IC 36-8-6-1 Application of chapter
Sec. 1. (a) This chapter applies to pension benefits for members
of police departments hired before May 1, 1977, in second and third
class cities, and in towns that have established a board of
metropolitan police commissioners.
(b) A police officer with twenty (20) years of service is covered
by this chapter and not by IC 36-8-8 if he:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A police officer is covered by this chapter and not by
IC 36-8-8 if he:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 1981);
(3) was rehired after April 30, 1977, but before February 1,
1979; and
(4) was made, before February 1, 1979, a member of a 1925
fund.
(d) A police matron is covered by this chapter and not by
IC 5-10.3 or IC 36-8-8 if she:
(1) was hired before May 1, 1977;
(2) is a member of a police department in a second or third class
city; and
(3) is employed as a police matron on March 31, 1996. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.44, SEC.57; P.L.3-1990, SEC.129; P.L.236-1996, SEC.1.
IC 36-8-6-1.5 Qualification of 1925 fund under Internal Revenue Code; benefit
limitations
Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
(b) The 1925 fund shall satisfy the qualification requirements in
Section 401 of the Internal Revenue Code, as applicable to the 1925
fund. In order to meet those requirements, the 1925 fund is subject
to the following provisions, notwithstanding any other provision of
this chapter:
(1) The local board shall distribute the corpus and income of the
1925 fund to members and their beneficiaries in accordance
with this chapter.
(2) No part of the corpus or income of the 1925 fund may be
used or diverted to any purpose other than the exclusive benefit
of the members and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits
any member would otherwise receive under this chapter.
(4) If the 1925 fund is terminated, or if all contributions to the
1925 fund are completely discontinued, the rights of each
affected member to the benefits accrued at the date of the
termination or discontinuance, to the extent then funded, are
nonforfeitable.
(5) All benefits paid from the 1925 fund shall be distributed in
accordance with the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations under that section.
In order to meet those requirements, the 1925 fund is subject to
the following provisions:
(A) The life expectancy of a member, the member's spouse,
or the member's beneficiary shall not be recalculated after
the initial determination, for purposes of determining
benefits.
(B) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin
no later than December 31 of the calendar year immediately
following the calendar year in which the member died.
(C) The amount of an annuity paid to a member's beneficiary
may not exceed the maximum amount determined under the
incidental death benefit requirement of the Internal Revenue
Code.
(6) The local board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of members or beneficiaries;
in a manner that discriminates in favor of members who are
considered officers, supervisors, or highly compensated, as
prohibited under Section 401(a)(4) of the Internal Revenue
Code.
(7) Benefits paid under this chapter may not exceed the
maximum benefit specified by Section 415 of the Internal
Revenue Code.
(8) The salary taken into account under this chapter may not
exceed the applicable amount under Section 401(a)(17) of the
Internal Revenue Code.
(9) The local board may not engage in a transaction prohibited
by Section 503(b) of the Internal Revenue Code.
(c) Notwithstanding any other provision of this chapter, and solely
for the purposes of the benefits provided under this chapter, the
benefit limitations of Section 415 of the Internal Revenue Code shall
be determined by applying the provisions of Section 415(b)(10) of
the Internal Revenue Code, as amended by the Technical and
Miscellaneous Revenue Act of 1988. This section constitutes an
election under Section 415(b)(10)(C) of the Internal Revenue Code
to have Section 415(b) of the Internal Revenue Code, other than
Section 415(b)(2)(G) of the Internal Revenue Code, applied without
regard to Section 415(b)(2)(F) of the Internal Revenue Code to
anyone who did not first become a participant before January 1,
1990. As added by P.L.55-1989, SEC.48. Amended by P.L.4-1990, SEC.15.
IC 36-8-6-1.7 "Americans with Disabilities Act"
Sec. 1.7. As used in this chapter, "Americans with Disabilities
Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101
et seq.) and any amendments and regulations related to the Act. As added by P.L.4-1992, SEC.32.
IC 36-8-6-1.9 Administration of fund
Sec. 1.9. The 1925 fund shall be administered in a manner that is
consistent with the Americans with Disabilities Act, to the extent
required by the Act. As added by P.L.4-1992, SEC.33.
IC 36-8-6-2 Creation of fund; management by board of trustees; selection and
compensation of trustees
Sec. 2. (a) A police pension fund to be known as the 1925 fund is
established in each municipality described in section 1(a) of this
chapter.
(b) The 1925 fund shall be managed by a board of trustees
(referred to as the "local board" in this chapter) having at least seven
(7) but not more than nine (9) trustees, as follows:
(1) The municipal executive, the municipal fiscal officer, and
the police chief, who are ex officio voting members of the local
board.
(2) One (1) retired member of the police department.
(3) At least three (3) but not more than five (5) active members
of the police department.
However, in cities where there are not sufficient members of the
police department to appoint a local board consisting of at least five
(5) trustees, the local board may be composed of three (3) trustees,
those being the executive, the fiscal officer, and the police chief.
(c) The trustees under subsections (b)(2) and (b)(3) shall be
elected at a meeting of the members of the police department at the
central police station on the second Monday in February of each
year. The trustees are elected for terms of three (3) years, succeeding
those trustees whose terms of office expire on that date. The trustees
hold their offices until their successors are elected and qualified.
(d) If a vacancy occurs on the local board among those trustees
elected by the police department, the police department shall, within
a reasonable time, hold a special meeting upon the call of the
municipal executive and elect a successor for the remainder of the
trustee's term.
(e) A majority of all the trustees constitutes a quorum for the
transaction of business.
(f) The trustees receive no pay for their services and shall be paid
only their necessary expenses. However, the trustees, the secretary,
and each member of the police department selected by the local
board shall be paid their necessary traveling expenses from the 1925
fund when acting upon matters pertaining to the fund.
(g) The local board may make all necessary bylaws for:
(1) meetings of the trustees;
(2) the manner of their election, including the counting and
canvassing of the votes;
(3) the collection of all money and other property due or
belonging to the 1925 fund;
(4) all matters connected with the care, preservation, and
disbursement of the fund; and
(5) all other matters connected with the proper execution of this
chapter. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.44, SEC.58; P.L.236-1996, SEC.2; P.L.173-2003, SEC.32.
IC 36-8-6-3 Board of trustees; officers; duties
Sec. 3. (a) The municipal executive is president of the local board,
the municipal fiscal officer is its treasurer, and the local board shall
select one (1) of its members secretary. The secretary shall be paid
out of the 1925 fund a sum for the secretary's services as fixed by the
local board.
(b) The president shall preside over all meetings of the local
board, call special meetings of the police department of the city, and
preside over the annual and called meetings of the department
concerning the 1925 fund.
(c) The treasurer:
(1) has custody of all money and securities due or belonging to
the 1925 fund and shall collect the principal and interest on
them;
(2) is liable on the treasurer's bond as an officer for the
municipality for the faithful accounting of all money and
securities belonging to the fund that come into the treasurer's
hands;
(3) shall keep a separate account showing at all times the true
condition of the fund; and
(4) shall, upon the expiration of the treasurer's term of office,
account to the local board for all money and securities coming
into the treasurer's hands, including the proceeds of them, and
turn over to the treasurer's successor all money and securities
belonging to the fund remaining in the treasurer's hands.
(d) The secretary shall:
(1) keep a true account of the proceedings of the local board
and of the police department of the municipality when acting
upon matters relating to the 1925 fund;
(2) keep a correct statement of the accounts of each member
with the fund;
(3) collect and turn over to the treasurer of the local board all
money belonging to the fund;
(4) give the local board a monthly account of the secretary's acts
and services as secretary; and
(5) turn over to the secretary's successor all books and papers
pertaining to the office.
(e) The secretary shall, in the manner prescribed by IC 5-4-1,
execute a bond conditioned upon the faithful discharge of the
secretary's duties.
(f) The secretary and treasurer shall make complete and accurate
reports of their trusts to the local board on the first Monday in
February of each year, copies of which shall be filed with the
municipal clerk. The books of the secretary and treasurer must be
open at all times to examination by members of the local board.
(g) Each member of the police department shall turn over to the
secretary of the local board, within thirty (30) days after receiving it,
all money and securities belonging to the 1925 fund that come into
the secretary's hands. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.47, SEC.24; P.L.173-2003, SEC.33.
IC 36-8-6-4 Derivation of funds; salary assessments
Sec. 4. (a) The 1925 fund is derived from the following sources:
(1) From money or other property that is given to the local
board for the use of the fund. The local board may take by gift,
grant, devise, or bequest of any money, chose in action,
personal property, or real property, or an interest in it. The local
board shall take the property in the name of the local board and
may hold, assign, transfer, or sell it.
(2) From money, fees, and awards that are paid or given to the
police department of the municipality or to a member of the
department because of service or duty performed by the
department or a member. This includes fines imposed by the
safety board against a member of the department, as well as the
proceeds from the sale of lost, stolen, and confiscated property
recovered or taken into possession by members of the police
department in the performance of their duties and sold at a
public sale in accordance with law.
(3) From an assessment made during the period of his
employment or for thirty-two (32) years, whichever is shorter,
on the salary of each member whom the local board has
accepted and designated as a beneficiary of the 1925 fund, an
amount equal to six percent (6%) of the salary of a first class
patrolman. However, the employer may pay all or a part of the
assessment for the member.
(b) The secretary of the local board shall prepare a roll of each of
the assessments and place opposite the name of every member of the
police department the amount of the assessment against him. The
treasurer of the local board shall retain out of the salary paid to the
member each month the amount of the assessment, other than any
amount paid on behalf of the member, and credit it to the 1925 fund.
Except to the extent the assessment is paid on behalf of the member,
every person becoming a member of the police department is liable
for the payment of the assessments and is conclusively considered to
agree to pay it and have it deducted from his salary as required in this
section. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.182, SEC.3; P.L.312-1989, SEC.1.
IC 36-8-6-5 Insufficient funds; payment of deficiency by municipality; tax levy
Sec. 5. (a) If the local board determines that the total amount of
money available for a year will be insufficient to pay the benefits,
pensions, and retirement allowances the local board is obligated to
pay under this chapter, the local board shall, before the date on which
the budget of the municipality is adopted, prepare an itemized
estimate in the form prescribed by the state board of accounts of the
amount of money that will be receipted into and disbursed from the
1925 fund during the next fiscal year. The estimated receipts consist
of the items enumerated in section 4(a) of this chapter. The estimated
disbursements consist of an estimate of the amount of money that
will be needed by the local board during the next fiscal year to defray
the expenses and obligations incurred and that will be incurred by the
local board in making the payments prescribed by this chapter to
retired members, to members who are eligible to and expect to retire
during the ensuing fiscal year, and to the dependents of deceased
members.
(b) The local board may provide in its annual budget and pay all
necessary expenses of operating the 1925 fund, including the
payment of all costs of litigation and attorney fees arising in
connection with the fund, as well as the payment of benefits and
pensions, including the payments described in section 5.5 of this
chapter. Notwithstanding any other law, neither the municipal
legislative body, the county board of tax adjustment, nor the
department of local government finance may reduce an item of
expenditure.
(c) At the time when the estimates are prepared and submitted, the
local board shall also prepare and submit a certified statement
showing:
(1) the name, age, and date of retirement of each retired member
and the monthly and yearly amount of the payment to which the
retired member is entitled;
(2) the name and age of each member who is eligible to and
expects to retire during the next fiscal year, the date on which
the member expects to retire, and the monthly and yearly
amount of the payment that the member will be entitled to
receive; and
(3) the name and age of each dependent, the date on which the
dependent became a dependent, the date on which the
dependent will cease to be a dependent by reason of attaining
the age at which dependents cease to be dependents, and the
monthly and yearly amount of the payment to which the
dependent is entitled.
(d) The total receipts shall be deducted from the total
expenditures stated in the itemized estimate and the amount of the
excess of the estimated expenditures over the estimated receipts shall
be paid by the municipality in the same manner as other expenses of
the municipality are paid. A tax levy shall be made annually for this
purpose, as provided in subsection (e). The estimates submitted shall
be prepared and filed in the same manner and form and at the same
time that estimates of other municipal offices and departments are
prepared and filed.
(e) The municipal legislative body shall levy an annual tax in the
amount and at the rate that are necessary to produce the revenue to
pay that part of the police pensions that the municipality is obligated
to pay. All money derived from the levy is for the exclusive use of
the police pensions and benefits, including the payments described
in section 5.5 of this chapter. The amounts in the estimated
disbursements, if found to be correct and in conformity with the data
submitted in the certified statement, are a binding obligation upon
the municipality. The legislative body shall make a levy for them that
will yield an amount equal to the estimated disbursements, less the
amount of the estimated receipts. Notwithstanding any other law,
neither the county board of tax adjustment nor the department of
local government finance may reduce the levy. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.90-2002,
SEC.487; P.L.224-2007, SEC.123; P.L.146-2008, SEC.776;
P.L.182-2009(ss), SEC.427.
IC 36-8-6-5.5 Use of certain amounts in 1925 fund
Sec. 5.5. (a) This section applies to a balance in the 1925 fund
that:
(1) accrued from property taxes;
(2) is not necessary to meet the pension, disability, and survivor
benefit payment obligations of the 1925 fund because of
amendments to IC 5-10.3-11-4.7 in 2008; and
(3) is determined under subsection (c).
(b) A local board may authorize the use of money in the 1925
fund to pay any or all of the following:
(1) The costs of health insurance or other health benefits
provided to members, survivors, and beneficiaries of the 1925
fund.
(2) The municipality's employer contributions under
IC 36-8-8-6.
(3) The contributions paid by the municipality for a member
under IC 36-8-8-8(a).
(c) The maximum amount that may be used under subsection (b)
is equal to the sum of:
(1) the unencumbered balance of the 1925 fund on December
31, 2008; plus
(2) the amount of property taxes:
(A) imposed for an assessment date before January 16, 2008,
for the benefit of the 1925 fund; and
(B) deposited in the 1925 fund after December 31, 2008. As added by P.L.182-2009(ss), SEC.428.
IC 36-8-6-6 Investment of funds
Sec. 6. (a) The local board shall determine how much of the 1925
fund may be safely invested and how much should be retained for the
needs of the fund. The investment shall be made:
(1) in interest bearing bonds of the United States, the state, or
an Indiana municipal corporation. The bonds shall be deposited
with and must remain in the custody of the treasurer of the
board, who shall collect the interest due as it becomes due; or
(2) under IC 5-13-9.
(b) Investments under this section are subject to section 1.5 of this
chapter. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.55-1989,
SEC.49; P.L.35-1999, SEC.8.
IC 36-8-6-7
Repealed
(Repealed by P.L.363-1983, SEC.4.)
IC 36-8-6-8 Disability retirement; benefits; procedure for determination of
disability and reinstatement; period of disability credited
Sec. 8. (a) For a member who became disabled before July 1,
2000, the 1925 fund shall be used to pay a pension in a sum
determined by the local board, but not exceeding:
(1) for a disability or disease occurring before July 1, 1982,
fifty percent (50%); and
(2) for a disability or disease occurring after June 30, 1982,
fifty-five percent (55%);
of the salary of a first class patrolman, to a member of the police
department who has suffered or contracted a mental or physical
disease or disability that renders the patrolman unable to perform the
essential functions of any duty in the police department, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act. If a member who becomes eligible for a
disability pension has more than twenty (20) years of service, the
member is entitled to receive a disability pension equal to the
pension the member would have received if the member had retired
on the date of the disability.
(b) Except as otherwise provided in this subsection, for a member
who becomes disabled after June 30, 2000, the 1925 fund shall be
used to pay a pension in a sum determined by the local board, but not
exceeding fifty-five percent (55%) of the salary of a first class
patrolman, to a member of the police department who has suffered
or contracted a mental or physical disease or disability:
(1) that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is
on duty;
(ii) a personal injury that occurs while the fund member is
off duty and is responding to an offense or a reported
offense, in the case of a police officer; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included
within clause (B);
(B) a duty related disease (for purposes of this section, a
"duty related disease" means a disease arising out of the fund
member's employment. A disease is considered to arise out
of the fund member's employment if it is apparent to the
rational mind, upon consideration of all of the
circumstances, that:
(i) there is a connection between the conditions under
which the fund member's duties are performed and the
disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13 or IC 5-10-15; and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
If a member who becomes eligible for a disability pension has more
than twenty (20) years of service, the member is entitled to receive
a disability pension equal to the pension the member would have
received if the member had retired on the date of the disability.
(c) Except as otherwise provided in this subsection, for a member
who becomes disabled after June 30, 2000, the 1925 fund shall be
used to pay a pension in a sum determined by the local board, but not
exceeding fifty-five percent (55%) of the salary of a first class
patrolman, to a member of the police department who has suffered
or contracted a mental or physical disease or disability:
(1) that is not described in subsection (b)(1); and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
If a member who becomes eligible for a disability pension has more
than twenty (20) years of service, the member is entitled to receive
a disability pension equal to the pension the member would have
received if the member had retired on the date of the disability.
(d) The member must have retired from active service after a
physical examination by the police surgeon or another surgeon
appointed by the local board. The disability must be determined
solely by the local board after the examination and a hearing
conducted under IC 36-8-8-12.7. A member shall be retained on
active duty with full pay until the member is retired by the local
board because of the disability.
(e) After a member has been retired upon pension, the local board
may, at any time, require the retired member to again be examined by
the police surgeon or another surgeon appointed by the local board.
After the examination the local board shall conduct a hearing under
IC 36-8-8-12.7 to determine whether the disability still exists and
whether the retired member should remain on the pension roll. The
retired member shall be retained on the pension roll until reinstated
in the service of the police department, except in case of resignation.
If after the examination and hearing the retired member is found to
have recovered from the member's disability and to be again fit for
active duty, then the member shall be put on active duty with full pay
and from that time is no longer entitled to payments from the 1925
fund. If the member fails or refuses to return to active duty, the
member waives all rights to further benefits from the 1925 fund.
(f) If the salary of a first class patrolman is increased or
decreased, the pension payable shall be proportionately increased or
decreased. However, the monthly pension payable to a member or
survivor may not be reduced below:
(1) the amount of the first full monthly pension received by that
person; or
(2) fifty-five percent (55%) of the salary of a first class
patrolman;
whichever is greater.
(g) Time spent receiving disability benefits is considered active
service for the purpose of determining retirement benefits until the
member has a total of twenty (20) years of service.
(h) A fund member who is receiving disability benefits under
subsection (a) or (c) shall be transferred from disability to regular
retirement status when the member becomes fifty-five (55) years of
age.
(i) A fund member who is receiving disability benefits under
subsection (b) is entitled to:
(1) receive a disability benefit for the remainder of the fund
member's life; and
(2) have the amount of the disability benefit computed under
section 9 of this chapter when the fund member becomes
fifty-five (55) years of age. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.182, SEC.4; Acts 1982, P.L.213, SEC.1; P.L.311-1989, SEC.2;
P.L.171-1990, SEC.1; P.L.4-1992, SEC.34; P.L.118-2000, SEC.4;
P.L.185-2002, SEC.5; P.L.62-2006, SEC.2.
IC 36-8-6-8.1 Determination whether disability in line of duty
Sec. 8.1. (a) If a local board determines that a fund member has
a temporary or a permanent disability, the local board shall also make
a recommendation to the 1977 fund advisory committee concerning
whether the disability is:
(1) a disability in the line of duty (as described in section
8(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a
disability described in section 8(b)(1) of this chapter).
The local board shall forward its recommendation to the 1977 fund
advisory committee.
(b) The 1977 fund advisory committee shall review the local
board's recommendation not later than forty-five (45) days after
receiving the recommendation and shall then issue an initial
determination of whether the disability is in the line of duty or not in
the line of duty. The 1977 fund advisory committee shall notify the
local board, the safety board, and the fund member of its initial
determination.
(c) The fund member, the safety board, or the local board may
object in writing to the 1977 fund advisory committee's initial
determination under subsection (b) not later than fifteen (15) days
after the initial determination is issued. If a written objection is not
filed, the 1977 fund advisory committee's initial determination
becomes final. If a timely written objection is filed, the 1977 fund
advisory committee shall issue a final determination after a hearing.
The final determination must be issued not later than one hundred
eighty (180) days after the date of receipt of the local board's
recommendation. As added by P.L.118-2000, SEC.5.
IC 36-8-6-9 Retirement benefits
Sec. 9. (a) Benefits paid under this section are subject to section
1.5 of this chapter.
(b) The 1925 fund shall be used to provide a member of the police
department who retires from active duty after twenty (20) or more
years of active duty an annual pension equal to fifty percent (50%)
of the salary of a first class patrolman in the police department, plus:
(1) for a member who retires before January 1, 1986, two
percent (2%) of the first class patrolman's salary for each year
of service; or
(2) for a member who retires after December 31, 1985, one
percent (1%) of the first class patrolman's salary for each six (6)
months of service;
of the retired member over twenty (20) years. However, the pension
may not exceed in any year an amount greater than seventy-four
percent (74%) of the salary of a first class patrolman. The pensions
shall be computed on an annual basis but shall be paid in not less
than twelve (12) equal monthly installments. If the salary of a first
class patrolman is increased or decreased, the pension payable shall
be proportionately increased or decreased.
(c) If a member voluntarily retires after twenty (20) or more years
of service, the member is entitled to retirement and the pension,
without reference to his physical condition at the time of application.
However, he then relinquishes all rights to other benefits or pensions
for temporary disability. After retirement the member is not required
to render further services on the police department, is no longer
subject to the rules of the department, and may not be deprived of
other benefits under this chapter that may accrue to him or his
dependents.
(d) To be retired based upon length of service, only the time
served by the member on the regularly constituted police department
may be computed. Time served by a member as a special police
officer, a merchant police officer, or a private police officer may not
be considered in computing length of service. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.342-1985,
SEC.2; P.L.55-1989, SEC.50; P.L.231-1997, SEC.1.
IC 36-8-6-9.5 Reemployment after retirement
Sec. 9.5. (a) Not less than thirty (30) days after a member retires
from a police department covered by this chapter, the member may:
(1) be rehired by the same municipality that employed the
member as a police officer for a position other than that of a
full-time, fully paid police officer; and
(2) continue to receive the member's pension benefit under this
chapter.
(b) This section may be implemented unless the local board
receives from the Internal Revenue Service a determination that
prohibits the implementation. As added by P.L.130-2008, SEC.4.
IC 36-8-6-9.6 Members dying other than in line of duty; monthly benefit
Sec. 9.6. (a) This section applies to an active or retired member
who dies other than in the line of duty (as defined in section 10.1 of
this chapter).
(b) A payment shall be made to the surviving spouse of a
deceased member in an amount fixed by ordinance, but at least an
amount equal to the following:
(1) To the surviving spouse of a member who died before
January 1, 1989, an amount equal to thirty percent (30%) of the
monthly pay of a first class patrolman per month during the
surviving spouse's life if the spouse did not remarry before
September 1, 1983. If the spouse remarried before September
1, 1983, and benefits ceased on the date of remarriage, the
benefits for the surviving spouse shall be reinstated on July 1,
1997, and continue during the life of the surviving spouse.
(2) Except as otherwise provided in this subdivision, to the
surviving spouse of a member who dies after December 31,
1988, an amount per month, during the spouse's life, equal to
the greater of:
(A) thirty percent (30%) of the monthly pay of a first class
patrolman; or
(B) fifty-five percent (55%) of the monthly benefit the
deceased member was receiving or was entitled to receive on
the date of the member's death.
However, if the deceased member was not entitled to a benefit
because the member had not completed twenty (20) years of
service, for purposes of computing the amount under clause (B),
the member's benefit shall be considered to be fifty percent
(50%) of the monthly salary of a first class patrolman. The
amount provided in this subdivision is subject to adjustment as
provided in subsection (e).
(c) Except as otherwise provided in this subsection, a payment
shall also be made to each child of a deceased member less than
eighteen (18) years of age, in an amount fixed by ordinance, but at
least an amount equal to twenty percent (20%) of the monthly pay of
a first class patrolman per month:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit
is equal to fifty percent (50%) of the salary of a first class patrolman
in the police department plus, for a member who retired before
January 1, 1986, two percent (2%) of the first class patrolman's
salary for each year of service of the retired member over twenty (20)
years or, for a member who retires after December 31, 1985, plus one
percent (1%) of the first class patrolman's salary for each six (6)
months of service of the retired member over twenty (20) years.
However, the maximum benefit may not exceed in any year an
amount greater than seventy-four percent (74%) of the salary of a
first class patrolman.
(d) Except as otherwise provided in this subsection, if a deceased
member leaves no surviving spouse and no child who qualifies for
benefits under subsection (c) but does leave a dependent parent or
parents, an amount equal to twenty percent (20%) of the monthly pay
of a first class patrolman per month from the time of the member's
death shall be paid to the dependent parent or parents during their
dependency. When both parents survive, the total amount is still
twenty percent (20%), to be paid to them jointly. In all cases of
payment to a dependent relative of a deceased member, the board is
the final judge of the question of necessity and dependency and of
the amount to be paid. The board may also reduce or terminate
temporarily or permanently a payment to a dependent relative of a
deceased member when it determines that the condition of the fund
or other circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person. As added by P.L.118-2000, SEC.6.
IC 36-8-6-9.7 Members dying in line of duty before September 1, 1982; monthly
benefit for surviving spouse, children, or parents
Sec. 9.7. (a) This section applies to a member who died in the line
of duty (as defined in section 10.1 of this chapter) before September
1, 1982.
(b) A payment shall be made to the surviving spouse of a
deceased member in an amount fixed by ordinance, but at least an
amount equal to thirty percent (30%) of the monthly pay of a first
class patrolman per month during the surviving spouse's life if the
spouse did not remarry before September 1, 1983. If the spouse
remarried before September 1, 1983, and benefits ceased on the date
of remarriage, the benefits for the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the
surviving spouse.
(c) Except as otherwise provided in this subsection, a payment
shall also be made to each child of a deceased member less than
eighteen (18) years of age, in an amount fixed by ordinance, but at
least an amount equal to twenty percent (20%) of the monthly pay of
a first class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit
is equal to fifty percent (50%) of the salary of a first class patrolman
in the police department plus, for a member who retired before
January 1, 1986, two percent (2%) of the first class patrolman's
salary for each year of service of the retired member over twenty (20)
years or, for a member who retires after December 31, 1985, plus one
percent (1%) of the first class patrolman's salary for each six (6)
months of service of the retired member over twenty (20) years.
However, the maximum benefit may not exceed in any year an
amount greater than seventy-four percent (74%) of the salary of a
first class patrolman.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent
(20%) of the monthly pay of a first class patrolman per month from
the time of the member's death shall be paid to the dependent parent
or parents during their dependency. When both parents survive, the
total amount is still twenty percent (20%), to be paid to them jointly.
In all cases of payment to a dependent relative of a deceased
member, the board is the final judge of the question of necessity and
dependency and of the amount to be paid. The board may also reduce
or terminate temporarily or permanently a payment to a dependent
relative of a deceased member when it determines that the condition
of the fund or other circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(f) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for the coverage under
subdivision (1), (2), or (3). As added by P.L.118-2000, SEC.7. Amended by P.L.86-2003, SEC.2.
IC 36-8-6-9.8 Funeral benefits
Sec. 9.8. (a) Benefits paid under this section are subject to section
1.5 of this chapter.
(b) The 1925 fund shall be used to pay funeral benefits to the
heirs or estate of an active or a retired member of the police
department who has died from any cause, in an amount fixed by
ordinance, but at least twelve thousand dollars ($12,000). As added by P.L.200-1984, SEC.1. Amended by P.L.47-1988, SEC.2;
P.L.55-1989, SEC.51; P.L.197-1993, SEC.2; P.L.169-1994, SEC.2;
P.L.231-1997, SEC.2; P.L.40-1997, SEC.4; P.L.49-1998, SEC.2;
P.L.118-2000, SEC.8; P.L.28-2008, SEC.1.
IC 36-8-6-9.9
Repealed
(Repealed by P.L.200-1984, SEC.7.)
IC 36-8-6-10
Repealed
(Repealed by P.L.50-1984, SEC.9.)
IC 36-8-6-10.1 Members dying in line of duty after August 31, 1982; monthly
benefit for surviving spouse, children, or parents
Sec. 10.1. (a) This section applies to a member who dies in the
line of duty after August 31, 1982.
(b) The surviving spouse is entitled to a monthly benefit, during
the spouse's lifetime, equal to the benefit to which the member would
have been entitled on the date of the member's death, but no less than
fifty percent (50%) of the monthly wage received by a first class
patrolman. If the surviving spouse remarried before September 1,
1983, and benefits ceased on the date of remarriage, the benefits for
the surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(c) A payment shall also be made to each child of a deceased
member less than eighteen (18) years of age, in an amount fixed by
ordinance, but at least an amount equal to twenty percent (20%) of
the monthly pay of a first class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer.
(d) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (c) may receive an
additional benefit in an amount fixed by ordinance, but the total
additional benefit under this subsection to all the member's children
may not exceed a total of thirty percent (30%) of the monthly wage
received by a first class patrolman. However, this limitation does not
apply to the children of a member who have a physical or mental
disability.
(e) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent
(20%) of the monthly pay of a first class patrolman per month from
the time of the member's death shall be paid to the dependent parent
or parents during their dependency. When both parents survive, the
total amount is still twenty percent (20%), to be paid to them jointly.
In all cases of payment to a dependent relative of a deceased
member, the board is the final judge of the question of necessity and
dependency and of the amount to be paid. The board may also reduce
or terminate temporarily or permanently a payment to a dependent
relative of a deceased member when it determines that the condition
of the fund or other circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(g) For purposes of this section, "dies in the line of duty" means
death that occurs as a direct result of personal injury or illness caused
by incident, accident, or violence that results from any action that the
member in the member's capacity as a police officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
The term includes a death presumed incurred in the line of duty
under IC 5-10-13.
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for the coverage under
subdivision (1), (2), or (3). As added by Acts 1982, P.L.214, SEC.1. Amended by P.L.364-1983,
SEC.2; P.L.200-1984, SEC.2; P.L.196-1988, SEC.1; P.L.1-1989,
SEC.70; P.L.1-1991, SEC.210; P.L.52-1993, SEC.3; P.L.40-1997,
SEC.5; P.L.118-2000, SEC.9; P.L.62-2002, SEC.1; P.L.185-2002,
SEC.6; P.L.86-2003, SEC.3; P.L.99-2007, SEC.215.
IC 36-8-6-11 Members dismissed after 20 years' service; benefits
Sec. 11. The 1925 fund shall be used to pay an amount, equal to
the pensions provided by this chapter in the case of voluntary
retirement after twenty (20) years' service, to a member of the police
department who is dismissed for any reason after having been in
actual service for twenty (20) years, including two percent (2%)
additional for each full year of service in excess of twenty (20) years'
service. However, a pension under this section may not exceed in any
year an amount greater than seventy-four percent (74%) of the salary
of a first class patrolman. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-12 Reduction of benefits after first payment
Sec. 12. The monthly pension payable to a member or survivor
under this chapter may not be reduced below the amount of the first
full monthly pension received by that person. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-13 Disability retirees; orders, discipline, and duties; examination by
police surgeon; transcripts, reports, records, and other material
Sec. 13. (a) A member of the police department placed on the
retired list, except those that have served on the department for
twenty (20) years or more and have been retired for that reason, shall
report for duty to the chief of police as is provided in the bylaws of
the local board. A member is then subject to the orders and discipline
of the chief and shall perform the duties that are required of him and
for which, in the opinion of the police surgeon, he is fit, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act. He shall be paid full salary for these duties.
(b) If a retired member refuses to obey orders or breaches
discipline, the chief shall report the member at once to the safety
board for action that is considered proper for the good of the service.
A member is subject to punishment and dismissal in the same manner
as officers in active service. The pension to which the retired
member is entitled ceases upon his expulsion, and the pension is
subject to the action considered proper by the safety board.
(c) The police surgeon of the municipality shall examine members
of the police department when:
(1) the local board requests it;
(2) a member requests it for the purpose of certifying his
physical or mental condition to the local board; or
(3) he considers it proper.
The surgeon shall then certify to the local board the true physical or
mental condition of the person.
(d) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material compiled to
determine the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.4-1992,
SEC.35.
IC 36-8-6-14 Priority of claims on insufficient funds; procedure for making
pension payments; exemption of payments from judicial process
Sec. 14. (a) If there is not sufficient money to the credit of the
1925 fund to pay all claims against it in full, claims arising from the
death of members of the department shall be paid in full first with as
little delay as possible, after which an equal percentage shall be paid
upon all other claims to the full extent of the money on hand, until
the fund is replenished.
(b) All pensions shall be paid by the treasurer of the local board
at his office at the same time and in the same installments as the
members of the police department are paid.
(c) All pensions payable out of the 1925 fund are exempt from
seizure or levy upon attachment, execution, supplemental process,
and all other process, whether mesne or final. Except as provided in
section 21 of this chapter, pensions are not subject to sale,
assignment, or transfer by a beneficiary. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.10-1993,
SEC.14.
IC 36-8-6-15 Eligibility of employees for pension plan; age; medical examination
Sec. 15. A pension may not be paid to an employee of the police
department who at the time of his appointment was thirty-six (36)
years of age or older, or who failed at that time to pass the medical
examination required by the board. However, such a person is
exempt from paying or contributing to the 1925 fund. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-16 Eligibility of persons employed when fund established
Sec. 16. (a) Notwithstanding section 15 of this chapter, all
employees of the police department at the time a municipality
established a 1925 fund, regardless of their age at the time they
became members of the department, became members of the 1925
fund and are entitled to all the benefits of it. They shall pay the
assessments prescribed by and are subject to this chapter.
(b) A member of the police department who:
(1) was in active service on March 9, 1935;
(2) was a member of the 1925 fund;
(3) passed the physical examination required by the local board;
(4) had previous service in the police department; and
(5) was thirty-six (36) years of age or older at the time of his
reinstatement or reappointment;
is entitled to all of the benefits of the 1925 fund, with all of the years
of active service with the police department counted in determining
his eligibility for retirement. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-17 Discontinuance or reduction of benefits; failure to comply with
requirements of local board; failure to report
Sec. 17. If a person who has received a benefit from the 1925 fund
fails to report for duty or for examination, or otherwise fails to
comply with legal requirements imposed by the local board, the local
board may, after notice to the person, discontinue or reduce future
payments. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.224-1991,
SEC.1.
IC 36-8-6-18 Pension funds governed by other laws
Sec. 18. If a second or third class city maintains a police pension
fund that pays a smaller amount to the beneficiary under prior
statutes governing the pension fund, this chapter does not increase
those amounts. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-19 Items excluded when computing benefits; liability for overpayment
Sec. 19. (a) Remuneration or allowances for fringe benefits,
incentive pay, holiday pay, insurance, clothing, automobiles,
firearms, education, overtime, or compensatory time off may not be
used in the computation of benefits under this chapter.
(b) If the remuneration or allowances described in subsection (a)
were used to compute benefits for a recipient who began receiving
benefits before May 2, 1977, this computation may continue only for
that recipient and only during the eligibility period for benefits. The
municipality and the official involved are not liable for making the
overpayment, and a recipient is not required to repay the
overpayment. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-20 Special lump sum death benefit in addition to other benefits
Sec. 20. (a) As used in this section, "dies in the line of duty" has
the meaning set forth in section 10.1 of this chapter.
(b) A special death benefit of seventy-five thousand dollars
($75,000) for a fund member who dies in the line of duty before
January 1, 1998, and one hundred fifty thousand dollars ($150,000)
for a fund member who dies in the line of duty after December 31,
1997, shall be paid in a lump sum by the public employees'
retirement fund from the pension relief fund established under
IC 5-10.3-11 to the following relative of a fund member who dies in
the line of duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (to
be shared equally).
(3) If there is no surviving spouse and there are no surviving
children, to the parent or parents in equal shares.
(c) The benefit provided by this section is in addition to any other
benefits provided under this chapter. As added by P.L.223-1986, SEC.1. Amended by P.L.225-1991,
SEC.1; P.L.53-1993, SEC.2; P.L.49-1998, SEC.3.
IC 36-8-6-21 Rollover to eligible retirement plan
Sec. 21. Notwithstanding any other provision of this chapter, to
the extent required by Internal Revenue Code Section 401(a)(31), as
added by the Unemployment Compensation Amendments of 1992
(P.L.102-318), and any amendments and regulations related to
Section 401(a)(31), the 1925 fund shall allow participants and
qualified beneficiaries to elect a direct rollover of eligible
distributions to another eligible retirement plan. As added by P.L.10-1993, SEC.15.
IC 36-8-6-1 Application of chapter
Sec. 1. (a) This chapter applies to pension benefits for members
of police departments hired before May 1, 1977, in second and third
class cities, and in towns that have established a board of
metropolitan police commissioners.
(b) A police officer with twenty (20) years of service is covered
by this chapter and not by IC 36-8-8 if he:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A police officer is covered by this chapter and not by
IC 36-8-8 if he:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 1981);
(3) was rehired after April 30, 1977, but before February 1,
1979; and
(4) was made, before February 1, 1979, a member of a 1925
fund.
(d) A police matron is covered by this chapter and not by
IC 5-10.3 or IC 36-8-8 if she:
(1) was hired before May 1, 1977;
(2) is a member of a police department in a second or third class
city; and
(3) is employed as a police matron on March 31, 1996. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.44, SEC.57; P.L.3-1990, SEC.129; P.L.236-1996, SEC.1.
IC 36-8-6-1.5 Qualification of 1925 fund under Internal Revenue Code; benefit
limitations
Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
(b) The 1925 fund shall satisfy the qualification requirements in
Section 401 of the Internal Revenue Code, as applicable to the 1925
fund. In order to meet those requirements, the 1925 fund is subject
to the following provisions, notwithstanding any other provision of
this chapter:
(1) The local board shall distribute the corpus and income of the
1925 fund to members and their beneficiaries in accordance
with this chapter.
(2) No part of the corpus or income of the 1925 fund may be
used or diverted to any purpose other than the exclusive benefit
of the members and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits
any member would otherwise receive under this chapter.
(4) If the 1925 fund is terminated, or if all contributions to the
1925 fund are completely discontinued, the rights of each
affected member to the benefits accrued at the date of the
termination or discontinuance, to the extent then funded, are
nonforfeitable.
(5) All benefits paid from the 1925 fund shall be distributed in
accordance with the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations under that section.
In order to meet those requirements, the 1925 fund is subject to
the following provisions:
(A) The life expectancy of a member, the member's spouse,
or the member's beneficiary shall not be recalculated after
the initial determination, for purposes of determining
benefits.
(B) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin
no later than December 31 of the calendar year immediately
following the calendar year in which the member died.
(C) The amount of an annuity paid to a member's beneficiary
may not exceed the maximum amount determined under the
incidental death benefit requirement of the Internal Revenue
Code.
(6) The local board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of members or beneficiaries;
in a manner that discriminates in favor of members who are
considered officers, supervisors, or highly compensated, as
prohibited under Section 401(a)(4) of the Internal Revenue
Code.
(7) Benefits paid under this chapter may not exceed the
maximum benefit specified by Section 415 of the Internal
Revenue Code.
(8) The salary taken into account under this chapter may not
exceed the applicable amount under Section 401(a)(17) of the
Internal Revenue Code.
(9) The local board may not engage in a transaction prohibited
by Section 503(b) of the Internal Revenue Code.
(c) Notwithstanding any other provision of this chapter, and solely
for the purposes of the benefits provided under this chapter, the
benefit limitations of Section 415 of the Internal Revenue Code shall
be determined by applying the provisions of Section 415(b)(10) of
the Internal Revenue Code, as amended by the Technical and
Miscellaneous Revenue Act of 1988. This section constitutes an
election under Section 415(b)(10)(C) of the Internal Revenue Code
to have Section 415(b) of the Internal Revenue Code, other than
Section 415(b)(2)(G) of the Internal Revenue Code, applied without
regard to Section 415(b)(2)(F) of the Internal Revenue Code to
anyone who did not first become a participant before January 1,
1990. As added by P.L.55-1989, SEC.48. Amended by P.L.4-1990, SEC.15.
IC 36-8-6-1.7 "Americans with Disabilities Act"
Sec. 1.7. As used in this chapter, "Americans with Disabilities
Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101
et seq.) and any amendments and regulations related to the Act. As added by P.L.4-1992, SEC.32.
IC 36-8-6-1.9 Administration of fund
Sec. 1.9. The 1925 fund shall be administered in a manner that is
consistent with the Americans with Disabilities Act, to the extent
required by the Act. As added by P.L.4-1992, SEC.33.
IC 36-8-6-2 Creation of fund; management by board of trustees; selection and
compensation of trustees
Sec. 2. (a) A police pension fund to be known as the 1925 fund is
established in each municipality described in section 1(a) of this
chapter.
(b) The 1925 fund shall be managed by a board of trustees
(referred to as the "local board" in this chapter) having at least seven
(7) but not more than nine (9) trustees, as follows:
(1) The municipal executive, the municipal fiscal officer, and
the police chief, who are ex officio voting members of the local
board.
(2) One (1) retired member of the police department.
(3) At least three (3) but not more than five (5) active members
of the police department.
However, in cities where there are not sufficient members of the
police department to appoint a local board consisting of at least five
(5) trustees, the local board may be composed of three (3) trustees,
those being the executive, the fiscal officer, and the police chief.
(c) The trustees under subsections (b)(2) and (b)(3) shall be
elected at a meeting of the members of the police department at the
central police station on the second Monday in February of each
year. The trustees are elected for terms of three (3) years, succeeding
those trustees whose terms of office expire on that date. The trustees
hold their offices until their successors are elected and qualified.
(d) If a vacancy occurs on the local board among those trustees
elected by the police department, the police department shall, within
a reasonable time, hold a special meeting upon the call of the
municipal executive and elect a successor for the remainder of the
trustee's term.
(e) A majority of all the trustees constitutes a quorum for the
transaction of business.
(f) The trustees receive no pay for their services and shall be paid
only their necessary expenses. However, the trustees, the secretary,
and each member of the police department selected by the local
board shall be paid their necessary traveling expenses from the 1925
fund when acting upon matters pertaining to the fund.
(g) The local board may make all necessary bylaws for:
(1) meetings of the trustees;
(2) the manner of their election, including the counting and
canvassing of the votes;
(3) the collection of all money and other property due or
belonging to the 1925 fund;
(4) all matters connected with the care, preservation, and
disbursement of the fund; and
(5) all other matters connected with the proper execution of this
chapter. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.44, SEC.58; P.L.236-1996, SEC.2; P.L.173-2003, SEC.32.
IC 36-8-6-3 Board of trustees; officers; duties
Sec. 3. (a) The municipal executive is president of the local board,
the municipal fiscal officer is its treasurer, and the local board shall
select one (1) of its members secretary. The secretary shall be paid
out of the 1925 fund a sum for the secretary's services as fixed by the
local board.
(b) The president shall preside over all meetings of the local
board, call special meetings of the police department of the city, and
preside over the annual and called meetings of the department
concerning the 1925 fund.
(c) The treasurer:
(1) has custody of all money and securities due or belonging to
the 1925 fund and shall collect the principal and interest on
them;
(2) is liable on the treasurer's bond as an officer for the
municipality for the faithful accounting of all money and
securities belonging to the fund that come into the treasurer's
hands;
(3) shall keep a separate account showing at all times the true
condition of the fund; and
(4) shall, upon the expiration of the treasurer's term of office,
account to the local board for all money and securities coming
into the treasurer's hands, including the proceeds of them, and
turn over to the treasurer's successor all money and securities
belonging to the fund remaining in the treasurer's hands.
(d) The secretary shall:
(1) keep a true account of the proceedings of the local board
and of the police department of the municipality when acting
upon matters relating to the 1925 fund;
(2) keep a correct statement of the accounts of each member
with the fund;
(3) collect and turn over to the treasurer of the local board all
money belonging to the fund;
(4) give the local board a monthly account of the secretary's acts
and services as secretary; and
(5) turn over to the secretary's successor all books and papers
pertaining to the office.
(e) The secretary shall, in the manner prescribed by IC 5-4-1,
execute a bond conditioned upon the faithful discharge of the
secretary's duties.
(f) The secretary and treasurer shall make complete and accurate
reports of their trusts to the local board on the first Monday in
February of each year, copies of which shall be filed with the
municipal clerk. The books of the secretary and treasurer must be
open at all times to examination by members of the local board.
(g) Each member of the police department shall turn over to the
secretary of the local board, within thirty (30) days after receiving it,
all money and securities belonging to the 1925 fund that come into
the secretary's hands. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.47, SEC.24; P.L.173-2003, SEC.33.
IC 36-8-6-4 Derivation of funds; salary assessments
Sec. 4. (a) The 1925 fund is derived from the following sources:
(1) From money or other property that is given to the local
board for the use of the fund. The local board may take by gift,
grant, devise, or bequest of any money, chose in action,
personal property, or real property, or an interest in it. The local
board shall take the property in the name of the local board and
may hold, assign, transfer, or sell it.
(2) From money, fees, and awards that are paid or given to the
police department of the municipality or to a member of the
department because of service or duty performed by the
department or a member. This includes fines imposed by the
safety board against a member of the department, as well as the
proceeds from the sale of lost, stolen, and confiscated property
recovered or taken into possession by members of the police
department in the performance of their duties and sold at a
public sale in accordance with law.
(3) From an assessment made during the period of his
employment or for thirty-two (32) years, whichever is shorter,
on the salary of each member whom the local board has
accepted and designated as a beneficiary of the 1925 fund, an
amount equal to six percent (6%) of the salary of a first class
patrolman. However, the employer may pay all or a part of the
assessment for the member.
(b) The secretary of the local board shall prepare a roll of each of
the assessments and place opposite the name of every member of the
police department the amount of the assessment against him. The
treasurer of the local board shall retain out of the salary paid to the
member each month the amount of the assessment, other than any
amount paid on behalf of the member, and credit it to the 1925 fund.
Except to the extent the assessment is paid on behalf of the member,
every person becoming a member of the police department is liable
for the payment of the assessments and is conclusively considered to
agree to pay it and have it deducted from his salary as required in this
section. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.182, SEC.3; P.L.312-1989, SEC.1.
IC 36-8-6-5 Insufficient funds; payment of deficiency by municipality; tax levy
Sec. 5. (a) If the local board determines that the total amount of
money available for a year will be insufficient to pay the benefits,
pensions, and retirement allowances the local board is obligated to
pay under this chapter, the local board shall, before the date on which
the budget of the municipality is adopted, prepare an itemized
estimate in the form prescribed by the state board of accounts of the
amount of money that will be receipted into and disbursed from the
1925 fund during the next fiscal year. The estimated receipts consist
of the items enumerated in section 4(a) of this chapter. The estimated
disbursements consist of an estimate of the amount of money that
will be needed by the local board during the next fiscal year to defray
the expenses and obligations incurred and that will be incurred by the
local board in making the payments prescribed by this chapter to
retired members, to members who are eligible to and expect to retire
during the ensuing fiscal year, and to the dependents of deceased
members.
(b) The local board may provide in its annual budget and pay all
necessary expenses of operating the 1925 fund, including the
payment of all costs of litigation and attorney fees arising in
connection with the fund, as well as the payment of benefits and
pensions, including the payments described in section 5.5 of this
chapter. Notwithstanding any other law, neither the municipal
legislative body, the county board of tax adjustment, nor the
department of local government finance may reduce an item of
expenditure.
(c) At the time when the estimates are prepared and submitted, the
local board shall also prepare and submit a certified statement
showing:
(1) the name, age, and date of retirement of each retired member
and the monthly and yearly amount of the payment to which the
retired member is entitled;
(2) the name and age of each member who is eligible to and
expects to retire during the next fiscal year, the date on which
the member expects to retire, and the monthly and yearly
amount of the payment that the member will be entitled to
receive; and
(3) the name and age of each dependent, the date on which the
dependent became a dependent, the date on which the
dependent will cease to be a dependent by reason of attaining
the age at which dependents cease to be dependents, and the
monthly and yearly amount of the payment to which the
dependent is entitled.
(d) The total receipts shall be deducted from the total
expenditures stated in the itemized estimate and the amount of the
excess of the estimated expenditures over the estimated receipts shall
be paid by the municipality in the same manner as other expenses of
the municipality are paid. A tax levy shall be made annually for this
purpose, as provided in subsection (e). The estimates submitted shall
be prepared and filed in the same manner and form and at the same
time that estimates of other municipal offices and departments are
prepared and filed.
(e) The municipal legislative body shall levy an annual tax in the
amount and at the rate that are necessary to produce the revenue to
pay that part of the police pensions that the municipality is obligated
to pay. All money derived from the levy is for the exclusive use of
the police pensions and benefits, including the payments described
in section 5.5 of this chapter. The amounts in the estimated
disbursements, if found to be correct and in conformity with the data
submitted in the certified statement, are a binding obligation upon
the municipality. The legislative body shall make a levy for them that
will yield an amount equal to the estimated disbursements, less the
amount of the estimated receipts. Notwithstanding any other law,
neither the county board of tax adjustment nor the department of
local government finance may reduce the levy. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.90-2002,
SEC.487; P.L.224-2007, SEC.123; P.L.146-2008, SEC.776;
P.L.182-2009(ss), SEC.427.
IC 36-8-6-5.5 Use of certain amounts in 1925 fund
Sec. 5.5. (a) This section applies to a balance in the 1925 fund
that:
(1) accrued from property taxes;
(2) is not necessary to meet the pension, disability, and survivor
benefit payment obligations of the 1925 fund because of
amendments to IC 5-10.3-11-4.7 in 2008; and
(3) is determined under subsection (c).
(b) A local board may authorize the use of money in the 1925
fund to pay any or all of the following:
(1) The costs of health insurance or other health benefits
provided to members, survivors, and beneficiaries of the 1925
fund.
(2) The municipality's employer contributions under
IC 36-8-8-6.
(3) The contributions paid by the municipality for a member
under IC 36-8-8-8(a).
(c) The maximum amount that may be used under subsection (b)
is equal to the sum of:
(1) the unencumbered balance of the 1925 fund on December
31, 2008; plus
(2) the amount of property taxes:
(A) imposed for an assessment date before January 16, 2008,
for the benefit of the 1925 fund; and
(B) deposited in the 1925 fund after December 31, 2008. As added by P.L.182-2009(ss), SEC.428.
IC 36-8-6-6 Investment of funds
Sec. 6. (a) The local board shall determine how much of the 1925
fund may be safely invested and how much should be retained for the
needs of the fund. The investment shall be made:
(1) in interest bearing bonds of the United States, the state, or
an Indiana municipal corporation. The bonds shall be deposited
with and must remain in the custody of the treasurer of the
board, who shall collect the interest due as it becomes due; or
(2) under IC 5-13-9.
(b) Investments under this section are subject to section 1.5 of this
chapter. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.55-1989,
SEC.49; P.L.35-1999, SEC.8.
IC 36-8-6-7
Repealed
(Repealed by P.L.363-1983, SEC.4.)
IC 36-8-6-8 Disability retirement; benefits; procedure for determination of
disability and reinstatement; period of disability credited
Sec. 8. (a) For a member who became disabled before July 1,
2000, the 1925 fund shall be used to pay a pension in a sum
determined by the local board, but not exceeding:
(1) for a disability or disease occurring before July 1, 1982,
fifty percent (50%); and
(2) for a disability or disease occurring after June 30, 1982,
fifty-five percent (55%);
of the salary of a first class patrolman, to a member of the police
department who has suffered or contracted a mental or physical
disease or disability that renders the patrolman unable to perform the
essential functions of any duty in the police department, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act. If a member who becomes eligible for a
disability pension has more than twenty (20) years of service, the
member is entitled to receive a disability pension equal to the
pension the member would have received if the member had retired
on the date of the disability.
(b) Except as otherwise provided in this subsection, for a member
who becomes disabled after June 30, 2000, the 1925 fund shall be
used to pay a pension in a sum determined by the local board, but not
exceeding fifty-five percent (55%) of the salary of a first class
patrolman, to a member of the police department who has suffered
or contracted a mental or physical disease or disability:
(1) that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is
on duty;
(ii) a personal injury that occurs while the fund member is
off duty and is responding to an offense or a reported
offense, in the case of a police officer; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included
within clause (B);
(B) a duty related disease (for purposes of this section, a
"duty related disease" means a disease arising out of the fund
member's employment. A disease is considered to arise out
of the fund member's employment if it is apparent to the
rational mind, upon consideration of all of the
circumstances, that:
(i) there is a connection between the conditions under
which the fund member's duties are performed and the
disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13 or IC 5-10-15; and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
If a member who becomes eligible for a disability pension has more
than twenty (20) years of service, the member is entitled to receive
a disability pension equal to the pension the member would have
received if the member had retired on the date of the disability.
(c) Except as otherwise provided in this subsection, for a member
who becomes disabled after June 30, 2000, the 1925 fund shall be
used to pay a pension in a sum determined by the local board, but not
exceeding fifty-five percent (55%) of the salary of a first class
patrolman, to a member of the police department who has suffered
or contracted a mental or physical disease or disability:
(1) that is not described in subsection (b)(1); and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
If a member who becomes eligible for a disability pension has more
than twenty (20) years of service, the member is entitled to receive
a disability pension equal to the pension the member would have
received if the member had retired on the date of the disability.
(d) The member must have retired from active service after a
physical examination by the police surgeon or another surgeon
appointed by the local board. The disability must be determined
solely by the local board after the examination and a hearing
conducted under IC 36-8-8-12.7. A member shall be retained on
active duty with full pay until the member is retired by the local
board because of the disability.
(e) After a member has been retired upon pension, the local board
may, at any time, require the retired member to again be examined by
the police surgeon or another surgeon appointed by the local board.
After the examination the local board shall conduct a hearing under
IC 36-8-8-12.7 to determine whether the disability still exists and
whether the retired member should remain on the pension roll. The
retired member shall be retained on the pension roll until reinstated
in the service of the police department, except in case of resignation.
If after the examination and hearing the retired member is found to
have recovered from the member's disability and to be again fit for
active duty, then the member shall be put on active duty with full pay
and from that time is no longer entitled to payments from the 1925
fund. If the member fails or refuses to return to active duty, the
member waives all rights to further benefits from the 1925 fund.
(f) If the salary of a first class patrolman is increased or
decreased, the pension payable shall be proportionately increased or
decreased. However, the monthly pension payable to a member or
survivor may not be reduced below:
(1) the amount of the first full monthly pension received by that
person; or
(2) fifty-five percent (55%) of the salary of a first class
patrolman;
whichever is greater.
(g) Time spent receiving disability benefits is considered active
service for the purpose of determining retirement benefits until the
member has a total of twenty (20) years of service.
(h) A fund member who is receiving disability benefits under
subsection (a) or (c) shall be transferred from disability to regular
retirement status when the member becomes fifty-five (55) years of
age.
(i) A fund member who is receiving disability benefits under
subsection (b) is entitled to:
(1) receive a disability benefit for the remainder of the fund
member's life; and
(2) have the amount of the disability benefit computed under
section 9 of this chapter when the fund member becomes
fifty-five (55) years of age. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.182, SEC.4; Acts 1982, P.L.213, SEC.1; P.L.311-1989, SEC.2;
P.L.171-1990, SEC.1; P.L.4-1992, SEC.34; P.L.118-2000, SEC.4;
P.L.185-2002, SEC.5; P.L.62-2006, SEC.2.
IC 36-8-6-8.1 Determination whether disability in line of duty
Sec. 8.1. (a) If a local board determines that a fund member has
a temporary or a permanent disability, the local board shall also make
a recommendation to the 1977 fund advisory committee concerning
whether the disability is:
(1) a disability in the line of duty (as described in section
8(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a
disability described in section 8(b)(1) of this chapter).
The local board shall forward its recommendation to the 1977 fund
advisory committee.
(b) The 1977 fund advisory committee shall review the local
board's recommendation not later than forty-five (45) days after
receiving the recommendation and shall then issue an initial
determination of whether the disability is in the line of duty or not in
the line of duty. The 1977 fund advisory committee shall notify the
local board, the safety board, and the fund member of its initial
determination.
(c) The fund member, the safety board, or the local board may
object in writing to the 1977 fund advisory committee's initial
determination under subsection (b) not later than fifteen (15) days
after the initial determination is issued. If a written objection is not
filed, the 1977 fund advisory committee's initial determination
becomes final. If a timely written objection is filed, the 1977 fund
advisory committee shall issue a final determination after a hearing.
The final determination must be issued not later than one hundred
eighty (180) days after the date of receipt of the local board's
recommendation. As added by P.L.118-2000, SEC.5.
IC 36-8-6-9 Retirement benefits
Sec. 9. (a) Benefits paid under this section are subject to section
1.5 of this chapter.
(b) The 1925 fund shall be used to provide a member of the police
department who retires from active duty after twenty (20) or more
years of active duty an annual pension equal to fifty percent (50%)
of the salary of a first class patrolman in the police department, plus:
(1) for a member who retires before January 1, 1986, two
percent (2%) of the first class patrolman's salary for each year
of service; or
(2) for a member who retires after December 31, 1985, one
percent (1%) of the first class patrolman's salary for each six (6)
months of service;
of the retired member over twenty (20) years. However, the pension
may not exceed in any year an amount greater than seventy-four
percent (74%) of the salary of a first class patrolman. The pensions
shall be computed on an annual basis but shall be paid in not less
than twelve (12) equal monthly installments. If the salary of a first
class patrolman is increased or decreased, the pension payable shall
be proportionately increased or decreased.
(c) If a member voluntarily retires after twenty (20) or more years
of service, the member is entitled to retirement and the pension,
without reference to his physical condition at the time of application.
However, he then relinquishes all rights to other benefits or pensions
for temporary disability. After retirement the member is not required
to render further services on the police department, is no longer
subject to the rules of the department, and may not be deprived of
other benefits under this chapter that may accrue to him or his
dependents.
(d) To be retired based upon length of service, only the time
served by the member on the regularly constituted police department
may be computed. Time served by a member as a special police
officer, a merchant police officer, or a private police officer may not
be considered in computing length of service. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.342-1985,
SEC.2; P.L.55-1989, SEC.50; P.L.231-1997, SEC.1.
IC 36-8-6-9.5 Reemployment after retirement
Sec. 9.5. (a) Not less than thirty (30) days after a member retires
from a police department covered by this chapter, the member may:
(1) be rehired by the same municipality that employed the
member as a police officer for a position other than that of a
full-time, fully paid police officer; and
(2) continue to receive the member's pension benefit under this
chapter.
(b) This section may be implemented unless the local board
receives from the Internal Revenue Service a determination that
prohibits the implementation. As added by P.L.130-2008, SEC.4.
IC 36-8-6-9.6 Members dying other than in line of duty; monthly benefit
Sec. 9.6. (a) This section applies to an active or retired member
who dies other than in the line of duty (as defined in section 10.1 of
this chapter).
(b) A payment shall be made to the surviving spouse of a
deceased member in an amount fixed by ordinance, but at least an
amount equal to the following:
(1) To the surviving spouse of a member who died before
January 1, 1989, an amount equal to thirty percent (30%) of the
monthly pay of a first class patrolman per month during the
surviving spouse's life if the spouse did not remarry before
September 1, 1983. If the spouse remarried before September
1, 1983, and benefits ceased on the date of remarriage, the
benefits for the surviving spouse shall be reinstated on July 1,
1997, and continue during the life of the surviving spouse.
(2) Except as otherwise provided in this subdivision, to the
surviving spouse of a member who dies after December 31,
1988, an amount per month, during the spouse's life, equal to
the greater of:
(A) thirty percent (30%) of the monthly pay of a first class
patrolman; or
(B) fifty-five percent (55%) of the monthly benefit the
deceased member was receiving or was entitled to receive on
the date of the member's death.
However, if the deceased member was not entitled to a benefit
because the member had not completed twenty (20) years of
service, for purposes of computing the amount under clause (B),
the member's benefit shall be considered to be fifty percent
(50%) of the monthly salary of a first class patrolman. The
amount provided in this subdivision is subject to adjustment as
provided in subsection (e).
(c) Except as otherwise provided in this subsection, a payment
shall also be made to each child of a deceased member less than
eighteen (18) years of age, in an amount fixed by ordinance, but at
least an amount equal to twenty percent (20%) of the monthly pay of
a first class patrolman per month:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit
is equal to fifty percent (50%) of the salary of a first class patrolman
in the police department plus, for a member who retired before
January 1, 1986, two percent (2%) of the first class patrolman's
salary for each year of service of the retired member over twenty (20)
years or, for a member who retires after December 31, 1985, plus one
percent (1%) of the first class patrolman's salary for each six (6)
months of service of the retired member over twenty (20) years.
However, the maximum benefit may not exceed in any year an
amount greater than seventy-four percent (74%) of the salary of a
first class patrolman.
(d) Except as otherwise provided in this subsection, if a deceased
member leaves no surviving spouse and no child who qualifies for
benefits under subsection (c) but does leave a dependent parent or
parents, an amount equal to twenty percent (20%) of the monthly pay
of a first class patrolman per month from the time of the member's
death shall be paid to the dependent parent or parents during their
dependency. When both parents survive, the total amount is still
twenty percent (20%), to be paid to them jointly. In all cases of
payment to a dependent relative of a deceased member, the board is
the final judge of the question of necessity and dependency and of
the amount to be paid. The board may also reduce or terminate
temporarily or permanently a payment to a dependent relative of a
deceased member when it determines that the condition of the fund
or other circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person. As added by P.L.118-2000, SEC.6.
IC 36-8-6-9.7 Members dying in line of duty before September 1, 1982; monthly
benefit for surviving spouse, children, or parents
Sec. 9.7. (a) This section applies to a member who died in the line
of duty (as defined in section 10.1 of this chapter) before September
1, 1982.
(b) A payment shall be made to the surviving spouse of a
deceased member in an amount fixed by ordinance, but at least an
amount equal to thirty percent (30%) of the monthly pay of a first
class patrolman per month during the surviving spouse's life if the
spouse did not remarry before September 1, 1983. If the spouse
remarried before September 1, 1983, and benefits ceased on the date
of remarriage, the benefits for the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the
surviving spouse.
(c) Except as otherwise provided in this subsection, a payment
shall also be made to each child of a deceased member less than
eighteen (18) years of age, in an amount fixed by ordinance, but at
least an amount equal to twenty percent (20%) of the monthly pay of
a first class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit
is equal to fifty percent (50%) of the salary of a first class patrolman
in the police department plus, for a member who retired before
January 1, 1986, two percent (2%) of the first class patrolman's
salary for each year of service of the retired member over twenty (20)
years or, for a member who retires after December 31, 1985, plus one
percent (1%) of the first class patrolman's salary for each six (6)
months of service of the retired member over twenty (20) years.
However, the maximum benefit may not exceed in any year an
amount greater than seventy-four percent (74%) of the salary of a
first class patrolman.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent
(20%) of the monthly pay of a first class patrolman per month from
the time of the member's death shall be paid to the dependent parent
or parents during their dependency. When both parents survive, the
total amount is still twenty percent (20%), to be paid to them jointly.
In all cases of payment to a dependent relative of a deceased
member, the board is the final judge of the question of necessity and
dependency and of the amount to be paid. The board may also reduce
or terminate temporarily or permanently a payment to a dependent
relative of a deceased member when it determines that the condition
of the fund or other circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(f) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for the coverage under
subdivision (1), (2), or (3). As added by P.L.118-2000, SEC.7. Amended by P.L.86-2003, SEC.2.
IC 36-8-6-9.8 Funeral benefits
Sec. 9.8. (a) Benefits paid under this section are subject to section
1.5 of this chapter.
(b) The 1925 fund shall be used to pay funeral benefits to the
heirs or estate of an active or a retired member of the police
department who has died from any cause, in an amount fixed by
ordinance, but at least twelve thousand dollars ($12,000). As added by P.L.200-1984, SEC.1. Amended by P.L.47-1988, SEC.2;
P.L.55-1989, SEC.51; P.L.197-1993, SEC.2; P.L.169-1994, SEC.2;
P.L.231-1997, SEC.2; P.L.40-1997, SEC.4; P.L.49-1998, SEC.2;
P.L.118-2000, SEC.8; P.L.28-2008, SEC.1.
IC 36-8-6-9.9
Repealed
(Repealed by P.L.200-1984, SEC.7.)
IC 36-8-6-10
Repealed
(Repealed by P.L.50-1984, SEC.9.)
IC 36-8-6-10.1 Members dying in line of duty after August 31, 1982; monthly
benefit for surviving spouse, children, or parents
Sec. 10.1. (a) This section applies to a member who dies in the
line of duty after August 31, 1982.
(b) The surviving spouse is entitled to a monthly benefit, during
the spouse's lifetime, equal to the benefit to which the member would
have been entitled on the date of the member's death, but no less than
fifty percent (50%) of the monthly wage received by a first class
patrolman. If the surviving spouse remarried before September 1,
1983, and benefits ceased on the date of remarriage, the benefits for
the surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(c) A payment shall also be made to each child of a deceased
member less than eighteen (18) years of age, in an amount fixed by
ordinance, but at least an amount equal to twenty percent (20%) of
the monthly pay of a first class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer.
(d) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (c) may receive an
additional benefit in an amount fixed by ordinance, but the total
additional benefit under this subsection to all the member's children
may not exceed a total of thirty percent (30%) of the monthly wage
received by a first class patrolman. However, this limitation does not
apply to the children of a member who have a physical or mental
disability.
(e) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent
(20%) of the monthly pay of a first class patrolman per month from
the time of the member's death shall be paid to the dependent parent
or parents during their dependency. When both parents survive, the
total amount is still twenty percent (20%), to be paid to them jointly.
In all cases of payment to a dependent relative of a deceased
member, the board is the final judge of the question of necessity and
dependency and of the amount to be paid. The board may also reduce
or terminate temporarily or permanently a payment to a dependent
relative of a deceased member when it determines that the condition
of the fund or other circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(g) For purposes of this section, "dies in the line of duty" means
death that occurs as a direct result of personal injury or illness caused
by incident, accident, or violence that results from any action that the
member in the member's capacity as a police officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
The term includes a death presumed incurred in the line of duty
under IC 5-10-13.
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for the coverage under
subdivision (1), (2), or (3). As added by Acts 1982, P.L.214, SEC.1. Amended by P.L.364-1983,
SEC.2; P.L.200-1984, SEC.2; P.L.196-1988, SEC.1; P.L.1-1989,
SEC.70; P.L.1-1991, SEC.210; P.L.52-1993, SEC.3; P.L.40-1997,
SEC.5; P.L.118-2000, SEC.9; P.L.62-2002, SEC.1; P.L.185-2002,
SEC.6; P.L.86-2003, SEC.3; P.L.99-2007, SEC.215.
IC 36-8-6-11 Members dismissed after 20 years' service; benefits
Sec. 11. The 1925 fund shall be used to pay an amount, equal to
the pensions provided by this chapter in the case of voluntary
retirement after twenty (20) years' service, to a member of the police
department who is dismissed for any reason after having been in
actual service for twenty (20) years, including two percent (2%)
additional for each full year of service in excess of twenty (20) years'
service. However, a pension under this section may not exceed in any
year an amount greater than seventy-four percent (74%) of the salary
of a first class patrolman. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-12 Reduction of benefits after first payment
Sec. 12. The monthly pension payable to a member or survivor
under this chapter may not be reduced below the amount of the first
full monthly pension received by that person. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-13 Disability retirees; orders, discipline, and duties; examination by
police surgeon; transcripts, reports, records, and other material
Sec. 13. (a) A member of the police department placed on the
retired list, except those that have served on the department for
twenty (20) years or more and have been retired for that reason, shall
report for duty to the chief of police as is provided in the bylaws of
the local board. A member is then subject to the orders and discipline
of the chief and shall perform the duties that are required of him and
for which, in the opinion of the police surgeon, he is fit, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act. He shall be paid full salary for these duties.
(b) If a retired member refuses to obey orders or breaches
discipline, the chief shall report the member at once to the safety
board for action that is considered proper for the good of the service.
A member is subject to punishment and dismissal in the same manner
as officers in active service. The pension to which the retired
member is entitled ceases upon his expulsion, and the pension is
subject to the action considered proper by the safety board.
(c) The police surgeon of the municipality shall examine members
of the police department when:
(1) the local board requests it;
(2) a member requests it for the purpose of certifying his
physical or mental condition to the local board; or
(3) he considers it proper.
The surgeon shall then certify to the local board the true physical or
mental condition of the person.
(d) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material compiled to
determine the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.4-1992,
SEC.35.
IC 36-8-6-14 Priority of claims on insufficient funds; procedure for making
pension payments; exemption of payments from judicial process
Sec. 14. (a) If there is not sufficient money to the credit of the
1925 fund to pay all claims against it in full, claims arising from the
death of members of the department shall be paid in full first with as
little delay as possible, after which an equal percentage shall be paid
upon all other claims to the full extent of the money on hand, until
the fund is replenished.
(b) All pensions shall be paid by the treasurer of the local board
at his office at the same time and in the same installments as the
members of the police department are paid.
(c) All pensions payable out of the 1925 fund are exempt from
seizure or levy upon attachment, execution, supplemental process,
and all other process, whether mesne or final. Except as provided in
section 21 of this chapter, pensions are not subject to sale,
assignment, or transfer by a beneficiary. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.10-1993,
SEC.14.
IC 36-8-6-15 Eligibility of employees for pension plan; age; medical examination
Sec. 15. A pension may not be paid to an employee of the police
department who at the time of his appointment was thirty-six (36)
years of age or older, or who failed at that time to pass the medical
examination required by the board. However, such a person is
exempt from paying or contributing to the 1925 fund. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-16 Eligibility of persons employed when fund established
Sec. 16. (a) Notwithstanding section 15 of this chapter, all
employees of the police department at the time a municipality
established a 1925 fund, regardless of their age at the time they
became members of the department, became members of the 1925
fund and are entitled to all the benefits of it. They shall pay the
assessments prescribed by and are subject to this chapter.
(b) A member of the police department who:
(1) was in active service on March 9, 1935;
(2) was a member of the 1925 fund;
(3) passed the physical examination required by the local board;
(4) had previous service in the police department; and
(5) was thirty-six (36) years of age or older at the time of his
reinstatement or reappointment;
is entitled to all of the benefits of the 1925 fund, with all of the years
of active service with the police department counted in determining
his eligibility for retirement. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-17 Discontinuance or reduction of benefits; failure to comply with
requirements of local board; failure to report
Sec. 17. If a person who has received a benefit from the 1925 fund
fails to report for duty or for examination, or otherwise fails to
comply with legal requirements imposed by the local board, the local
board may, after notice to the person, discontinue or reduce future
payments. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.224-1991,
SEC.1.
IC 36-8-6-18 Pension funds governed by other laws
Sec. 18. If a second or third class city maintains a police pension
fund that pays a smaller amount to the beneficiary under prior
statutes governing the pension fund, this chapter does not increase
those amounts. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-19 Items excluded when computing benefits; liability for overpayment
Sec. 19. (a) Remuneration or allowances for fringe benefits,
incentive pay, holiday pay, insurance, clothing, automobiles,
firearms, education, overtime, or compensatory time off may not be
used in the computation of benefits under this chapter.
(b) If the remuneration or allowances described in subsection (a)
were used to compute benefits for a recipient who began receiving
benefits before May 2, 1977, this computation may continue only for
that recipient and only during the eligibility period for benefits. The
municipality and the official involved are not liable for making the
overpayment, and a recipient is not required to repay the
overpayment. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-20 Special lump sum death benefit in addition to other benefits
Sec. 20. (a) As used in this section, "dies in the line of duty" has
the meaning set forth in section 10.1 of this chapter.
(b) A special death benefit of seventy-five thousand dollars
($75,000) for a fund member who dies in the line of duty before
January 1, 1998, and one hundred fifty thousand dollars ($150,000)
for a fund member who dies in the line of duty after December 31,
1997, shall be paid in a lump sum by the public employees'
retirement fund from the pension relief fund established under
IC 5-10.3-11 to the following relative of a fund member who dies in
the line of duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (to
be shared equally).
(3) If there is no surviving spouse and there are no surviving
children, to the parent or parents in equal shares.
(c) The benefit provided by this section is in addition to any other
benefits provided under this chapter. As added by P.L.223-1986, SEC.1. Amended by P.L.225-1991,
SEC.1; P.L.53-1993, SEC.2; P.L.49-1998, SEC.3.
IC 36-8-6-21 Rollover to eligible retirement plan
Sec. 21. Notwithstanding any other provision of this chapter, to
the extent required by Internal Revenue Code Section 401(a)(31), as
added by the Unemployment Compensation Amendments of 1992
(P.L.102-318), and any amendments and regulations related to
Section 401(a)(31), the 1925 fund shall allow participants and
qualified beneficiaries to elect a direct rollover of eligible
distributions to another eligible retirement plan. As added by P.L.10-1993, SEC.15.
IC 36-8-6-1 Application of chapter
Sec. 1. (a) This chapter applies to pension benefits for members
of police departments hired before May 1, 1977, in second and third
class cities, and in towns that have established a board of
metropolitan police commissioners.
(b) A police officer with twenty (20) years of service is covered
by this chapter and not by IC 36-8-8 if he:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(c) A police officer is covered by this chapter and not by
IC 36-8-8 if he:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 1981);
(3) was rehired after April 30, 1977, but before February 1,
1979; and
(4) was made, before February 1, 1979, a member of a 1925
fund.
(d) A police matron is covered by this chapter and not by
IC 5-10.3 or IC 36-8-8 if she:
(1) was hired before May 1, 1977;
(2) is a member of a police department in a second or third class
city; and
(3) is employed as a police matron on March 31, 1996. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.44, SEC.57; P.L.3-1990, SEC.129; P.L.236-1996, SEC.1.
IC 36-8-6-1.5 Qualification of 1925 fund under Internal Revenue Code; benefit
limitations
Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
(b) The 1925 fund shall satisfy the qualification requirements in
Section 401 of the Internal Revenue Code, as applicable to the 1925
fund. In order to meet those requirements, the 1925 fund is subject
to the following provisions, notwithstanding any other provision of
this chapter:
(1) The local board shall distribute the corpus and income of the
1925 fund to members and their beneficiaries in accordance
with this chapter.
(2) No part of the corpus or income of the 1925 fund may be
used or diverted to any purpose other than the exclusive benefit
of the members and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits
any member would otherwise receive under this chapter.
(4) If the 1925 fund is terminated, or if all contributions to the
1925 fund are completely discontinued, the rights of each
affected member to the benefits accrued at the date of the
termination or discontinuance, to the extent then funded, are
nonforfeitable.
(5) All benefits paid from the 1925 fund shall be distributed in
accordance with the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations under that section.
In order to meet those requirements, the 1925 fund is subject to
the following provisions:
(A) The life expectancy of a member, the member's spouse,
or the member's beneficiary shall not be recalculated after
the initial determination, for purposes of determining
benefits.
(B) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin
no later than December 31 of the calendar year immediately
following the calendar year in which the member died.
(C) The amount of an annuity paid to a member's beneficiary
may not exceed the maximum amount determined under the
incidental death benefit requirement of the Internal Revenue
Code.
(6) The local board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of members or beneficiaries;
in a manner that discriminates in favor of members who are
considered officers, supervisors, or highly compensated, as
prohibited under Section 401(a)(4) of the Internal Revenue
Code.
(7) Benefits paid under this chapter may not exceed the
maximum benefit specified by Section 415 of the Internal
Revenue Code.
(8) The salary taken into account under this chapter may not
exceed the applicable amount under Section 401(a)(17) of the
Internal Revenue Code.
(9) The local board may not engage in a transaction prohibited
by Section 503(b) of the Internal Revenue Code.
(c) Notwithstanding any other provision of this chapter, and solely
for the purposes of the benefits provided under this chapter, the
benefit limitations of Section 415 of the Internal Revenue Code shall
be determined by applying the provisions of Section 415(b)(10) of
the Internal Revenue Code, as amended by the Technical and
Miscellaneous Revenue Act of 1988. This section constitutes an
election under Section 415(b)(10)(C) of the Internal Revenue Code
to have Section 415(b) of the Internal Revenue Code, other than
Section 415(b)(2)(G) of the Internal Revenue Code, applied without
regard to Section 415(b)(2)(F) of the Internal Revenue Code to
anyone who did not first become a participant before January 1,
1990. As added by P.L.55-1989, SEC.48. Amended by P.L.4-1990, SEC.15.
IC 36-8-6-1.7 "Americans with Disabilities Act"
Sec. 1.7. As used in this chapter, "Americans with Disabilities
Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101
et seq.) and any amendments and regulations related to the Act. As added by P.L.4-1992, SEC.32.
IC 36-8-6-1.9 Administration of fund
Sec. 1.9. The 1925 fund shall be administered in a manner that is
consistent with the Americans with Disabilities Act, to the extent
required by the Act. As added by P.L.4-1992, SEC.33.
IC 36-8-6-2 Creation of fund; management by board of trustees; selection and
compensation of trustees
Sec. 2. (a) A police pension fund to be known as the 1925 fund is
established in each municipality described in section 1(a) of this
chapter.
(b) The 1925 fund shall be managed by a board of trustees
(referred to as the "local board" in this chapter) having at least seven
(7) but not more than nine (9) trustees, as follows:
(1) The municipal executive, the municipal fiscal officer, and
the police chief, who are ex officio voting members of the local
board.
(2) One (1) retired member of the police department.
(3) At least three (3) but not more than five (5) active members
of the police department.
However, in cities where there are not sufficient members of the
police department to appoint a local board consisting of at least five
(5) trustees, the local board may be composed of three (3) trustees,
those being the executive, the fiscal officer, and the police chief.
(c) The trustees under subsections (b)(2) and (b)(3) shall be
elected at a meeting of the members of the police department at the
central police station on the second Monday in February of each
year. The trustees are elected for terms of three (3) years, succeeding
those trustees whose terms of office expire on that date. The trustees
hold their offices until their successors are elected and qualified.
(d) If a vacancy occurs on the local board among those trustees
elected by the police department, the police department shall, within
a reasonable time, hold a special meeting upon the call of the
municipal executive and elect a successor for the remainder of the
trustee's term.
(e) A majority of all the trustees constitutes a quorum for the
transaction of business.
(f) The trustees receive no pay for their services and shall be paid
only their necessary expenses. However, the trustees, the secretary,
and each member of the police department selected by the local
board shall be paid their necessary traveling expenses from the 1925
fund when acting upon matters pertaining to the fund.
(g) The local board may make all necessary bylaws for:
(1) meetings of the trustees;
(2) the manner of their election, including the counting and
canvassing of the votes;
(3) the collection of all money and other property due or
belonging to the 1925 fund;
(4) all matters connected with the care, preservation, and
disbursement of the fund; and
(5) all other matters connected with the proper execution of this
chapter. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.44, SEC.58; P.L.236-1996, SEC.2; P.L.173-2003, SEC.32.
IC 36-8-6-3 Board of trustees; officers; duties
Sec. 3. (a) The municipal executive is president of the local board,
the municipal fiscal officer is its treasurer, and the local board shall
select one (1) of its members secretary. The secretary shall be paid
out of the 1925 fund a sum for the secretary's services as fixed by the
local board.
(b) The president shall preside over all meetings of the local
board, call special meetings of the police department of the city, and
preside over the annual and called meetings of the department
concerning the 1925 fund.
(c) The treasurer:
(1) has custody of all money and securities due or belonging to
the 1925 fund and shall collect the principal and interest on
them;
(2) is liable on the treasurer's bond as an officer for the
municipality for the faithful accounting of all money and
securities belonging to the fund that come into the treasurer's
hands;
(3) shall keep a separate account showing at all times the true
condition of the fund; and
(4) shall, upon the expiration of the treasurer's term of office,
account to the local board for all money and securities coming
into the treasurer's hands, including the proceeds of them, and
turn over to the treasurer's successor all money and securities
belonging to the fund remaining in the treasurer's hands.
(d) The secretary shall:
(1) keep a true account of the proceedings of the local board
and of the police department of the municipality when acting
upon matters relating to the 1925 fund;
(2) keep a correct statement of the accounts of each member
with the fund;
(3) collect and turn over to the treasurer of the local board all
money belonging to the fund;
(4) give the local board a monthly account of the secretary's acts
and services as secretary; and
(5) turn over to the secretary's successor all books and papers
pertaining to the office.
(e) The secretary shall, in the manner prescribed by IC 5-4-1,
execute a bond conditioned upon the faithful discharge of the
secretary's duties.
(f) The secretary and treasurer shall make complete and accurate
reports of their trusts to the local board on the first Monday in
February of each year, copies of which shall be filed with the
municipal clerk. The books of the secretary and treasurer must be
open at all times to examination by members of the local board.
(g) Each member of the police department shall turn over to the
secretary of the local board, within thirty (30) days after receiving it,
all money and securities belonging to the 1925 fund that come into
the secretary's hands. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.47, SEC.24; P.L.173-2003, SEC.33.
IC 36-8-6-4 Derivation of funds; salary assessments
Sec. 4. (a) The 1925 fund is derived from the following sources:
(1) From money or other property that is given to the local
board for the use of the fund. The local board may take by gift,
grant, devise, or bequest of any money, chose in action,
personal property, or real property, or an interest in it. The local
board shall take the property in the name of the local board and
may hold, assign, transfer, or sell it.
(2) From money, fees, and awards that are paid or given to the
police department of the municipality or to a member of the
department because of service or duty performed by the
department or a member. This includes fines imposed by the
safety board against a member of the department, as well as the
proceeds from the sale of lost, stolen, and confiscated property
recovered or taken into possession by members of the police
department in the performance of their duties and sold at a
public sale in accordance with law.
(3) From an assessment made during the period of his
employment or for thirty-two (32) years, whichever is shorter,
on the salary of each member whom the local board has
accepted and designated as a beneficiary of the 1925 fund, an
amount equal to six percent (6%) of the salary of a first class
patrolman. However, the employer may pay all or a part of the
assessment for the member.
(b) The secretary of the local board shall prepare a roll of each of
the assessments and place opposite the name of every member of the
police department the amount of the assessment against him. The
treasurer of the local board shall retain out of the salary paid to the
member each month the amount of the assessment, other than any
amount paid on behalf of the member, and credit it to the 1925 fund.
Except to the extent the assessment is paid on behalf of the member,
every person becoming a member of the police department is liable
for the payment of the assessments and is conclusively considered to
agree to pay it and have it deducted from his salary as required in this
section. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.182, SEC.3; P.L.312-1989, SEC.1.
IC 36-8-6-5 Insufficient funds; payment of deficiency by municipality; tax levy
Sec. 5. (a) If the local board determines that the total amount of
money available for a year will be insufficient to pay the benefits,
pensions, and retirement allowances the local board is obligated to
pay under this chapter, the local board shall, before the date on which
the budget of the municipality is adopted, prepare an itemized
estimate in the form prescribed by the state board of accounts of the
amount of money that will be receipted into and disbursed from the
1925 fund during the next fiscal year. The estimated receipts consist
of the items enumerated in section 4(a) of this chapter. The estimated
disbursements consist of an estimate of the amount of money that
will be needed by the local board during the next fiscal year to defray
the expenses and obligations incurred and that will be incurred by the
local board in making the payments prescribed by this chapter to
retired members, to members who are eligible to and expect to retire
during the ensuing fiscal year, and to the dependents of deceased
members.
(b) The local board may provide in its annual budget and pay all
necessary expenses of operating the 1925 fund, including the
payment of all costs of litigation and attorney fees arising in
connection with the fund, as well as the payment of benefits and
pensions, including the payments described in section 5.5 of this
chapter. Notwithstanding any other law, neither the municipal
legislative body, the county board of tax adjustment, nor the
department of local government finance may reduce an item of
expenditure.
(c) At the time when the estimates are prepared and submitted, the
local board shall also prepare and submit a certified statement
showing:
(1) the name, age, and date of retirement of each retired member
and the monthly and yearly amount of the payment to which the
retired member is entitled;
(2) the name and age of each member who is eligible to and
expects to retire during the next fiscal year, the date on which
the member expects to retire, and the monthly and yearly
amount of the payment that the member will be entitled to
receive; and
(3) the name and age of each dependent, the date on which the
dependent became a dependent, the date on which the
dependent will cease to be a dependent by reason of attaining
the age at which dependents cease to be dependents, and the
monthly and yearly amount of the payment to which the
dependent is entitled.
(d) The total receipts shall be deducted from the total
expenditures stated in the itemized estimate and the amount of the
excess of the estimated expenditures over the estimated receipts shall
be paid by the municipality in the same manner as other expenses of
the municipality are paid. A tax levy shall be made annually for this
purpose, as provided in subsection (e). The estimates submitted shall
be prepared and filed in the same manner and form and at the same
time that estimates of other municipal offices and departments are
prepared and filed.
(e) The municipal legislative body shall levy an annual tax in the
amount and at the rate that are necessary to produce the revenue to
pay that part of the police pensions that the municipality is obligated
to pay. All money derived from the levy is for the exclusive use of
the police pensions and benefits, including the payments described
in section 5.5 of this chapter. The amounts in the estimated
disbursements, if found to be correct and in conformity with the data
submitted in the certified statement, are a binding obligation upon
the municipality. The legislative body shall make a levy for them that
will yield an amount equal to the estimated disbursements, less the
amount of the estimated receipts. Notwithstanding any other law,
neither the county board of tax adjustment nor the department of
local government finance may reduce the levy. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.90-2002,
SEC.487; P.L.224-2007, SEC.123; P.L.146-2008, SEC.776;
P.L.182-2009(ss), SEC.427.
IC 36-8-6-5.5 Use of certain amounts in 1925 fund
Sec. 5.5. (a) This section applies to a balance in the 1925 fund
that:
(1) accrued from property taxes;
(2) is not necessary to meet the pension, disability, and survivor
benefit payment obligations of the 1925 fund because of
amendments to IC 5-10.3-11-4.7 in 2008; and
(3) is determined under subsection (c).
(b) A local board may authorize the use of money in the 1925
fund to pay any or all of the following:
(1) The costs of health insurance or other health benefits
provided to members, survivors, and beneficiaries of the 1925
fund.
(2) The municipality's employer contributions under
IC 36-8-8-6.
(3) The contributions paid by the municipality for a member
under IC 36-8-8-8(a).
(c) The maximum amount that may be used under subsection (b)
is equal to the sum of:
(1) the unencumbered balance of the 1925 fund on December
31, 2008; plus
(2) the amount of property taxes:
(A) imposed for an assessment date before January 16, 2008,
for the benefit of the 1925 fund; and
(B) deposited in the 1925 fund after December 31, 2008. As added by P.L.182-2009(ss), SEC.428.
IC 36-8-6-6 Investment of funds
Sec. 6. (a) The local board shall determine how much of the 1925
fund may be safely invested and how much should be retained for the
needs of the fund. The investment shall be made:
(1) in interest bearing bonds of the United States, the state, or
an Indiana municipal corporation. The bonds shall be deposited
with and must remain in the custody of the treasurer of the
board, who shall collect the interest due as it becomes due; or
(2) under IC 5-13-9.
(b) Investments under this section are subject to section 1.5 of this
chapter. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.55-1989,
SEC.49; P.L.35-1999, SEC.8.
IC 36-8-6-7
Repealed
(Repealed by P.L.363-1983, SEC.4.)
IC 36-8-6-8 Disability retirement; benefits; procedure for determination of
disability and reinstatement; period of disability credited
Sec. 8. (a) For a member who became disabled before July 1,
2000, the 1925 fund shall be used to pay a pension in a sum
determined by the local board, but not exceeding:
(1) for a disability or disease occurring before July 1, 1982,
fifty percent (50%); and
(2) for a disability or disease occurring after June 30, 1982,
fifty-five percent (55%);
of the salary of a first class patrolman, to a member of the police
department who has suffered or contracted a mental or physical
disease or disability that renders the patrolman unable to perform the
essential functions of any duty in the police department, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act. If a member who becomes eligible for a
disability pension has more than twenty (20) years of service, the
member is entitled to receive a disability pension equal to the
pension the member would have received if the member had retired
on the date of the disability.
(b) Except as otherwise provided in this subsection, for a member
who becomes disabled after June 30, 2000, the 1925 fund shall be
used to pay a pension in a sum determined by the local board, but not
exceeding fifty-five percent (55%) of the salary of a first class
patrolman, to a member of the police department who has suffered
or contracted a mental or physical disease or disability:
(1) that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is
on duty;
(ii) a personal injury that occurs while the fund member is
off duty and is responding to an offense or a reported
offense, in the case of a police officer; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included
within clause (B);
(B) a duty related disease (for purposes of this section, a
"duty related disease" means a disease arising out of the fund
member's employment. A disease is considered to arise out
of the fund member's employment if it is apparent to the
rational mind, upon consideration of all of the
circumstances, that:
(i) there is a connection between the conditions under
which the fund member's duties are performed and the
disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13 or IC 5-10-15; and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
If a member who becomes eligible for a disability pension has more
than twenty (20) years of service, the member is entitled to receive
a disability pension equal to the pension the member would have
received if the member had retired on the date of the disability.
(c) Except as otherwise provided in this subsection, for a member
who becomes disabled after June 30, 2000, the 1925 fund shall be
used to pay a pension in a sum determined by the local board, but not
exceeding fifty-five percent (55%) of the salary of a first class
patrolman, to a member of the police department who has suffered
or contracted a mental or physical disease or disability:
(1) that is not described in subsection (b)(1); and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
If a member who becomes eligible for a disability pension has more
than twenty (20) years of service, the member is entitled to receive
a disability pension equal to the pension the member would have
received if the member had retired on the date of the disability.
(d) The member must have retired from active service after a
physical examination by the police surgeon or another surgeon
appointed by the local board. The disability must be determined
solely by the local board after the examination and a hearing
conducted under IC 36-8-8-12.7. A member shall be retained on
active duty with full pay until the member is retired by the local
board because of the disability.
(e) After a member has been retired upon pension, the local board
may, at any time, require the retired member to again be examined by
the police surgeon or another surgeon appointed by the local board.
After the examination the local board shall conduct a hearing under
IC 36-8-8-12.7 to determine whether the disability still exists and
whether the retired member should remain on the pension roll. The
retired member shall be retained on the pension roll until reinstated
in the service of the police department, except in case of resignation.
If after the examination and hearing the retired member is found to
have recovered from the member's disability and to be again fit for
active duty, then the member shall be put on active duty with full pay
and from that time is no longer entitled to payments from the 1925
fund. If the member fails or refuses to return to active duty, the
member waives all rights to further benefits from the 1925 fund.
(f) If the salary of a first class patrolman is increased or
decreased, the pension payable shall be proportionately increased or
decreased. However, the monthly pension payable to a member or
survivor may not be reduced below:
(1) the amount of the first full monthly pension received by that
person; or
(2) fifty-five percent (55%) of the salary of a first class
patrolman;
whichever is greater.
(g) Time spent receiving disability benefits is considered active
service for the purpose of determining retirement benefits until the
member has a total of twenty (20) years of service.
(h) A fund member who is receiving disability benefits under
subsection (a) or (c) shall be transferred from disability to regular
retirement status when the member becomes fifty-five (55) years of
age.
(i) A fund member who is receiving disability benefits under
subsection (b) is entitled to:
(1) receive a disability benefit for the remainder of the fund
member's life; and
(2) have the amount of the disability benefit computed under
section 9 of this chapter when the fund member becomes
fifty-five (55) years of age. As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981,
P.L.182, SEC.4; Acts 1982, P.L.213, SEC.1; P.L.311-1989, SEC.2;
P.L.171-1990, SEC.1; P.L.4-1992, SEC.34; P.L.118-2000, SEC.4;
P.L.185-2002, SEC.5; P.L.62-2006, SEC.2.
IC 36-8-6-8.1 Determination whether disability in line of duty
Sec. 8.1. (a) If a local board determines that a fund member has
a temporary or a permanent disability, the local board shall also make
a recommendation to the 1977 fund advisory committee concerning
whether the disability is:
(1) a disability in the line of duty (as described in section
8(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a
disability described in section 8(b)(1) of this chapter).
The local board shall forward its recommendation to the 1977 fund
advisory committee.
(b) The 1977 fund advisory committee shall review the local
board's recommendation not later than forty-five (45) days after
receiving the recommendation and shall then issue an initial
determination of whether the disability is in the line of duty or not in
the line of duty. The 1977 fund advisory committee shall notify the
local board, the safety board, and the fund member of its initial
determination.
(c) The fund member, the safety board, or the local board may
object in writing to the 1977 fund advisory committee's initial
determination under subsection (b) not later than fifteen (15) days
after the initial determination is issued. If a written objection is not
filed, the 1977 fund advisory committee's initial determination
becomes final. If a timely written objection is filed, the 1977 fund
advisory committee shall issue a final determination after a hearing.
The final determination must be issued not later than one hundred
eighty (180) days after the date of receipt of the local board's
recommendation. As added by P.L.118-2000, SEC.5.
IC 36-8-6-9 Retirement benefits
Sec. 9. (a) Benefits paid under this section are subject to section
1.5 of this chapter.
(b) The 1925 fund shall be used to provide a member of the police
department who retires from active duty after twenty (20) or more
years of active duty an annual pension equal to fifty percent (50%)
of the salary of a first class patrolman in the police department, plus:
(1) for a member who retires before January 1, 1986, two
percent (2%) of the first class patrolman's salary for each year
of service; or
(2) for a member who retires after December 31, 1985, one
percent (1%) of the first class patrolman's salary for each six (6)
months of service;
of the retired member over twenty (20) years. However, the pension
may not exceed in any year an amount greater than seventy-four
percent (74%) of the salary of a first class patrolman. The pensions
shall be computed on an annual basis but shall be paid in not less
than twelve (12) equal monthly installments. If the salary of a first
class patrolman is increased or decreased, the pension payable shall
be proportionately increased or decreased.
(c) If a member voluntarily retires after twenty (20) or more years
of service, the member is entitled to retirement and the pension,
without reference to his physical condition at the time of application.
However, he then relinquishes all rights to other benefits or pensions
for temporary disability. After retirement the member is not required
to render further services on the police department, is no longer
subject to the rules of the department, and may not be deprived of
other benefits under this chapter that may accrue to him or his
dependents.
(d) To be retired based upon length of service, only the time
served by the member on the regularly constituted police department
may be computed. Time served by a member as a special police
officer, a merchant police officer, or a private police officer may not
be considered in computing length of service. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.342-1985,
SEC.2; P.L.55-1989, SEC.50; P.L.231-1997, SEC.1.
IC 36-8-6-9.5 Reemployment after retirement
Sec. 9.5. (a) Not less than thirty (30) days after a member retires
from a police department covered by this chapter, the member may:
(1) be rehired by the same municipality that employed the
member as a police officer for a position other than that of a
full-time, fully paid police officer; and
(2) continue to receive the member's pension benefit under this
chapter.
(b) This section may be implemented unless the local board
receives from the Internal Revenue Service a determination that
prohibits the implementation. As added by P.L.130-2008, SEC.4.
IC 36-8-6-9.6 Members dying other than in line of duty; monthly benefit
Sec. 9.6. (a) This section applies to an active or retired member
who dies other than in the line of duty (as defined in section 10.1 of
this chapter).
(b) A payment shall be made to the surviving spouse of a
deceased member in an amount fixed by ordinance, but at least an
amount equal to the following:
(1) To the surviving spouse of a member who died before
January 1, 1989, an amount equal to thirty percent (30%) of the
monthly pay of a first class patrolman per month during the
surviving spouse's life if the spouse did not remarry before
September 1, 1983. If the spouse remarried before September
1, 1983, and benefits ceased on the date of remarriage, the
benefits for the surviving spouse shall be reinstated on July 1,
1997, and continue during the life of the surviving spouse.
(2) Except as otherwise provided in this subdivision, to the
surviving spouse of a member who dies after December 31,
1988, an amount per month, during the spouse's life, equal to
the greater of:
(A) thirty percent (30%) of the monthly pay of a first class
patrolman; or
(B) fifty-five percent (55%) of the monthly benefit the
deceased member was receiving or was entitled to receive on
the date of the member's death.
However, if the deceased member was not entitled to a benefit
because the member had not completed twenty (20) years of
service, for purposes of computing the amount under clause (B),
the member's benefit shall be considered to be fifty percent
(50%) of the monthly salary of a first class patrolman. The
amount provided in this subdivision is subject to adjustment as
provided in subsection (e).
(c) Except as otherwise provided in this subsection, a payment
shall also be made to each child of a deceased member less than
eighteen (18) years of age, in an amount fixed by ordinance, but at
least an amount equal to twenty percent (20%) of the monthly pay of
a first class patrolman per month:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit
is equal to fifty percent (50%) of the salary of a first class patrolman
in the police department plus, for a member who retired before
January 1, 1986, two percent (2%) of the first class patrolman's
salary for each year of service of the retired member over twenty (20)
years or, for a member who retires after December 31, 1985, plus one
percent (1%) of the first class patrolman's salary for each six (6)
months of service of the retired member over twenty (20) years.
However, the maximum benefit may not exceed in any year an
amount greater than seventy-four percent (74%) of the salary of a
first class patrolman.
(d) Except as otherwise provided in this subsection, if a deceased
member leaves no surviving spouse and no child who qualifies for
benefits under subsection (c) but does leave a dependent parent or
parents, an amount equal to twenty percent (20%) of the monthly pay
of a first class patrolman per month from the time of the member's
death shall be paid to the dependent parent or parents during their
dependency. When both parents survive, the total amount is still
twenty percent (20%), to be paid to them jointly. In all cases of
payment to a dependent relative of a deceased member, the board is
the final judge of the question of necessity and dependency and of
the amount to be paid. The board may also reduce or terminate
temporarily or permanently a payment to a dependent relative of a
deceased member when it determines that the condition of the fund
or other circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person. As added by P.L.118-2000, SEC.6.
IC 36-8-6-9.7 Members dying in line of duty before September 1, 1982; monthly
benefit for surviving spouse, children, or parents
Sec. 9.7. (a) This section applies to a member who died in the line
of duty (as defined in section 10.1 of this chapter) before September
1, 1982.
(b) A payment shall be made to the surviving spouse of a
deceased member in an amount fixed by ordinance, but at least an
amount equal to thirty percent (30%) of the monthly pay of a first
class patrolman per month during the surviving spouse's life if the
spouse did not remarry before September 1, 1983. If the spouse
remarried before September 1, 1983, and benefits ceased on the date
of remarriage, the benefits for the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the
surviving spouse.
(c) Except as otherwise provided in this subsection, a payment
shall also be made to each child of a deceased member less than
eighteen (18) years of age, in an amount fixed by ordinance, but at
least an amount equal to twenty percent (20%) of the monthly pay of
a first class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit
is equal to fifty percent (50%) of the salary of a first class patrolman
in the police department plus, for a member who retired before
January 1, 1986, two percent (2%) of the first class patrolman's
salary for each year of service of the retired member over twenty (20)
years or, for a member who retires after December 31, 1985, plus one
percent (1%) of the first class patrolman's salary for each six (6)
months of service of the retired member over twenty (20) years.
However, the maximum benefit may not exceed in any year an
amount greater than seventy-four percent (74%) of the salary of a
first class patrolman.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent
(20%) of the monthly pay of a first class patrolman per month from
the time of the member's death shall be paid to the dependent parent
or parents during their dependency. When both parents survive, the
total amount is still twenty percent (20%), to be paid to them jointly.
In all cases of payment to a dependent relative of a deceased
member, the board is the final judge of the question of necessity and
dependency and of the amount to be paid. The board may also reduce
or terminate temporarily or permanently a payment to a dependent
relative of a deceased member when it determines that the condition
of the fund or other circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(f) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for the coverage under
subdivision (1), (2), or (3). As added by P.L.118-2000, SEC.7. Amended by P.L.86-2003, SEC.2.
IC 36-8-6-9.8 Funeral benefits
Sec. 9.8. (a) Benefits paid under this section are subject to section
1.5 of this chapter.
(b) The 1925 fund shall be used to pay funeral benefits to the
heirs or estate of an active or a retired member of the police
department who has died from any cause, in an amount fixed by
ordinance, but at least twelve thousand dollars ($12,000). As added by P.L.200-1984, SEC.1. Amended by P.L.47-1988, SEC.2;
P.L.55-1989, SEC.51; P.L.197-1993, SEC.2; P.L.169-1994, SEC.2;
P.L.231-1997, SEC.2; P.L.40-1997, SEC.4; P.L.49-1998, SEC.2;
P.L.118-2000, SEC.8; P.L.28-2008, SEC.1.
IC 36-8-6-9.9
Repealed
(Repealed by P.L.200-1984, SEC.7.)
IC 36-8-6-10
Repealed
(Repealed by P.L.50-1984, SEC.9.)
IC 36-8-6-10.1 Members dying in line of duty after August 31, 1982; monthly
benefit for surviving spouse, children, or parents
Sec. 10.1. (a) This section applies to a member who dies in the
line of duty after August 31, 1982.
(b) The surviving spouse is entitled to a monthly benefit, during
the spouse's lifetime, equal to the benefit to which the member would
have been entitled on the date of the member's death, but no less than
fifty percent (50%) of the monthly wage received by a first class
patrolman. If the surviving spouse remarried before September 1,
1983, and benefits ceased on the date of remarriage, the benefits for
the surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(c) A payment shall also be made to each child of a deceased
member less than eighteen (18) years of age, in an amount fixed by
ordinance, but at least an amount equal to twenty percent (20%) of
the monthly pay of a first class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer.
(d) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (c) may receive an
additional benefit in an amount fixed by ordinance, but the total
additional benefit under this subsection to all the member's children
may not exceed a total of thirty percent (30%) of the monthly wage
received by a first class patrolman. However, this limitation does not
apply to the children of a member who have a physical or mental
disability.
(e) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent
(20%) of the monthly pay of a first class patrolman per month from
the time of the member's death shall be paid to the dependent parent
or parents during their dependency. When both parents survive, the
total amount is still twenty percent (20%), to be paid to them jointly.
In all cases of payment to a dependent relative of a deceased
member, the board is the final judge of the question of necessity and
dependency and of the amount to be paid. The board may also reduce
or terminate temporarily or permanently a payment to a dependent
relative of a deceased member when it determines that the condition
of the fund or other circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(g) For purposes of this section, "dies in the line of duty" means
death that occurs as a direct result of personal injury or illness caused
by incident, accident, or violence that results from any action that the
member in the member's capacity as a police officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
The term includes a death presumed incurred in the line of duty
under IC 5-10-13.
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for the coverage under
subdivision (1), (2), or (3). As added by Acts 1982, P.L.214, SEC.1. Amended by P.L.364-1983,
SEC.2; P.L.200-1984, SEC.2; P.L.196-1988, SEC.1; P.L.1-1989,
SEC.70; P.L.1-1991, SEC.210; P.L.52-1993, SEC.3; P.L.40-1997,
SEC.5; P.L.118-2000, SEC.9; P.L.62-2002, SEC.1; P.L.185-2002,
SEC.6; P.L.86-2003, SEC.3; P.L.99-2007, SEC.215.
IC 36-8-6-11 Members dismissed after 20 years' service; benefits
Sec. 11. The 1925 fund shall be used to pay an amount, equal to
the pensions provided by this chapter in the case of voluntary
retirement after twenty (20) years' service, to a member of the police
department who is dismissed for any reason after having been in
actual service for twenty (20) years, including two percent (2%)
additional for each full year of service in excess of twenty (20) years'
service. However, a pension under this section may not exceed in any
year an amount greater than seventy-four percent (74%) of the salary
of a first class patrolman. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-12 Reduction of benefits after first payment
Sec. 12. The monthly pension payable to a member or survivor
under this chapter may not be reduced below the amount of the first
full monthly pension received by that person. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-13 Disability retirees; orders, discipline, and duties; examination by
police surgeon; transcripts, reports, records, and other material
Sec. 13. (a) A member of the police department placed on the
retired list, except those that have served on the department for
twenty (20) years or more and have been retired for that reason, shall
report for duty to the chief of police as is provided in the bylaws of
the local board. A member is then subject to the orders and discipline
of the chief and shall perform the duties that are required of him and
for which, in the opinion of the police surgeon, he is fit, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act. He shall be paid full salary for these duties.
(b) If a retired member refuses to obey orders or breaches
discipline, the chief shall report the member at once to the safety
board for action that is considered proper for the good of the service.
A member is subject to punishment and dismissal in the same manner
as officers in active service. The pension to which the retired
member is entitled ceases upon his expulsion, and the pension is
subject to the action considered proper by the safety board.
(c) The police surgeon of the municipality shall examine members
of the police department when:
(1) the local board requests it;
(2) a member requests it for the purpose of certifying his
physical or mental condition to the local board; or
(3) he considers it proper.
The surgeon shall then certify to the local board the true physical or
mental condition of the person.
(d) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material compiled to
determine the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.4-1992,
SEC.35.
IC 36-8-6-14 Priority of claims on insufficient funds; procedure for making
pension payments; exemption of payments from judicial process
Sec. 14. (a) If there is not sufficient money to the credit of the
1925 fund to pay all claims against it in full, claims arising from the
death of members of the department shall be paid in full first with as
little delay as possible, after which an equal percentage shall be paid
upon all other claims to the full extent of the money on hand, until
the fund is replenished.
(b) All pensions shall be paid by the treasurer of the local board
at his office at the same time and in the same installments as the
members of the police department are paid.
(c) All pensions payable out of the 1925 fund are exempt from
seizure or levy upon attachment, execution, supplemental process,
and all other process, whether mesne or final. Except as provided in
section 21 of this chapter, pensions are not subject to sale,
assignment, or transfer by a beneficiary. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.10-1993,
SEC.14.
IC 36-8-6-15 Eligibility of employees for pension plan; age; medical examination
Sec. 15. A pension may not be paid to an employee of the police
department who at the time of his appointment was thirty-six (36)
years of age or older, or who failed at that time to pass the medical
examination required by the board. However, such a person is
exempt from paying or contributing to the 1925 fund. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-16 Eligibility of persons employed when fund established
Sec. 16. (a) Notwithstanding section 15 of this chapter, all
employees of the police department at the time a municipality
established a 1925 fund, regardless of their age at the time they
became members of the department, became members of the 1925
fund and are entitled to all the benefits of it. They shall pay the
assessments prescribed by and are subject to this chapter.
(b) A member of the police department who:
(1) was in active service on March 9, 1935;
(2) was a member of the 1925 fund;
(3) passed the physical examination required by the local board;
(4) had previous service in the police department; and
(5) was thirty-six (36) years of age or older at the time of his
reinstatement or reappointment;
is entitled to all of the benefits of the 1925 fund, with all of the years
of active service with the police department counted in determining
his eligibility for retirement. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-17 Discontinuance or reduction of benefits; failure to comply with
requirements of local board; failure to report
Sec. 17. If a person who has received a benefit from the 1925 fund
fails to report for duty or for examination, or otherwise fails to
comply with legal requirements imposed by the local board, the local
board may, after notice to the person, discontinue or reduce future
payments. As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.224-1991,
SEC.1.
IC 36-8-6-18 Pension funds governed by other laws
Sec. 18. If a second or third class city maintains a police pension
fund that pays a smaller amount to the beneficiary under prior
statutes governing the pension fund, this chapter does not increase
those amounts. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-19 Items excluded when computing benefits; liability for overpayment
Sec. 19. (a) Remuneration or allowances for fringe benefits,
incentive pay, holiday pay, insurance, clothing, automobiles,
firearms, education, overtime, or compensatory time off may not be
used in the computation of benefits under this chapter.
(b) If the remuneration or allowances described in subsection (a)
were used to compute benefits for a recipient who began receiving
benefits before May 2, 1977, this computation may continue only for
that recipient and only during the eligibility period for benefits. The
municipality and the official involved are not liable for making the
overpayment, and a recipient is not required to repay the
overpayment. As added by Acts 1981, P.L.309, SEC.55.
IC 36-8-6-20 Special lump sum death benefit in addition to other benefits
Sec. 20. (a) As used in this section, "dies in the line of duty" has
the meaning set forth in section 10.1 of this chapter.
(b) A special death benefit of seventy-five thousand dollars
($75,000) for a fund member who dies in the line of duty before
January 1, 1998, and one hundred fifty thousand dollars ($150,000)
for a fund member who dies in the line of duty after December 31,
1997, shall be paid in a lump sum by the public employees'
retirement fund from the pension relief fund established under
IC 5-10.3-11 to the following relative of a fund member who dies in
the line of duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (to
be shared equally).
(3) If there is no surviving spouse and there are no surviving
children, to the parent or parents in equal shares.
(c) The benefit provided by this section is in addition to any other
benefits provided under this chapter. As added by P.L.223-1986, SEC.1. Amended by P.L.225-1991,
SEC.1; P.L.53-1993, SEC.2; P.L.49-1998, SEC.3.
IC 36-8-6-21 Rollover to eligible retirement plan
Sec. 21. Notwithstanding any other provision of this chapter, to
the extent required by Internal Revenue Code Section 401(a)(31), as
added by the Unemployment Compensation Amendments of 1992
(P.L.102-318), and any amendments and regulations related to
Section 401(a)(31), the 1925 fund shall allow participants and
qualified beneficiaries to elect a direct rollover of eligible
distributions to another eligible retirement plan. As added by P.L.10-1993, SEC.15.
