§ 36-8-8-3 — Participation by units; longevity increases; participation by airport authorities; participation by a school corporation or charter school

Indiana § 36-8-8-3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 8: 1977 Police Officers' and Firefighters' Pension and

Text

(a) If a town establishes a board of metropolitan
police commissioners, or if a town becomes a city, the municipality
shall participate in the 1977 fund and shall enroll all full-time police
officers and firefighters in the 1977 fund. However, if a police officer
or former marshal is a member of the public employees' retirement
fund, the police officer or former marshal may continue as a member
of that fund instead of the 1977 fund. Notwithstanding the age
requirements under section 7(a) of this chapter, a police officer or
former marshal employed by a municipality at the time the
municipality enters the 1977 fund under this section shall be a member
of the 1977 fund unless the police officer or former marshal elects to
continue as a member of the public employees' retirement fund. A
person may become a member of the 1977 fund under this subsection
without meeting the age limitation under section 7(a) of this chapter
only if the person satisfies:
(1) any aptitude, physical agility, or physical and mental standards
established by a local board under IC 36-8-3.2; and
(2) the minimum standards that are:
(A) adopted by the system board under section 19 of this
chapter; and
(B) in effect on the date the person becomes a member of the
1977 fund.
Credit for prior service of a person who becomes a member of the 1977
fund under this subsection shall be determined under section 18 or 18.1
of this chapter. No service credit beyond that allowed under section 18
or 18.1 of this chapter may be recognized under the 1977 fund.
(b) If a unit did not establish a 1937 fund for its firefighters, the unit
may participate in the public employees' retirement fund or it may
participate in the 1977 fund. If a unit established a 1937 fund for its
firefighters, the unit is and shall remain a participant in the 1977 fund.
(c) A unit that:
(1) has not established a pension fund for its firefighters; or
(2) is participating in the public employees' retirement fund under
subsection (b);
may participate in the 1977 fund upon approval by the fiscal body,
notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
under this subsection must comply with section 21 of this chapter.
However, if a police officer or firefighter is a member of the public
employees' retirement fund, the police officer or firefighter may
continue as a member of that fund instead of the 1977 fund.
(d) If a unit that participates in the 1977 fund provides longevity
increases, the amount of the longevity increase provided in a year must
be greater than or equal to the amount of the longevity increase
provided in the previous year.
(e) An airport authority may participate in the 1977 fund. An airport
authority that participates in the 1977 fund under this subsection must
comply with section 21 of this chapter. However, if a police officer or
firefighter is a member of the public employees' retirement fund, the
police officer or firefighter may continue as a member of that fund
instead of the 1977 fund.
(f) A school corporation or charter school that:
(1) employs a school resource officer; or
(2) enters into a contract or memorandum of understanding with
a:
(A) local law enforcement agency;
(B) private entity; or
(C) nonprofit corporation;
to employ a school resource officer;
may participate in the 1977 fund. A school corporation or charter
school that participates in the 1977 fund under this subsection or
subsection (g) must comply with section 21.5 of this chapter. However,
if a school resource officer is a member of the public employees'
retirement fund, the school resource officer may continue as a member
of that fund instead of the 1977 fund.
(g) A school resource officer hired or rehired after June 30, 2024,
who is a member of the 1977 fund shall remain in the 1977 fund.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-1-17.8-16 part; subsection (b) formerly
19-1-36.5-16 part.]
As added by Acts 1981, P.L.309, SEC.59. Amended by
P.L.313-1989, SEC.1; P.L.213-1995, SEC.6; P.L.236-1996, SEC.6;
P.L.101-1998, SEC.1; P.L.195-1999, SEC.32; P.L.35-2012, SEC.115;
P.L.130-2015, SEC.2; P.L.103-2021, SEC.4; P.L.85-2022, SEC.4;
P.L.102-2023, SEC.8; P.L.135-2024, SEC.10.