§ 36-8-7.5-1 — Application of chapter; officers eligible for benefits

Indiana § 36-8-7.5-1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 7.5: 1953 Police Pension Fund (Indianapolis)

Text

(a) This chapter applies to pension benefits for
members of police departments hired before May 1, 1977, by a
consolidated city.
(b) A police officer with twenty (20) years of service is covered by
this chapter and not by IC 36-8-8 if:
(1) the officer was hired before May 1, 1977;
(2) the officer did not convert under IC 19-1-17.8-7 (repealed
September 1, 1981);
(3) the officer was not a member of the 1953 fund because:
(A) the officer's employment was on a temporary or emergency
status under a statute in effect before February 25, 1953;
(B) the officer failed to pass a five (5) year physical
requirement under such a statute; or
(C) the officer was a war veteran without pension status;
(4) the officer submitted to a physical medical examination, if
required by the local board, and the results were satisfactory; and
(5) the officer was accepted by the local board as a member of the
1953 fund upon payment of all dues required for the officer's
entire time as a member of the police department.
(c) A police officer is covered by this chapter and not by IC 36-8-8
if the officer:
(1) was hired before May 1, 1977; and
(2) did not convert under IC 19-1-17.8-7 (repealed September 1,
1981).
(d) A police officer is covered by this chapter and not by IC 36-8-8
if the officer:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September 1,
1981);
(3) is a regularly appointed member of the police department;
(4) is a member of the 1953 fund;
(5) was employed on a temporary or emergency status before
regular employment; and
(6) paid into the 1953 fund by not later than January 1, 1968, all
dues for the period the officer was on temporary or emergency
status.
(e) A police officer who:
(1) is covered by this chapter before consolidation under IC 36-3-1-5.1; and
(2) becomes a member of the consolidated law enforcement
department through consolidation under IC 36-3-1-5.1;
is covered by this chapter after the effective date of the consolidation,
and the officer's service as a member of the consolidated law
enforcement department is considered active service under this chapter.
(f) In computing the length of active service rendered by any police
officer for the purpose of determining the expiration of a period of
twenty (20) years of active service, all of the following periods are
counted:
(1) All of the time the officer performed the duties of the officer's
position in active service.
(2) Vacation time or periods of leave of absence with whole or
part pay.
(3) Periods of leave of absence without pay that were necessary
on account of physical or mental disability.
(4) Periods of disability for which the officer will receive or has
received any disability benefit.
(g) In computing the term of service there is not included any of the
following:
(1) Periods during which the police officer was or is suspended or
on leave of absence without pay.
(2) Periods during which the officer was not in active service on
account of the officer's resignation from the department.
(3) Time served as a special police officer, a merchant police
officer, or private police officer.
As added by Acts 1982, P.L.77, SEC.9. Amended by
P.L.104-1983, SEC.6; P.L.3-1990, SEC.131; P.L.227-2005,
SEC.45.