§ 36-8-8-7 — Membership in fund; reemployment with participating employer

Indiana § 36-8-8-7

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

Text

(a) Subject to IC 36-8-4.7 and except as
provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m), a police
officer or a firefighter who:
(1) is less than forty (40) years of age; and
(2) passes the baseline statewide physical and mental
examinations required under section 19 of this chapter;
shall be a member of the 1977 fund and is not a member of the 1925
fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977,
who is hired or rehired after April 30, 1977, may receive credit under
this chapter for service as a police officer or firefighter prior to entry
into the 1977 fund if the employer who rehires the police officer or
firefighter chooses to contribute to the 1977 fund the amount necessary
to amortize the police officer's or firefighter's prior service liability over
a period of not more than thirty (30) years, the amount and the period
to be determined by the system board. If the employer chooses to make
the contributions, the police officer or firefighter is entitled to receive
credit for the police officer's or firefighter's prior years of service
without making contributions to the 1977 fund for that prior service. In
no event may a police officer or firefighter receive credit for prior years
of service if the police officer or firefighter is receiving a benefit or is
entitled to receive a benefit in the future from any other public pension
plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer
or firefighter is entitled to credit for all years of service after April 30,
1977, with the police or fire department of an employer covered by this
chapter.
(d) A police officer or firefighter with twenty (20) years of service
does not become a member of the 1977 fund and is not covered by this
chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were 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,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit
for all the police officer's or firefighter's years of service, including
years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred ten thousand (110,000) and
less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1 or IC 36-3-1-6.1;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated fire
department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer
or firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the law
enforcement department or fire department of a consolidated city;
and
(3) after the consolidation, the police officer or firefighter
becomes an employee of the consolidated law enforcement
department or the consolidated fire department under IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) A police officer or firefighter who is a member of the 1977 fund
under subsection (k) or (l) may not be:
(1) retired for purposes of section 10 of this chapter; or
(2) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation.
(n) Notwithstanding any other provision of this chapter and subject
to subsection (o), a police officer or firefighter who:
(1) is an active member of the 1977 fund with an employer that
participates in the 1977 fund;
(2) separates from that employer; and
(3) not later than one hundred eighty (180) days after the date of
the separation described in subdivision (2), becomes employed as
a full-time police officer or firefighter with the same or a second
employer that participates in the 1977 fund;
is a member of the 1977 fund without meeting for a second time the
age limitation under subsection (a) and the requirements under sections
19 and 21 of this chapter. A police officer or firefighter to whom this
subsection applies is entitled to receive credit for all years of 1977 fund
covered service as a police officer or firefighter with all employers that
participate in the 1977 fund.
(o) The one hundred eighty (180) day limitation described in
subsection (n)(3) does not apply to a member of the 1977 fund who is
eligible for reinstatement under IC 36-8-4-11.
(p) Notwithstanding any other provision of this chapter, a veteran
who is:
(1) described in IC 36-8-4.7; and
(2) employed as a firefighter or police officer;
is a member of the 1977 fund.
(q) Notwithstanding any other provision of this chapter and except
as provided in subsection (o), a police officer or firefighter who:
(1) is an active member of the 1977 fund with an employer that
participates in the 1977 fund;
(2) separates from that employer; and
(3) more than one hundred eighty (180) days after the date of the
separation described in subdivision (2), becomes employed as a
full-time police officer or firefighter with the same or a second
employer that participates in the 1977 fund;
is a member of the 1977 fund without meeting the age limitation under
subsection (a) provided the member can accrue twenty (20) years of
service credit in the 1977 fund by the time the firefighter becomes sixty
(60) years of age. A police officer or firefighter who participates in the
1977 fund under this subsection must pass the baseline statewide
physical and mental examination under section 19 of this chapter. A
police officer or firefighter to whom this subsection applies is entitled
to receive credit for all years of 1977 fund covered service as a police
officer or firefighter with all employers that participate in the 1977
fund.
[Pre-Local Government Recodification Citations:
19-1-17.8-5 part; 19-1-36.5-5 part.]
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts
1981, P.L.182, SEC.9; Acts 1982, P.L.33, SEC.40; P.L.365-1983,
SEC.1; P.L.202-1984, SEC.1; P.L.38-1986, SEC.6; P.L.55-1987,
SEC.5; P.L.3-1990, SEC.133; P.L.4-1990, SEC.18; P.L.4-1992,
SEC.44; P.L.2-1993, SEC.204; P.L.213-1995, SEC.7; P.L.236-1996,
SEC.7; P.L.43-1997, SEC.7; P.L.22-1998, SEC.17; P.L.246-2001,
SEC.17; P.L.227-2005, SEC.48; P.L.1-2006, SEC.575; P.L.35-2012,
SEC.119; P.L.119-2012, SEC.219; P.L.117-2013, SEC.1;
P.L.111-2015, SEC.6; P.L.115-2016, SEC.5; P.L.27-2019, SEC.29;
P.L.96-2020, SEC.8; P.L.85-2022, SEC.6; P.L.11-2023, SEC.126;
P.L.102-2023, SEC.9.