Indiana § 36-8-7-12.1 Members retiring with 20 years service

Indiana Statutes

§ 36-8-7-12.1 — Members retiring with 20 years service

Indiana § 36-8-7-12.1

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 71937 Firefighters' Pension Fund

This text of Indiana § 36-8-7-12.1 (Members retiring with 20 years service) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-8-7-12.1 (2026).

Text

1.

(a)Benefits paid under this section are subject to section 2.5 of this chapter.

(b)A member who has been in service twenty (20) years, upon making a written application to the fire chief, may be retired from all service with the department without a medical examination or disability. Except as provided in subsection (f), the local board shall authorize the payment to the retired member of fifty percent (50%) of the salary of a fully paid first class firefighter of the unit at the time of the payment of the pension, plus:

(1)for a member who retires before January 1, 1986, two percent (2%) of that salary for each year of service; or

(2)for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of service; over twenty (20) years. However,

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1. (a) Benefits paid under this section are
subject to section 2.5 of this chapter.
(b) A member who has been in service twenty (20) years, upon
making a written application to the fire chief, may be retired from all
service with the department without a medical examination or
disability. Except as provided in subsection (f), the local board shall
authorize the payment to the retired member of fifty percent (50%) of
the salary of a fully paid first class firefighter of the unit at the time of
the payment of the pension, plus:
(1) for a member who retires before January 1, 1986, two percent
(2%) of that salary for each year of service; or
(2) for a member who retires after December 31, 1985, one
percent (1%) of that salary for each six (6) months of service;
over twenty (20) years. However, the pension in one (1) year may not
exceed an amount greater than seventy-four percent (74%) of the salary
of a fully paid first class firefighter.
(c) A member who is discharged from the fire department after
having served at least twenty (20) years is entitled to receive the
amount equal to the amount that the member would have received if
the member retired voluntarily.
(d) All pensions in a class are on an equal basis. The local board
may not depart from this chapter in authorizing the payment of
pensions.
(e) The monthly pension payable to a member may not be reduced
below the amount of the first full monthly pension received by that
person.
(f) The monthly pension payable to a member who is transferred
from disability to regular retirement status may not be reduced below
fifty-five percent (55%) of the salary of a fully paid first class
firefighter in the unit at the time of the payment of the pension.
(g) A benefit payable under this section shall be paid in not less than
twelve (12) monthly installments.
(h) A fund member who is receiving disability benefits under
section 11(d) or 11(f) of this chapter 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 section
11(e) of this chapter 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 11(e) of this chapter when the fund member becomes
fifty-five (55) years of age.

Legislative History

As added by P.L.196-1988, SEC.2. Amended by P.L.1-1989, SEC.71; P.L.55-1989, SEC.55; P.L.171-1990, SEC.2; P.L.197-1993, SEC.4; P.L.52-1993, SEC.4; P.L.1-1994, SEC.179; P.L.231-1997, SEC.3; P.L.40-1997, SEC.7; P.L.118-2000, SEC.11; P.L.62-2006, SEC.4.