process directed to the sheriff from a court or
from the county executive according to law; and
(9) shall take photographs, fingerprints, and other identification
data as shall be prescribed by the sheriff of persons taken into
custody for felonies or misdemeanors.
(b) A person who:
(1) refuses to be photographed;
(2) refuses to be fingerprinted;
(3) withholds information; or
(4) gives false information;
as prescribed in subsection (a)(9), commits a Class C misdemeanor. 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 position
of prison matron, and in a county with a population of more than
fifty thousand (50,000), temporary administrative ranks or positions
established and appointed by the sheriff, the sheriff, with the
approval of the board, shall establish a classification of ranks, grades,
and positions for county police officers in the department. For each
rank, grade, and position established, the sheriff, with the approval
of the board, shall:
(1) set reasonable standards of qualifications; and
(2) fix the prerequisites of:
(A) training;
(B) education; and
(C) experience.
(b) The sheriff, with the approval of the board, shall devise and
administer examinations designed to test applicants for the
qualifications required for the respective ranks, grades, or positions.
After these examinations, the sheriff and the board shall jointly
prepare a list naming only those applicants who, in the opinion of
both the sheriff and the board, best meet the prescribed standards and
prerequisites. The sheriff appoints county police officers but only
from among the persons whose names appear on this list. All county
police officers appointed to the department under this chapter are on
probation for a period of one (1) year from the date of appointment.
(c) In a county with a population of more than fifty thousand
(50,000), the sheriff may:
(1) establish a temporary administrative rank or position within
the county police department; and
(2) appoint a county police officer that has served as a county
police officer for at least five (5) years to and remove a county
police officer from a temporary administrative rank or position;
without the approval of the board. Any temporary administrative
rank or position established pursuant to this section shall not
diminish or reduce the number and classifications of the existing
merit ranks within the county police department. A county police
officer appointed under this subsection must have served as a county
police officer in the county police department for at least five (5)
years before the appointment. A county police officer retains the
rank, grade, or position awarded under subsection (b) while serving
in a temporary administrative rank or position. This subsection may
not be construed to limit, modify, annul, or otherwise affect a
collective bargaining agreement.
(d) In a county with a population of more than fifty thousand
(50,000), the sheriff, with the approval of the board, shall establish
written rules and regulations governing the discipline of county
police officers. Rules and regulations established by a sheriff under
this subsection must conform to the disciplinary procedure required
by section 11 of this chapter. 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 a
preference for employment according to the following priority:
(1) A war veteran who has been honorably discharged from the
United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference for
employment to any of the following:
(1) A member of another department laid off under section 11.1
of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(c) A person described in subsection (a) or (b) may not receive a
preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department. As added by P.L.95-2003, SEC.2. Amended by P.L.110-2010,
SEC.36.
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 any
person who is employed by a governmental entity as defined in
IC 35-41-1 or private employer, the nature of which employment
necessitates that the person have the powers of a law enforcement
officer. During the term of his appointment and while he is fulfilling
the specific responsibilities for which the appointment is made, a
special deputy has the powers, privileges, and duties of a county
police officer under this chapter, subject to any written limitations
and specific requirements imposed by the sheriff and signed by the
special deputy. A special deputy is subject to the direction of the
sheriff and shall obey the rules and orders of the department. A
special deputy may be removed by the sheriff at any time, without
notice and without assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education,
and experience for special deputies, subject to the minimum
requirements prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanor
involving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance of
their authorized duties.
(c) Except as provided in subsection (d), a special deputy shall
wear a uniform the design and color of which is easily
distinguishable from the uniforms of the Indiana state police, the
regular county police force, and all municipal police and fire forces
located in the county.
(d) The sheriff may permit a special deputy to wear the uniform
of the regular county police force if the special deputy:
(1) has successfully completed the minimum basic training
requirements under IC 5-2-1;
(2) is periodically assigned by the sheriff to duties of a regular
county police officer; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear the
uniform of the regular county police force at any time without cause
or notice.
(e) The sheriff may also appoint one (1) legal deputy, who must
be a member of the Indiana bar. The legal deputy does not have
police powers. The legal deputy may continue to practice law.
However, neither the legal deputy nor any attorney in partnership
with him may represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the county
jail:
(1) in counties not having a consolidated city, may appoint
special deputies to serve as county jail guards; and
(2) in counties having a consolidated city, shall appoint only
special deputies to serve as county jail guards.
This subsection does not affect the rights or liabilities accrued by any
county police officer assigned to guard the jail before August 31,
1982. As added by P.L.311-1983, SEC.45. Amended by P.L.48-1987,
SEC.2.
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 temporarily
suspend a county police officer for cause after preferring charges in
writing and after a fair public hearing before the board, which is
reviewable in the circuit court. Written notice of the charges and
hearing must be delivered by certified mail to the officer to be
disciplined at least fourteen (14) days before the date set for the
hearing. The officer may be represented by counsel. The board shall
make specific findings of fact in writing to support its decision.
(b) The sheriff may temporarily suspend an officer with or
without pay for a period not exceeding fifteen (15) days, without a
hearing before the board, after preferring charges of misconduct in
writing delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or
temporarily suspended because of political affiliation nor after the
officer's probationary period, except as provided in this section. An
officer may:
(1) be a candidate for elective office and serve in that office if
elected;
(2) be appointed to an office and serve in that office if
appointed; and
(3) except when in uniform or on duty, solicit votes or
campaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit
court for hearings under this section. An officer on probation may be
dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in
court, within thirty (30) days after the date the decision is rendered,
a verified complaint stating in a concise manner the general nature
of the charges against the officer, the decision of the board, and a
demand for the relief asserted by the officer. A bond must also be
filed that guarantees the appeal will be prosecuted to a final
determination and that the plaintiff will pay all costs only if the court
finds that the board's decision should be affirmed. The bond must be
approved as bonds for costs are approved in other cases. The county
must be named as the sole defendant and the plaintiff shall have a
summons issued as in other cases against the county. Neither the
board nor the members of it may be made parties defendant to the
complaint, but all are bound by service upon the county and the
judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be
heard de novo only upon any new issues related to the charges upon
which the decision of the board was made. Within ten (10) days after
the service of summons, the board shall file in court a complete
written transcript of all papers, entries, and other parts of the record
relating to the particular case. Inspection of these documents by the
person affected, or by the person's agent, must be permitted by the
board before the appeal is filed, if requested. The court shall review
the record and decision of the board on appeal.
(g) The court shall make specific findings and state the
conclusions of law upon which its decision is made. If the court finds
that the decision of the board appealed from should in all things be
affirmed, its judgment should so state. If the court finds that the
decision of the board appealed from should not be affirmed in all
things, then the court shall make a general finding, setting out
sufficient facts to show the nature of the proceeding and the court's
decision 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 either
party. Upon the final disposition of the appeal by the courts, the clerk
shall certify and file a copy of the final judgment of the court to the
board, which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then
the board shall pay to the party entitled to it any salary or wages
withheld from the party pending the appeal and to which the party is
entitled under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court
or a change of judge in the same manner as such changes are allowed
in civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall 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 the
number of members of the department by layoff for financial
reasons, the last member appointed to the department must be the
first to be laid off. Additional members must be laid off in reverse
hiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of the
department who have been laid off under this section must be
reinstated before any new member is appointed to the department.
The last member to be laid off from the department must be the first
to be reinstated. Additional members must be reinstated in reverse of
the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority
advised of the member's current address. The appointing authority
shall inform a member of the member's reinstatement by written
notice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice
of reinstatement is sent under subsection (d), the member must
advise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified
in the notice.
(f) All reinstatement rights granted to a member under this section
terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the
time specified in subsection (e); or
(2) five (5) years after the date on which a member's layoff
begins. As added by P.L.270-1999, SEC.2. Amended by P.L.56-2010, SEC.2.
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 and
means;
(3) X-ray, diagnostic, and therapeutic service, including service
during the recovery period; and
(4) hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(b) After deducting expenditures paid by an insurance or worker's
compensation program, a county shall pay for the care of the
following persons:
(1) A county police officer who:
(A) suffers an injury; or
(B) contracts an illness;
while the officer is on duty or while the officer is off duty and
is responding to an offense or a reported offense.
(2) A jail employee who:
(A) suffers an injury; or
(B) contracts an illness;
while the employee is on duty.
(c) Expenditures required by subsection (b) shall be paid from the
general fund of the county. As added by P.L.228-1991, SEC.1.
IC 36-8-10-12 Pension trust
Sec. 12. (a) The department and a trustee may establish and
operate an actuarially sound pension trust as a retirement plan for the
exclusive benefit of the employee beneficiaries. However, a
department and a trustee may not establish or modify a retirement
plan after June 30, 1989, without the approval of the county fiscal
body which shall not reduce or diminish any benefits of the
employee beneficiaries set forth in any retirement plan that was in
effect on January 1, 1989.
(b) The normal retirement age may be earlier but not later than the
age of seventy (70). However, the sheriff may retire an employee
who is otherwise eligible for retirement if the board finds that the
employee is not physically or mentally capable of performing the
employee's duties.
(c) Joint contributions shall be made to the trust fund:
(1) either by:
(A) the department through a general appropriation provided
to the department;
(B) a line item appropriation directly to the trust fund; or
(C) both; and
(2) by an employee beneficiary through authorized monthly
deductions from the employee beneficiary's salary or wages.
However, the employer may pay all or a part of the contribution
for the employee beneficiary.
Contributions through an appropriation are not required for plans
established or modifications adopted after June 30, 1989, unless the
establishment or modification is approved by the county fiscal body.
(d) For a county not having a consolidated city, the monthly
deductions from an employee beneficiary's wages for the trust fund
may not exceed six percent (6%) of the employee beneficiary's
average monthly wages. For a county having a consolidated city, the
monthly deductions from an employee beneficiary's wages for the
trust fund may not exceed seven percent (7%) of the employee
beneficiary's average monthly wages.
(e) The minimum annual contribution by the department must be
sufficient, as determined by the pension engineers, to prevent
deterioration 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 shall
be liquidated.
(f) If during liquidation all expenses of the pension trust are paid,
adequate provision must be made for continuing pension payments
to retired persons. Each employee beneficiary is entitled to receive
the net amount paid into the trust fund from the employee
beneficiary's wages, and any remaining sum shall be equitably
divided among employee beneficiaries in proportion to the net
amount paid from their wages into the trust fund.
(g) If a person ceases to be an employee beneficiary because of
death, disability, unemployment, retirement, or other reason, the
person, the person's beneficiary, or the person's estate is entitled to
receive at least the net amount paid into the trust fund from the
person's wages, either in a lump sum or monthly installments not less
than 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 proper
amount of the employee beneficiary's pension during the employee
beneficiary's lifetime.
(i) To be entitled to the full amount of the employee beneficiary's
pension classification, an employee beneficiary must have
contributed at least twenty (20) years of service to the department
before retirement. Otherwise, the employee beneficiary is entitled to
receive a pension proportional to the length of the employee
beneficiary's service.
(j) This subsection does not apply to a county that adopts an
ordinance under section 12.1 of this chapter. For an employee
beneficiary who retires before January 1, 1985, a monthly pension
may not exceed by more than twenty dollars ($20) one-half (1/2) the
amount of the average monthly wage received during the highest paid
five (5) years before retirement. However, in counties where the
fiscal body approves the increases, the maximum monthly pension
for an employee beneficiary who retires after December 31, 1984,
may be increased by no more or no less than two percent (2%) of that
average monthly wage for each year of service over twenty (20)
years to a maximum of seventy-four percent (74%) of that average
monthly wage plus twenty dollars ($20). For the purposes of
determining the amount of an increase in the maximum monthly
pension approved by the fiscal body for an employee beneficiary
who retires after December 31, 1984, the fiscal body may determine
that the employee beneficiary's years of service include the years of
service with the sheriff's department that occurred before the
effective date of the pension trust. For an employee beneficiary who
retires after June 30, 1996, the average monthly wage used to
determine the employee beneficiary's pension benefits may not
exceed the monthly minimum salary that a full-time prosecuting
attorney was entitled to be paid by the state at the time the employee
beneficiary retires.
(k) The trust fund may not be commingled with other funds,
except as provided in this chapter, and may be invested only in
accordance with statutes for investment of trust funds, including
other investments that are specifically designated in the trust
agreement.
(l) The trustee receives and holds as trustee all money paid to it as
trustee by the department, the employee beneficiaries, or by other
persons for the uses stated in the trust agreement.
(m) The trustee shall engage pension engineers to supervise and
assist in the technical operation of the pension trust in order that
there is no deterioration in the actuarial status of the plan.
(n) Within ninety (90) days after the close of each fiscal year, the
trustee, with the aid of the pension engineers, shall prepare and file
an annual report with the department. The report must include the
following:
(1) Schedule 1. Receipts and disbursements.
(2) Schedule 2. Assets of the pension trust listing investments
by book value and current market value as of the end of the
fiscal year.
(3) Schedule 3. List of terminations, showing the cause and
amount of refund.
(4) Schedule 4. The application of actuarially computed
"reserve factors" to the payroll data properly classified for the
purpose of computing the reserve liability of the trust fund as of
the end of the fiscal year.
(5) Schedule 5. The application of actuarially computed
"current liability factors" to the payroll data properly classified
for the purpose of computing the liability of the trust fund as of
the end of the fiscal year.
(o) No part of the corpus or income of the trust fund may be used
or diverted to any purpose other than the exclusive benefit of the
members 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 beneficiary
who:
(1) retires after June 30, 1997; and
(2) served in a county that has adopted an ordinance stating that
the maximum monthly pension for an employee beneficiary
who retires after June 30, 1997, shall be determined under this
section instead of section 12(j) of this chapter.
(b) As used in this section, "average monthly wage" means the
lesser of:
(1) the average monthly wage received by the employee
beneficiary during the highest paid three (3) years before
retirement; or
(2) the monthly minimum salary that a full-time prosecuting
attorney is entitled to be paid by the state at the time the
employee beneficiary retires.
(c) Except as provided in subsection (d), an employee
beneficiary's monthly pension may not exceed twenty dollars ($20)
plus one-half (1/2) the amount of the average monthly wage.
(d) The fiscal body of a county may approve an increase in the
maximum monthly pension for an employee beneficiary. The
maximum monthly pension may:
(1) be increased by one percent (1%) of the average monthly
wage for each six (6) months of service after twenty (20) years;
and
(2) not exceed seventy-four percent (74%) of the average
monthly wage plus twenty dollars ($20). As added by P.L.233-1997, SEC.2. IC 36-8-10-12.2 Deferred retirement option plan (DROP)
Sec. 12.2. (a) This section applies to a county that adopts a
deferred retirement option plan as part of its retirement plan under
this chapter.
(b) As used in this section, "DROP" refers to a deferred retirement
option plan established under this section.
(c) As used in this section, "DROP frozen benefit" refers to a
monthly pension benefit calculated under the provisions of a
retirement plan established under this chapter based on the employee
beneficiary'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 to
the maximum number of years of service included in the monthly
pension benefit calculation under a department's retirement plan.
(e) An employee beneficiary who:
(1) is not yet credited with the maximum number of years of
service; and
(2) is eligible to receive an unreduced benefit immediately upon
termination of employment;
may elect to enter a DROP. The employee beneficiary's election is
irrevocable.
(f) The employee beneficiary exits a DROP on the earliest of the
following:
(1) The date that the employee beneficiary is credited with the
maximum 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 who
participated in a DROP consists of:
(1) the DROP frozen benefit; plus
(2) an additional amount, paid as the employee beneficiary
elects under subsection (h), determined in STEP THREE of the
following formula:
STEP ONE: Multiply:
(A) the DROP frozen benefit; by
(B) the number of months the employee beneficiary
participated in the DROP.
STEP TWO: Multiply the product determined in STEP ONE by
an interest rate that does not exceed three percent (3%)
annually.
STEP THREE: Add the product determined under STEP ONE
and the product determined under STEP TWO.
(h) The employee beneficiary shall elect, at the employee
beneficiary's retirement, to receive the additional amount calculated
under 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 this
chapter does not apply to the additional amount calculated under
subsection (g)(2). No cost of living payment is applied to a DROP
frozen benefit while the employee beneficiary is participating in a
DROP.
(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 the
employee beneficiary had never entered the DROP.
(k) Except as provided in subsection (m), if, before the employee
beneficiary's monthly pension benefit begins, an employee
beneficiary 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 to
the employee beneficiary's surviving spouse. If there is no
surviving spouse, the lump sum must be divided equally among
the employee beneficiary's surviving children. If there are no
surviving children, the lump sum is paid to the employee
beneficiary's parents. If there are no surviving parents, the lump
sum is paid to the employee beneficiary's estate.
(2) A benefit is paid on the DROP frozen benefit under the
terms of the county's retirement plan.
(l) A DROP under this section must be designed to be actuarially
cost neutral to the county's retirement plan.
(m) This subsection applies if:
(1) an employee beneficiary dies in the line of duty before
payment of the employee beneficiary's monthly pension benefit
begins; and
(2) the calculation of a death benefit under the provisions of the
county's retirement plan depends upon whether an employee
beneficiary dies in the line of duty or other than in the line of
duty.
Death benefits for an employee beneficiary who dies in the line of
duty are calculated under the provisions of the county's retirement
plan as if the employee beneficiary had never entered the DROP and
shall 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 public
retirement funds
Sec. 12.5. (a) This section applies after June 30, 2009, to active
employee beneficiaries in a retirement plan established under this
chapter.
(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) The 1977 police officers' and firefighters' pension and
disability fund (IC 36-8-8).
(6) A retirement plan established under this chapter by a
department other than the department that employs the
employee beneficiary who desires to purchase service credit
under 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 established
under this chapter by the department that employs the employee
beneficiary, the employee beneficiary may make a transfer described
in subsection (d) for the amount in the public retirement fund that is
attributable to contributions made by or on behalf of the employee
beneficiary (plus credited earnings).
(d) An employee beneficiary described in subsection (c) may
transfer the amount described in subsection (c) to a retirement plan
established under this chapter by the department that employs the
employee beneficiary in order to purchase service credit in the
retirement plan for the employee beneficiary's prior service in a
public retirement fund.
(e) A transfer under subsection (d) is irrevocable. A transfer
cannot exceed the amount necessary to fund the service purchase
under subsection (d). Any amounts in the public retirement fund after
the transfer shall remain subject to the public retirement fund's
provisions.
(f) If an employee beneficiary makes a transfer under subsection
(d), the employee beneficiary is entitled to receive service credit for
the transferred amount equal to the service credit that would be
purchased by a contribution of the same amount computed at the
actuarial present value for an individual whose salary or wages and
age would be the same as the salary or wages and age of the
employee beneficiary on the transfer date.
(g) Before a transfer is made under this section, the employee
beneficiary must complete any forms required by:
(1) the public retirement fund from which the employee
beneficiary is requesting a transfer; and
(2) the retirement plan established under this chapter to which
the transfer is being made.
(h) An employee beneficiary who makes a transfer under
subsection (d) must have at least the number of years of credited
service necessary to receive an unreduced pension benefit in a
retirement plan established under this chapter by the department that
employs the employee beneficiary before the employee beneficiary
may receive a benefit based on the amount transferred under this
section.
(i) An employee beneficiary who:
(1) makes a transfer under subsection (d); and
(2) terminates employment before satisfying the eligibility
requirements necessary to receive a monthly pension;
may withdraw the transferred amount, plus accumulated interest,
from the retirement plan established under this chapter by the
department that employs the employee beneficiary after submitting
to the retirement plan established under this chapter a properly
completed application for a refund. If a withdrawal of the transferred
amount occurs under this subsection, the benefit payable to the
employee beneficiary from the retirement plan established under this
chapter shall be adjusted as necessary to ensure that the plan remains
actuarially cost neutral to the county.
(j) The department may deny an application to transfer an amount
under this section if the transfer would exceed the limitations under
Section 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 employee
beneficiary's service in the public retirement fund from which the
amount is transferred or paid.
(l) To the extent permitted by the Internal Revenue Code and
applicable regulations, a retirement plan established under this
chapter may accept, on behalf of an employee beneficiary who is
purchasing permissive 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 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 Section 408(b) of the Internal Revenue Code.
(m) To the extent permitted by the Internal Revenue Code and
applicable regulations, a retirement plan established under this
chapter may accept, on behalf of an employee beneficiary who is
purchasing permissive 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.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 sheriff
may participate in the pension trust in the same manner as a county
police officer. In addition, a sheriff who is not participating in the
pension trust after the creation of the pension trust in the sheriff's
county may make a payment to the pension trust in the amount of
contributions the sheriff would have made had the sheriff been
participating while a sheriff, plus interest at three percent (3%)
compounded annually. The sheriff is entitled to credit for the years
of service as a sheriff for all purposes of the pension trust if the
sheriff makes this payment. 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 death
benefit program for the payment of death benefits to deceased
employee beneficiaries. The department may provide these benefits
by the creation of a reserve account, by obtaining group life
insurance, or both. However, the department may not establish or
modify a death benefit program after June 30, 1989, without the
approval of the county fiscal body which shall not reduce or diminish
any death benefits set forth in any death benefit program that was in
effect on January 1, 1989.
(b) Benefits payable under a group life insurance policy
established under subsection (a) must be in reasonable amounts.
Benefits payable from a reserve account established under subsection
(a) may not exceed twenty-five thousand dollars ($25,000). 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 disability
benefit program for the payment of disability expense reimbursement
and pensions to employee beneficiaries with a disability. The
department may provide these benefits by the creation of a reserve
account, by obtaining disability insurance coverage, or both.
However, the department may not establish or modify a disability
benefit program after June 30, 1989, without the approval of the
county fiscal body which shall not reduce or diminish any disability
benefits set forth in any disability program that was in effect on
January 1, 1989.
(b) Benefits payable as a result of line of duty activities, including
a disability presumed incurred in the line of duty under IC 5-10-13,
must be in reasonable amounts. Monthly benefits payable as a result
of other activities may not exceed the amount of pension to which
that employee beneficiary employed until normal retirement age
would have been entitled. As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989,
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 a
dependent's pension benefit for the payment of pensions to dependent
parents, surviving spouses, and dependent children under eighteen
(18) years of age of former employee beneficiaries. The department
may provide these benefits by the creation of a reserve account, by
obtaining appropriate insurance coverage, or both. However, the
department may not establish or modify a dependent's pension
benefit after June 30, 1989, without the approval of the county fiscal
body which shall not reduce or diminish any dependent's pension
benefits that were in effect on January 1, 1989.
(b) This subsection applies to survivors of employee beneficiaries
who:
(1) died before January 1, 1990; and
(2) were covered by a benefit plan established under this
section.
The maximum monthly pension payable to dependent parents or
surviving spouses may not exceed two hundred dollars ($200) per
month during the parent's or the spouse's lifetime if the spouse did
not remarry before September 1, 1984. If the surviving spouse
remarried before September 1, 1984, benefits ceased on the date of
remarriage. The maximum monthly pension payable to dependent
children is thirty dollars ($30) per child and ceases with the last
payment before attaining eighteen (18) years of age.
(c) This subsection applies to survivors of employee beneficiaries
who:
(1) died after December 31, 1989; and
(2) were covered by a benefit plan established under this
section.
The monthly pension payable to dependent parents or surviving
spouses must be not less than two hundred dollars ($200) for each
month during the parent's or the spouse's lifetime. The monthly
pension payable to each dependent child must be not less than thirty
dollars ($30) for each child and ceases with the last payment before
attaining eighteen (18) years of age.
(d) The county fiscal body may by ordinance provide an increase
in the monthly pension of survivors of employee beneficiaries who
die before January 1, 1990. However, the monthly pension that is
provided under this subsection may not exceed the monthly pension
that is provided to survivors whose monthly pensions are determined
under subsection (c).
(e) In order to be eligible for a benefit under this section, the
surviving spouse of an employee beneficiary who dies after August
31, 1984, must have been married to the employee beneficiary at the
time of the employee's retirement or death in service.
(f) In addition to, or instead of, a modification of a surviving
spouse's monthly pension under this section, a county fiscal body
may approve a cost of living payment to a surviving spouse under
section 23 of this chapter. 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" has
the meaning set forth in IC 5-10-10-2.
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 this
chapter.
"Department" refers to the sheriff's department of a county.
"Eligible employee" means the sheriff of a county or a county
police officer.
"Employee beneficiary" means an eligible employee who has
completed an application to become an employee beneficiary and
who has had the proper deductions made from his wages as required
in the pension trust agreement.
"Net amount paid into the trust fund from wages of an employee
beneficiary" means the amount of money actually paid in from the
wages of the employee beneficiary, plus interest at the rate of three
percent (3%) compounded annually and less a sum including interest
at the same rate, paid from the trust fund to the employee beneficiary
or to a governmental fund for the credit or benefit of the employee
beneficiary.
"Pension engineers" means technical consultants qualified to
supervise and assist in the establishment, maintenance, and operation
of a pension trust on an actuarially sound basis.
"Trust fund" means the assets of the pension trust and consists of
voluntary contributions from the department, money paid from the
wages of employee beneficiaries, and other payments or
contributions made to the pension trust, including the income and
proceeds derived from the investment of them.
"Trustee" refers to the trustee of the pension trust, who may be
one (1) or more corporate trustees or the treasurer of the county
serving under bond. 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 (inserting
the name of the county).
(b) The board consists of five (5) members. Three (3) members
shall be appointed by the sheriff, and two (2) members shall be
elected by a majority vote of the members of the county police force
under procedures established by the sheriff's merit board. However,
no active county police officer may serve on the board.
Appointments are for terms of four (4) years or for the remainder of
an unexpired term. Not more than two (2) of the members appointed
by the sheriff nor more than one (1) of the members elected by the
officers may belong to the same political party. All members must
reside in the county. All members serve during their respective terms
and until their successors have been appointed and qualified. A
member may be removed for cause duly adjudicated by declaratory
judgment of the circuit court of the county.
(c) As compensation for service, each member of the board is
entitled to receive from the county a minimum of fifteen dollars
($15) per day for each day, or fraction of a day, that the member is
engaged in transacting the business of the board.
(d) As soon as practicable after the members of the board have
been appointed, they shall meet upon the call of the sheriff and
organize by electing a president and a secretary from among their
membership. Three (3) members of the board constitute a quorum for
the transaction of business. The board shall hold regular monthly
meetings throughout the year as is necessary to transact the business
of the sheriff's department. 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 the
county shall assign their duties according to law.
(b) The expenses of the county police force are a part of the
sheriff's department budget. The board may recommend the number
and salary of the personnel, but the county fiscal body shall
determine the budget and salaries.
(c) The county shall furnish to the sheriff and his full-time paid
county police officers the uniforms or other clothing they need to
perform their duties. However, after one (1) year of service in the
sheriff's department, a sheriff or or county police officer may be
required by the county to furnish and maintain his own uniform
clothing upon payment to him by the county of an annual cash
allowance 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 the
meaning set forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a county shall provide an active
member of the department with body armor for the torso. The county
shall replace the body armor for the torso according to the
replacement period recommended by the manufacturer of the body
armor for the torso.
(c) An active member of the department shall not be required to
maintain the body armor for the torso furnished under this section
from any annual cash allowance paid to the member under section
4(c) of this chapter.
(d) Body armor for the torso provided by a county under this
section remains the property of the county. The county may sell the
property when it becomes unfit for use, and all money received shall
be paid into the general fund of the county. As added by P.L.34-2010, SEC.8.
IC 36-8-10-5 Prison matron; appointment; powers and duties
Sec. 5. (a) Each sheriff shall appoint a prison matron for the
county. The sheriff shall set the qualifications for that position.
Except as provided in subsection (b), the sheriff has complete hiring
authority over the position of prison matron.
(b) A prison matron who was a county police officer appointed
under section 10(b) of this chapter immediately before being hired
as prison matron is entitled to the discipline and removal procedures
under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as prison matron; or
(2) removal from the department.
(c) The sheriff may employ assistant prison matrons if necessary.
(d) The prison matron or the prison matron's assistants shall
receive, search, and care for all female prisoners and all boys under
fourteen (14) years of age who are committed to or detained in the
county jail, municipal lockup, or other detention center in the county.
(e) The prison matron and assistant matrons:
(1) are members of the department;
(2) have the powers and duties of members of the department;
and
(3) are entitled to the same salary that other members of the
department of the same rank, grade, or position are paid. 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 has
complete hiring authority over the position of chief deputy.
(b) A chief deputy who was a county police officer appointed
under section 10(b) of this chapter immediately before being hired
as chief deputy is entitled to the discipline and removal procedures
under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as chief deputy; or
(2) removal from the department. As added by P.L.237-1996, SEC.2. IC 36-8-10-6 Emergencies; appointment of additional deputies and assistants
Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or
assistants if an emergency arises that requires them for:
(1) promoting public safety and conserving the peace;
(2) repressing, preventing, and detecting crime; and
(3) apprehending criminals.
(b) The county executive shall determine the number and salaries
of deputy sheriffs or assistants to be appointed in an emergency. The
executive shall provide compensation and necessary expenses for
them from the general fund of the county without a specific
appropriation. Expenses shall be paid after the appointed persons file
sworn vouchers with the executive detailing their expenses.
(c) The deputies or assistants have the same powers that sheriffs
have under statute.
(d) The deputy sheriffs or assistants must have been bona fide
residents of the county for at least one (1) year before their
appointment. This subsection does not apply to a county having a
consolidated city.
(e) When the emergency ends, the county executive may reduce
the number of deputy sheriffs or assistants to the number that the
circumstances require for the public welfare. 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 shall
fix the exact amount per meal that the sheriff of each county receives
for feeding the prisoners in the sheriff's custody. Subject to the
maximum meal allowance provided in this section, the state
examiner shall increase the amount per meal that a sheriff receives
as follows:
(1) Increase the amount per meal by a percentage that does not
exceed the percent of increase in the United States Department
of Labor Consumer Price Index during the year preceding the
year in which an increase is established.
(2) Increase the amount per meal above the amount determined
under subdivision (1) if the sheriff furnishes to the state
examiner sufficient documentation to prove that the sheriff
cannot provide meals at the amount per meal that is determined
under subdivision (1).
The amount must be fixed by April 15 each year and takes effect
immediately upon approval. The allowance may not exceed two
dollars ($2) per person per meal. The allowance shall be paid out of
the general fund of the county after the sheriff submits to the county
executive an itemized statement, under oath, showing the names of
the 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) through
IC 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 less
than 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 in
the usual manner by the county fiscal body. The appropriation shall
be expended by the sheriff under the direction of the county
executive. If a county has a population of less than four hundred
thousand (400,000), an accounting of the expenditures must be filed
monthly with the county auditor by the fifth day of the month
following the expenditure. If a county has a population of four
hundred thousand (400,000) or more, an accounting of the
expenditures must be filed with the county auditor on the first
Monday of January and the first Monday of July of each year.
Neither the sheriff nor the sheriff's officers, deputies, and employees
may 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 either
by election or by appointment shall, upon the expiration of his term
and upon his written application, be appointed by the board to the
rank in the department that he held at the time of his election or
appointment as sheriff, if there is a vacancy in the department.
However, if the sheriff during his tenure of office has qualified in
accordance with the promotion procedure prescribed by the board in
its rules for a rank in the department that is higher than the rank he
previously held, the board shall, upon the expiration of his term as
sheriff, appoint him to the rank for which he has qualified under the
promotion 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 an
offense within his view, take them before the court having
jurisdiction, and detain them in custody until the cause of the
arrest has been investigated;
(3) shall suppress all breaches of the peace within his
knowledge, with authority to call to his aid the power of the
county;
(4) shall pursue and commit to the jail of the county all felons;
(5) may execute all process directed to the sheriff by legal
authority;
(6) shall attend upon and preserve order in all courts of the
county;
(7) shall guard prisoners in the county jail;
(8) shall serve all process directed to the sheriff from a court or
from the county executive according to law; and
(9) shall take photographs, fingerprints, and other identification
data as shall be prescribed by the sheriff of persons taken into
custody for felonies or misdemeanors.
(b) A person who:
(1) refuses to be photographed;
(2) refuses to be fingerprinted;
(3) withholds information; or
(4) gives false information;
as prescribed in subsection (a)(9), commits a Class C misdemeanor. 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 position
of prison matron, and in a county with a population of more than
fifty thousand (50,000), temporary administrative ranks or positions
established and appointed by the sheriff, the sheriff, with the
approval of the board, shall establish a classification of ranks, grades,
and positions for county police officers in the department. For each
rank, grade, and position established, the sheriff, with the approval
of the board, shall:
(1) set reasonable standards of qualifications; and
(2) fix the prerequisites of:
(A) training;
(B) education; and
(C) experience.
(b) The sheriff, with the approval of the board, shall devise and
administer examinations designed to test applicants for the
qualifications required for the respective ranks, grades, or positions.
After these examinations, the sheriff and the board shall jointly
prepare a list naming only those applicants who, in the opinion of
both the sheriff and the board, best meet the prescribed standards and
prerequisites. The sheriff appoints county police officers but only
from among the persons whose names appear on this list. All county
police officers appointed to the department under this chapter are on
probation for a period of one (1) year from the date of appointment.
(c) In a county with a population of more than fifty thousand
(50,000), the sheriff may:
(1) establish a temporary administrative rank or position within
the county police department; and
(2) appoint a county police officer that has served as a county
police officer for at least five (5) years to and remove a county
police officer from a temporary administrative rank or position;
without the approval of the board. Any temporary administrative
rank or position established pursuant to this section shall not
diminish or reduce the number and classifications of the existing
merit ranks within the county police department. A county police
officer appointed under this subsection must have served as a county
police officer in the county police department for at least five (5)
years before the appointment. A county police officer retains the
rank, grade, or position awarded under subsection (b) while serving
in a temporary administrative rank or position. This subsection may
not be construed to limit, modify, annul, or otherwise affect a
collective bargaining agreement.
(d) In a county with a population of more than fifty thousand
(50,000), the sheriff, with the approval of the board, shall establish
written rules and regulations governing the discipline of county
police officers. Rules and regulations established by a sheriff under
this subsection must conform to the disciplinary procedure required
by section 11 of this chapter. 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 a
preference for employment according to the following priority:
(1) A war veteran who has been honorably discharged from the
United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference for
employment to any of the following:
(1) A member of another department laid off under section 11.1
of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(c) A person described in subsection (a) or (b) may not receive a
preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department. As added by P.L.95-2003, SEC.2. Amended by P.L.110-2010,
SEC.36.
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 any
person who is employed by a governmental entity as defined in
IC 35-41-1 or private employer, the nature of which employment
necessitates that the person have the powers of a law enforcement
officer. During the term of his appointment and while he is fulfilling
the specific responsibilities for which the appointment is made, a
special deputy has the powers, privileges, and duties of a county
police officer under this chapter, subject to any written limitations
and specific requirements imposed by the sheriff and signed by the
special deputy. A special deputy is subject to the direction of the
sheriff and shall obey the rules and orders of the department. A
special deputy may be removed by the sheriff at any time, without
notice and without assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education,
and experience for special deputies, subject to the minimum
requirements prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanor
involving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance of
their authorized duties.
(c) Except as provided in subsection (d), a special deputy shall
wear a uniform the design and color of which is easily
distinguishable from the uniforms of the Indiana state police, the
regular county police force, and all municipal police and fire forces
located in the county.
(d) The sheriff may permit a special deputy to wear the uniform
of the regular county police force if the special deputy:
(1) has successfully completed the minimum basic training
requirements under IC 5-2-1;
(2) is periodically assigned by the sheriff to duties of a regular
county police officer; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear the
uniform of the regular county police force at any time without cause
or notice.
(e) The sheriff may also appoint one (1) legal deputy, who must
be a member of the Indiana bar. The legal deputy does not have
police powers. The legal deputy may continue to practice law.
However, neither the legal deputy nor any attorney in partnership
with him may represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the county
jail:
(1) in counties not having a consolidated city, may appoint
special deputies to serve as county jail guards; and
(2) in counties having a consolidated city, shall appoint only
special deputies to serve as county jail guards.
This subsection does not affect the rights or liabilities accrued by any
county police officer assigned to guard the jail before August 31,
1982. As added by P.L.311-1983, SEC.45. Amended by P.L.48-1987,
SEC.2.
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 temporarily
suspend a county police officer for cause after preferring charges in
writing and after a fair public hearing before the board, which is
reviewable in the circuit court. Written notice of the charges and
hearing must be delivered by certified mail to the officer to be
disciplined at least fourteen (14) days before the date set for the
hearing. The officer may be represented by counsel. The board shall
make specific findings of fact in writing to support its decision.
(b) The sheriff may temporarily suspend an officer with or
without pay for a period not exceeding fifteen (15) days, without a
hearing before the board, after preferring charges of misconduct in
writing delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or
temporarily suspended because of political affiliation nor after the
officer's probationary period, except as provided in this section. An
officer may:
(1) be a candidate for elective office and serve in that office if
elected;
(2) be appointed to an office and serve in that office if
appointed; and
(3) except when in uniform or on duty, solicit votes or
campaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit
court for hearings under this section. An officer on probation may be
dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in
court, within thirty (30) days after the date the decision is rendered,
a verified complaint stating in a concise manner the general nature
of the charges against the officer, the decision of the board, and a
demand for the relief asserted by the officer. A bond must also be
filed that guarantees the appeal will be prosecuted to a final
determination and that the plaintiff will pay all costs only if the court
finds that the board's decision should be affirmed. The bond must be
approved as bonds for costs are approved in other cases. The county
must be named as the sole defendant and the plaintiff shall have a
summons issued as in other cases against the county. Neither the
board nor the members of it may be made parties defendant to the
complaint, but all are bound by service upon the county and the
judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be
heard de novo only upon any new issues related to the charges upon
which the decision of the board was made. Within ten (10) days after
the service of summons, the board shall file in court a complete
written transcript of all papers, entries, and other parts of the record
relating to the particular case. Inspection of these documents by the
person affected, or by the person's agent, must be permitted by the
board before the appeal is filed, if requested. The court shall review
the record and decision of the board on appeal.
(g) The court shall make specific findings and state the
conclusions of law upon which its decision is made. If the court finds
that the decision of the board appealed from should in all things be
affirmed, its judgment should so state. If the court finds that the
decision of the board appealed from should not be affirmed in all
things, then the court shall make a general finding, setting out
sufficient facts to show the nature of the proceeding and the court's
decision 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 either
party. Upon the final disposition of the appeal by the courts, the clerk
shall certify and file a copy of the final judgment of the court to the
board, which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then
the board shall pay to the party entitled to it any salary or wages
withheld from the party pending the appeal and to which the party is
entitled under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court
or a change of judge in the same manner as such changes are allowed
in civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall 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 the
number of members of the department by layoff for financial
reasons, the last member appointed to the department must be the
first to be laid off. Additional members must be laid off in reverse
hiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of the
department who have been laid off under this section must be
reinstated before any new member is appointed to the department.
The last member to be laid off from the department must be the first
to be reinstated. Additional members must be reinstated in reverse of
the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority
advised of the member's current address. The appointing authority
shall inform a member of the member's reinstatement by written
notice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice
of reinstatement is sent under subsection (d), the member must
advise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified
in the notice.
(f) All reinstatement rights granted to a member under this section
terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the
time specified in subsection (e); or
(2) five (5) years after the date on which a member's layoff
begins. As added by P.L.270-1999, SEC.2. Amended by P.L.56-2010, SEC.2.
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 and
means;
(3) X-ray, diagnostic, and therapeutic service, including service
during the recovery period; and
(4) hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(b) After deducting expenditures paid by an insurance or worker's
compensation program, a county shall pay for the care of the
following persons:
(1) A county police officer who:
(A) suffers an injury; or
(B) contracts an illness;
while the officer is on duty or while the officer is off duty and
is responding to an offense or a reported offense.
(2) A jail employee who:
(A) suffers an injury; or
(B) contracts an illness;
while the employee is on duty.
(c) Expenditures required by subsection (b) shall be paid from the
general fund of the county. As added by P.L.228-1991, SEC.1.
IC 36-8-10-12 Pension trust
Sec. 12. (a) The department and a trustee may establish and
operate an actuarially sound pension trust as a retirement plan for the
exclusive benefit of the employee beneficiaries. However, a
department and a trustee may not establish or modify a retirement
plan after June 30, 1989, without the approval of the county fiscal
body which shall not reduce or diminish any benefits of the
employee beneficiaries set forth in any retirement plan that was in
effect on January 1, 1989.
(b) The normal retirement age may be earlier but not later than the
age of seventy (70). However, the sheriff may retire an employee
who is otherwise eligible for retirement if the board finds that the
employee is not physically or mentally capable of performing the
employee's duties.
(c) Joint contributions shall be made to the trust fund:
(1) either by:
(A) the department through a general appropriation provided
to the department;
(B) a line item appropriation directly to the trust fund; or
(C) both; and
(2) by an employee beneficiary through authorized monthly
deductions from the employee beneficiary's salary or wages.
However, the employer may pay all or a part of the contribution
for the employee beneficiary.
Contributions through an appropriation are not required for plans
established or modifications adopted after June 30, 1989, unless the
establishment or modification is approved by the county fiscal body.
(d) For a county not having a consolidated city, the monthly
deductions from an employee beneficiary's wages for the trust fund
may not exceed six percent (6%) of the employee beneficiary's
average monthly wages. For a county having a consolidated city, the
monthly deductions from an employee beneficiary's wages for the
trust fund may not exceed seven percent (7%) of the employee
beneficiary's average monthly wages.
(e) The minimum annual contribution by the department must be
sufficient, as determined by the pension engineers, to prevent
deterioration 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 shall
be liquidated.
(f) If during liquidation all expenses of the pension trust are paid,
adequate provision must be made for continuing pension payments
to retired persons. Each employee beneficiary is entitled to receive
the net amount paid into the trust fund from the employee
beneficiary's wages, and any remaining sum shall be equitably
divided among employee beneficiaries in proportion to the net
amount paid from their wages into the trust fund.
(g) If a person ceases to be an employee beneficiary because of
death, disability, unemployment, retirement, or other reason, the
person, the person's beneficiary, or the person's estate is entitled to
receive at least the net amount paid into the trust fund from the
person's wages, either in a lump sum or monthly installments not less
than 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 proper
amount of the employee beneficiary's pension during the employee
beneficiary's lifetime.
(i) To be entitled to the full amount of the employee beneficiary's
pension classification, an employee beneficiary must have
contributed at least twenty (20) years of service to the department
before retirement. Otherwise, the employee beneficiary is entitled to
receive a pension proportional to the length of the employee
beneficiary's service.
(j) This subsection does not apply to a county that adopts an
ordinance under section 12.1 of this chapter. For an employee
beneficiary who retires before January 1, 1985, a monthly pension
may not exceed by more than twenty dollars ($20) one-half (1/2) the
amount of the average monthly wage received during the highest paid
five (5) years before retirement. However, in counties where the
fiscal body approves the increases, the maximum monthly pension
for an employee beneficiary who retires after December 31, 1984,
may be increased by no more or no less than two percent (2%) of that
average monthly wage for each year of service over twenty (20)
years to a maximum of seventy-four percent (74%) of that average
monthly wage plus twenty dollars ($20). For the purposes of
determining the amount of an increase in the maximum monthly
pension approved by the fiscal body for an employee beneficiary
who retires after December 31, 1984, the fiscal body may determine
that the employee beneficiary's years of service include the years of
service with the sheriff's department that occurred before the
effective date of the pension trust. For an employee beneficiary who
retires after June 30, 1996, the average monthly wage used to
determine the employee beneficiary's pension benefits may not
exceed the monthly minimum salary that a full-time prosecuting
attorney was entitled to be paid by the state at the time the employee
beneficiary retires.
(k) The trust fund may not be commingled with other funds,
except as provided in this chapter, and may be invested only in
accordance with statutes for investment of trust funds, including
other investments that are specifically designated in the trust
agreement.
(l) The trustee receives and holds as trustee all money paid to it as
trustee by the department, the employee beneficiaries, or by other
persons for the uses stated in the trust agreement.
(m) The trustee shall engage pension engineers to supervise and
assist in the technical operation of the pension trust in order that
there is no deterioration in the actuarial status of the plan.
(n) Within ninety (90) days after the close of each fiscal year, the
trustee, with the aid of the pension engineers, shall prepare and file
an annual report with the department. The report must include the
following:
(1) Schedule 1. Receipts and disbursements.
(2) Schedule 2. Assets of the pension trust listing investments
by book value and current market value as of the end of the
fiscal year.
(3) Schedule 3. List of terminations, showing the cause and
amount of refund.
(4) Schedule 4. The application of actuarially computed
"reserve factors" to the payroll data properly classified for the
purpose of computing the reserve liability of the trust fund as of
the end of the fiscal year.
(5) Schedule 5. The application of actuarially computed
"current liability factors" to the payroll data properly classified
for the purpose of computing the liability of the trust fund as of
the end of the fiscal year.
(o) No part of the corpus or income of the trust fund may be used
or diverted to any purpose other than the exclusive benefit of the
members 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 beneficiary
who:
(1) retires after June 30, 1997; and
(2) served in a county that has adopted an ordinance stating that
the maximum monthly pension for an employee beneficiary
who retires after June 30, 1997, shall be determined under this
section instead of section 12(j) of this chapter.
(b) As used in this section, "average monthly wage" means the
lesser of:
(1) the average monthly wage received by the employee
beneficiary during the highest paid three (3) years before
retirement; or
(2) the monthly minimum salary that a full-time prosecuting
attorney is entitled to be paid by the state at the time the
employee beneficiary retires.
(c) Except as provided in subsection (d), an employee
beneficiary's monthly pension may not exceed twenty dollars ($20)
plus one-half (1/2) the amount of the average monthly wage.
(d) The fiscal body of a county may approve an increase in the
maximum monthly pension for an employee beneficiary. The
maximum monthly pension may:
(1) be increased by one percent (1%) of the average monthly
wage for each six (6) months of service after twenty (20) years;
and
(2) not exceed seventy-four percent (74%) of the average
monthly wage plus twenty dollars ($20). As added by P.L.233-1997, SEC.2. IC 36-8-10-12.2 Deferred retirement option plan (DROP)
Sec. 12.2. (a) This section applies to a county that adopts a
deferred retirement option plan as part of its retirement plan under
this chapter.
(b) As used in this section, "DROP" refers to a deferred retirement
option plan established under this section.
(c) As used in this section, "DROP frozen benefit" refers to a
monthly pension benefit calculated under the provisions of a
retirement plan established under this chapter based on the employee
beneficiary'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 to
the maximum number of years of service included in the monthly
pension benefit calculation under a department's retirement plan.
(e) An employee beneficiary who:
(1) is not yet credited with the maximum number of years of
service; and
(2) is eligible to receive an unreduced benefit immediately upon
termination of employment;
may elect to enter a DROP. The employee beneficiary's election is
irrevocable.
(f) The employee beneficiary exits a DROP on the earliest of the
following:
(1) The date that the employee beneficiary is credited with the
maximum 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 who
participated in a DROP consists of:
(1) the DROP frozen benefit; plus
(2) an additional amount, paid as the employee beneficiary
elects under subsection (h), determined in STEP THREE of the
following formula:
STEP ONE: Multiply:
(A) the DROP frozen benefit; by
(B) the number of months the employee beneficiary
participated in the DROP.
STEP TWO: Multiply the product determined in STEP ONE by
an interest rate that does not exceed three percent (3%)
annually.
STEP THREE: Add the product determined under STEP ONE
and the product determined under STEP TWO.
(h) The employee beneficiary shall elect, at the employee
beneficiary's retirement, to receive the additional amount calculated
under 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 this
chapter does not apply to the additional amount calculated under
subsection (g)(2). No cost of living payment is applied to a DROP
frozen benefit while the employee beneficiary is participating in a
DROP.
(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 the
employee beneficiary had never entered the DROP.
(k) Except as provided in subsection (m), if, before the employee
beneficiary's monthly pension benefit begins, an employee
beneficiary 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 to
the employee beneficiary's surviving spouse. If there is no
surviving spouse, the lump sum must be divided equally among
the employee beneficiary's surviving children. If there are no
surviving children, the lump sum is paid to the employee
beneficiary's parents. If there are no surviving parents, the lump
sum is paid to the employee beneficiary's estate.
(2) A benefit is paid on the DROP frozen benefit under the
terms of the county's retirement plan.
(l) A DROP under this section must be designed to be actuarially
cost neutral to the county's retirement plan.
(m) This subsection applies if:
(1) an employee beneficiary dies in the line of duty before
payment of the employee beneficiary's monthly pension benefit
begins; and
(2) the calculation of a death benefit under the provisions of the
county's retirement plan depends upon whether an employee
beneficiary dies in the line of duty or other than in the line of
duty.
Death benefits for an employee beneficiary who dies in the line of
duty are calculated under the provisions of the county's retirement
plan as if the employee beneficiary had never entered the DROP and
shall 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 public
retirement funds
Sec. 12.5. (a) This section applies after June 30, 2009, to active
employee beneficiaries in a retirement plan established under this
chapter.
(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) The 1977 police officers' and firefighters' pension and
disability fund (IC 36-8-8).
(6) A retirement plan established under this chapter by a
department other than the department that employs the
employee beneficiary who desires to purchase service credit
under 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 established
under this chapter by the department that employs the employee
beneficiary, the employee beneficiary may make a transfer described
in subsection (d) for the amount in the public retirement fund that is
attributable to contributions made by or on behalf of the employee
beneficiary (plus credited earnings).
(d) An employee beneficiary described in subsection (c) may
transfer the amount described in subsection (c) to a retirement plan
established under this chapter by the department that employs the
employee beneficiary in order to purchase service credit in the
retirement plan for the employee beneficiary's prior service in a
public retirement fund.
(e) A transfer under subsection (d) is irrevocable. A transfer
cannot exceed the amount necessary to fund the service purchase
under subsection (d). Any amounts in the public retirement fund after
the transfer shall remain subject to the public retirement fund's
provisions.
(f) If an employee beneficiary makes a transfer under subsection
(d), the employee beneficiary is entitled to receive service credit for
the transferred amount equal to the service credit that would be
purchased by a contribution of the same amount computed at the
actuarial present value for an individual whose salary or wages and
age would be the same as the salary or wages and age of the
employee beneficiary on the transfer date.
(g) Before a transfer is made under this section, the employee
beneficiary must complete any forms required by:
(1) the public retirement fund from which the employee
beneficiary is requesting a transfer; and
(2) the retirement plan established under this chapter to which
the transfer is being made.
(h) An employee beneficiary who makes a transfer under
subsection (d) must have at least the number of years of credited
service necessary to receive an unreduced pension benefit in a
retirement plan established under this chapter by the department that
employs the employee beneficiary before the employee beneficiary
may receive a benefit based on the amount transferred under this
section.
(i) An employee beneficiary who:
(1) makes a transfer under subsection (d); and
(2) terminates employment before satisfying the eligibility
requirements necessary to receive a monthly pension;
may withdraw the transferred amount, plus accumulated interest,
from the retirement plan established under this chapter by the
department that employs the employee beneficiary after submitting
to the retirement plan established under this chapter a properly
completed application for a refund. If a withdrawal of the transferred
amount occurs under this subsection, the benefit payable to the
employee beneficiary from the retirement plan established under this
chapter shall be adjusted as necessary to ensure that the plan remains
actuarially cost neutral to the county.
(j) The department may deny an application to transfer an amount
under this section if the transfer would exceed the limitations under
Section 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 employee
beneficiary's service in the public retirement fund from which the
amount is transferred or paid.
(l) To the extent permitted by the Internal Revenue Code and
applicable regulations, a retirement plan established under this
chapter may accept, on behalf of an employee beneficiary who is
purchasing permissive 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 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 Section 408(b) of the Internal Revenue Code.
(m) To the extent permitted by the Internal Revenue Code and
applicable regulations, a retirement plan established under this
chapter may accept, on behalf of an employee beneficiary who is
purchasing permissive 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.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 sheriff
may participate in the pension trust in the same manner as a county
police officer. In addition, a sheriff who is not participating in the
pension trust after the creation of the pension trust in the sheriff's
county may make a payment to the pension trust in the amount of
contributions the sheriff would have made had the sheriff been
participating while a sheriff, plus interest at three percent (3%)
compounded annually. The sheriff is entitled to credit for the years
of service as a sheriff for all purposes of the pension trust if the
sheriff makes this payment. 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 death
benefit program for the payment of death benefits to deceased
employee beneficiaries. The department may provide these benefits
by the creation of a reserve account, by obtaining group life
insurance, or both. However, the department may not establish or
modify a death benefit program after June 30, 1989, without the
approval of the county fiscal body which shall not reduce or diminish
any death benefits set forth in any death benefit program that was in
effect on January 1, 1989.
(b) Benefits payable under a group life insurance policy
established under subsection (a) must be in reasonable amounts.
Benefits payable from a reserve account established under subsection
(a) may not exceed twenty-five thousand dollars ($25,000). 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 disability
benefit program for the payment of disability expense reimbursement
and pensions to employee beneficiaries with a disability. The
department may provide these benefits by the creation of a reserve
account, by obtaining disability insurance coverage, or both.
However, the department may not establish or modify a disability
benefit program after June 30, 1989, without the approval of the
county fiscal body which shall not reduce or diminish any disability
benefits set forth in any disability program that was in effect on
January 1, 1989.
(b) Benefits payable as a result of line of duty activities, including
a disability presumed incurred in the line of duty under IC 5-10-13,
must be in reasonable amounts. Monthly benefits payable as a result
of other activities may not exceed the amount of pension to which
that employee beneficiary employed until normal retirement age
would have been entitled. As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989,
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 a
dependent's pension benefit for the payment of pensions to dependent
parents, surviving spouses, and dependent children under eighteen
(18) years of age of former employee beneficiaries. The department
may provide these benefits by the creation of a reserve account, by
obtaining appropriate insurance coverage, or both. However, the
department may not establish or modify a dependent's pension
benefit after June 30, 1989, without the approval of the county fiscal
body which shall not reduce or diminish any dependent's pension
benefits that were in effect on January 1, 1989.
(b) This subsection applies to survivors of employee beneficiaries
who:
(1) died before January 1, 1990; and
(2) were covered by a benefit plan established under this
section.
The maximum monthly pension payable to dependent parents or
surviving spouses may not exceed two hundred dollars ($200) per
month during the parent's or the spouse's lifetime if the spouse did
not remarry before September 1, 1984. If the surviving spouse
remarried before September 1, 1984, benefits ceased on the date of
remarriage. The maximum monthly pension payable to dependent
children is thirty dollars ($30) per child and ceases with the last
payment before attaining eighteen (18) years of age.
(c) This subsection applies to survivors of employee beneficiaries
who:
(1) died after December 31, 1989; and
(2) were covered by a benefit plan established under this
section.
The monthly pension payable to dependent parents or surviving
spouses must be not less than two hundred dollars ($200) for each
month during the parent's or the spouse's lifetime. The monthly
pension payable to each dependent child must be not less than thirty
dollars ($30) for each child and ceases with the last payment before
attaining eighteen (18) years of age.
(d) The county fiscal body may by ordinance provide an increase
in the monthly pension of survivors of employee beneficiaries who
die before January 1, 1990. However, the monthly pension that is
provided under this subsection may not exceed the monthly pension
that is provided to survivors whose monthly pensions are determined
under subsection (c).
(e) In order to be eligible for a benefit under this section, the
surviving spouse of an employee beneficiary who dies after August
31, 1984, must have been married to the employee beneficiary at the
time of the employee's retirement or death in service.
(f) In addition to, or instead of, a modification of a surviving
spouse's monthly pension under this section, a county fiscal body
may approve a cost of living payment to a surviving spouse under
section 23 of this chapter. 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" has
the meaning set forth in IC 5-10-10-2.
