§ 36-8-8-9 — Conversion from prior fund

(a) This section applies to all police officers and
firefighters who converted their benefits under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981).
(b) A police officer or firefighter who converted the police officer's
or firefighter's benefits from a 1925, 1937, or 1953 fund to the benefits
and conditions of this chapter is not entitled to receive any benefits
from the original fund. However, the police officer or firefighter is
entitled to credit for all years of service for which the police officer or
firefighter would have received credit before the police officer's or
firefighter's conversion in that original fund.
(c) A police officer or firefighter who:
(1) converted the police officer's or firefighter's benefits from a
1925, 1937, or 1953 fund;
(2) retired or became disabled on or before June 30, 1998; and
(3) is entitled to receive benefits provided under this chapter
based on the eligibility requirements of this chapter;
shall be treated as a member of this fund for purposes of paying the
police officer's or firefighter's benefits from the 1977 fund effective for
benefits paid on or after October 1, 1998. Prior to October 1, 1998, the
police officer or firefighter remains a member of the original fund
entitled to receive only the benefits provided under this chapter based
on the eligibility requirements of this chapter.
(d) A police officer or firefighter who:
(1) converted the police officer's or firefighter's benefits from a
1925, 1937 or 1953 fund;
(2) who did not retire or become disabled on or before June 30,
1998; and
(3) who is entitled to receive benefits provided under this chapter
based on the eligibility requirements of this chapter;
remains a member of that original fund but is entitled to receive only
the benefits provided under this chapter and based on the eligibility
requirements of this chapter.
(e) A police officer or firefighter who converted shall contribute six
percent (6%) of the salary of a first class patrolman or firefighter to the
1925, 1937, or 1953 fund. This amount shall be deducted from the
police officer's or firefighter's salary each pay period by the disbursing
officer of the employer. Contributions under this subsection may not be
refunded.
[Pre-Local Government Recodification Citations:
19-1-17.8-7 part; 19-1-36.5-7 part.]
As added by Acts 1981, P.L.309, SEC.59. Amended by
P.L.3-1990, SEC.134; P.L.22-1998, SEC.18; P.L.127-2017,
SEC.260.