Sec. 41. (a) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter or a police officer by a political subdivision that is reorganized under this article;
(2) who is a member of the 1977 fund before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the fire department, police department, or county police department of the reorganized political subdivision;
remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter or police officer shall receive credit for any service as a member of the 1977 fund before the reorganization to determine the firefighter's or police officer's eligibility for benefits under IC 36-8-8.
(b) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter by a political subdivision that is reorganized under this article;
(2) who is a member of the 1937 fund before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the fire department of the reorganized political subdivision;
remains a member of the 1937 fund. The firefighter shall receive credit for any service as a member of the 1937 fund before the reorganization to determine the firefighter's eligibility for benefits under IC 36-8-7.
(c) Notwithstanding any other law, an individual:
(1) who is employed as a member of a county police department by a political subdivision that is reorganized under this article;
(2) who is a member of the sheriff's pension trust before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes a law enforcement officer of the reorganized political subdivision;
remains a member of the sheriff's pension trust. The individual shall receive credit for any service as a member of the sheriff's pension trust before the reorganization to determine the individual's eligibility for benefits under IC 36-8-10.
(d) Notwithstanding any other law, an individual:
(1) who is employed as a police officer by a political subdivision that is reorganized under this article;
(2) who is a member of the 1925 fund or 1953 fund before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the police department or county police department of the reorganized political subdivision;
remains a member of the 1925 fund or 1953 fund. The police officer shall receive credit for any service as a member of the 1925 fund or 1953 fund before the reorganization to determine the police officer's eligibility for benefits under IC 36-8-6 or IC 36-8-7.5.
(e) Notwithstanding any other law, an individual:
(1) who is employed by a political subdivision that is reorganized under this article;
(2) who is a member of the pre-1996 account (as defined in IC 5-10.4-1-12) before the effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the reorganized political subdivision in a position that qualifies the individual for service credit in the Indiana state teachers' retirement fund;
remains a member of the pre-1996 account.
As added by P.L.186-2006, SEC.4. Amended by P.L.2-2007, SEC.383.
Structure Indiana Code
Article 1.5. Government Modernization
Chapter 4. Reorganization by Referendum
36-1.5-4-2. Adjacent Political Subdivisions
36-1.5-4-3. Types of Reorganization
36-1.5-4-4. Powers of Political Subdivisions in an Approved Reorganization
36-1.5-4-5. Effective Date of Reorganization
36-1.5-4-6. Results of Reorganization
36-1.5-4-7. Budgets, Tax Rates, and Tax Levies; Deadline for Certification; Election Districts
36-1.5-4-8. Authority of Department of Local Government Finance to Prescribe Forms
36-1.5-4-9. Initiation of Reorganization
36-1.5-4-10. Initiation of Reorganization by Legislative Body
36-1.5-4-11. Initiation of Reorganization by Voters
36-1.5-4-12. Action by Legislative Body on Proposed Reorganization; Hearing
36-1.5-4-14. Revision of Resolutions
36-1.5-4-18. Preparation of Reorganization Plan; Required Elements
36-1.5-4-19. Consideration of Reorganization Plan by Legislative Bodies
36-1.5-4-20. Actions by Legislative Bodies on Reorganization Plan
36-1.5-4-21. Modifications to Reorganization Plan
36-1.5-4-22. Action by Legislative Bodies on Revised Reorganization Plan
36-1.5-4-23. Certification by Legislative Bodies of Final Action
36-1.5-4-23.5. Failure to Adopt Reorganization Plan; Petition Requesting a Public Question
36-1.5-4-24. Filing of Reorganization Plan
36-1.5-4-25. Recording of Certifications and Reorganization Plan by County Recorder
36-1.5-4-27.5. Certification of Resolution to Rescind Plan of Reorganization
36-1.5-4-29. Application of Ic 3
36-1.5-4-30. Certification by Circuit Court Clerk of Results of Public Question
36-1.5-4-31. Recording of Certification From Circuit Court Clerk
36-1.5-4-32. Approval of Public Question
36-1.5-4-33. Termination of Reorganization if Public Question Not Approved
36-1.5-4-34. Reorganization According to Reorganization Plan if Public Question Approved
36-1.5-4-34.5. Establishment of Equipment Replacement Funds
36-1.5-4-35. Appointment of Town Precinct Boards
36-1.5-4-36. Initial Election of Officials of Reorganized Political Subdivision
36-1.5-4-37. Change of Boundaries
36-1.5-4-38. Powers of Reorganized Political Subdivision
36-1.5-4-39. Exercise of Powers of Reorganizing Political Subdivisions
36-1.5-4-39.5. Reorganization Plan
36-1.5-4-40. Debt; Pension Obligations
36-1.5-4-41. Pension Fund Membership
36-1.5-4-42. Transfer of Functions of Elected Office
36-1.5-4-43. Termination of Reorganization; Restoration of Reorganizing Political Subdivisions
36-1.5-4-44. Reorganized Political Subdivision
36-1.5-4-45. Actions Prohibited While Reorganization Pending
36-1.5-4-46. Promoting Position on Public Question Prohibited