Indiana § 36-8-8-18.1 Members electing to transfer or being transferred to 1977 fund from
PERF

Indiana Statutes

§ 36-8-8-18.1 — Members electing to transfer or being transferred to 1977 fund from PERF

Indiana § 36-8-8-18.1

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 81977 Police Officers' and Firefighters' Pension and

This text of Indiana § 36-8-8-18.1 (Members electing to transfer or being transferred to 1977 fund from PERF) 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 § 36-8-8-18.1 (2026).

Text

1.

(a)As used in this section, "police officer" includes a former full-time, fully paid:

(1)town marshal;

(2)deputy town marshal;

(3)conservancy district marshal; or

(4)deputy conservancy district marshal; who is employed as a police officer by a metropolitan board of police commissioners.

(b)If a unit, an airport authority, a school corporation, or a charter school becomes a participant in the 1977 fund and the unit, the airport authority, the school corporation, or the charter school previously covered police officers, firefighters, emergency medical technicians, or school resource officers in PERF, or if the employees of the unit become members of the 1977 fund under section 7(g) of this chapter, the following provisions apply:

(1)A minimum benefit applies to members electing to

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1. (a) As used in this section, "police officer"
includes a former full-time, fully paid:
(1) town marshal;
(2) deputy town marshal;
(3) conservancy district marshal; or
(4) deputy conservancy district marshal;
who is employed as a police officer by a metropolitan board of police
commissioners.
(b) If a unit, an airport authority, a school corporation, or a charter
school becomes a participant in the 1977 fund and the unit, the airport
authority, the school corporation, or the charter school previously
covered police officers, firefighters, emergency medical technicians, or
school resource officers in PERF, or if the employees of the unit
become members of the 1977 fund under section 7(g) of this chapter,
the following provisions apply:
(1) A minimum benefit applies to members electing to transfer or
being transferred to the 1977 fund from PERF. The minimum
benefit, payable at age fifty-two (52), for such a member equals
the actuarial equivalent of the vested retirement benefit payable
to the member upon normal retirement under IC 5-10.2-4-1 as of
the day before the transfer, based solely on:
(A) creditable service;
(B) the average of the annual compensation; and
(C) the amount credited to the annuity savings account;
of the transferring member as of the day before the transfer under
IC 5-10.2 and IC 5-10.3.
(2) The system board shall transfer from PERF to the 1977 fund
the amount credited to the annuity savings accounts that is
necessary for the purchase of service credit and the present value
of benefits attributable to the transferring members.
(3) The amount the unit, the airport authority, the school
corporation, or the charter school and the member must contribute
to the 1977 fund under section 18 of this chapter, if any service
credit is to be given under that section, will be reduced by the
amounts transferred to the 1977 fund by the system board under
subdivision (2).
(4) Credit for prior service in PERF of a member as a police
officer, a firefighter, an emergency medical technician, or a
school resource officer is waived in PERF. Any credit for that
service under the 1977 fund shall only be given in accordance
with section 18 of this chapter.
(5) Credit for prior service in PERF of a member, other than as a
police officer, a firefighter, an emergency medical technician, or
a school resource officer remains in PERF and may not be
credited under the 1977 fund.

Legislative History

As added by P.L.4-1990, SEC.20. Amended by P.L.1-1991, SEC.215; P.L.101-1998, SEC.3; P.L.13-2011, SEC.21; P.L.35-2012, SEC.137; P.L.27-2019, SEC.31; P.L.102-2023, SEC.11; P.L.122-2023, SEC.31; P.L.170-2023, SEC.13; P.L.135-2024, SEC.12.