Sec. 10. (a) The local board shall determine how much of the 1937 fund may be safely invested and how much should be retained for the needs of the fund. Investments are restricted to the following:
(1) Interest bearing direct obligations of the United States or of the state or bonds lawfully issued by an Indiana political subdivision. The securities shall be deposited with and must remain in the custody of the treasurer of the local board, who shall collect the interest on them as it becomes due and payable.
(2) Savings deposits or certificates of deposit of a chartered national, state, or mutual bank whose deposits are insured by a federal agency. However, deposits may not be made in excess of the amount of insurance protection afforded a member or investor of the bank.
(3) Shares of a federal savings association organized under 12 U.S.C. 1461, as amended, and having its principal office in Indiana, or of a savings association organized and operating under Indiana statutes whose accounts are insured by a federal agency. However, shares may not be purchased in excess of the amount of insurance protection afforded a member or investor of the association.
(4) An investment made under IC 5-13-9.
(b) All securities must be kept on deposit with the unit's fiscal officer, who shall collect all interest due and credit it to the 1937 fund.
(c) The fiscal officer shall keep a separate account of the 1937 fund and shall fully and accurately set forth a statement of all money received and paid out by the fiscal officer. The fiscal officer shall, on the first Monday of January and June of each year, make a report to the local board of all money received and distributed by the fiscal officer. The president of the local board shall execute the officer's bond in the sum that the local board considers adequate, conditioned that the fiscal officer will faithfully discharge the duties of the fiscal officer's office and faithfully account for and pay over to the persons authorized to receive it all money that comes into the fiscal officer's hands by virtue of the fiscal officer's office. The bond and sureties must be approved by the local board and filed with the executive of the unit. The local board shall make a full and accurate report of the condition of the 1937 fund to the unit's fiscal officer on the first Monday of February in each year.
(d) All securities that were owned by and held in the name of the local board on January 1, 1938, shall be held and kept for the local board by the unit's fiscal officer until they mature and are retired. However, if an issue of the securities is refunded, the local board shall accept refunding securities in exchange for and in an amount equal to the securities refunded. All money received by the local board for the surrender of matured and retired securities shall be paid into and constitutes a part of the 1937 fund of the unit, as provided in section 8 of this chapter.
(e) Investments under this section are subject to section 2.5 of this chapter.
[Pre-Local Government Recodification Citation: 19-1-37-12 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.55-1989, SEC.53; P.L.79-1998, SEC.109; P.L.35-1999, SEC.9; P.L.173-2003, SEC.34; P.L.127-2017, SEC.251.
Structure Indiana Code
Chapter 7. 1937 Firefighters' Pension Fund
36-8-7-0.1. Application of Certain Amendments to Chapter
36-8-7-1. Application of Chapter
36-8-7-2. "Fire Company" Defined
36-8-7-2.5. Qualification of 1937 Fund Under Internal Revenue Code; Benefit Limitations
36-8-7-2.7. "Americans With Disabilities Act"
36-8-7-2.9. Administration of Fund
36-8-7-3. Creation of Fund; Management by Board of Trustees; Powers and Duties
36-8-7-4. Fire Departments With Fewer Than Five Members; Trustees; Elections
36-8-7-5. Trustees; Election of Active Members
36-8-7-6. Trustees; Election of Retired Members
36-8-7-6.5. Securing Ballots; Tampering With Ballots
36-8-7-7. Trustees; Officers; Local Board Secretary Bond; Rules; Application for Relief or Pensions
36-8-7-8. Derivation of Money in Fund
36-8-7-9.5. Use of Certain Amounts in 1937 Fund
36-8-7-10. Investment of Funds
36-8-7-12.1. Members Retiring With 20 Years Service
36-8-7-12.2. Members Dying Other Than in Line of Duty
36-8-7-12.3. Members Dying in Line of Duty Before September 1, 1982
36-8-7-12.4. Members Dying in Line of Duty After August 31, 1982
36-8-7-12.5. Determination Whether Disability in Line of Duty
36-8-7-12.7. Reemployment After Retirement
36-8-7-13. Lump Sum Death Benefit
36-8-7-15. Insufficient Funds for Appropriations; Loans; Tax Levy to Repay Loans
36-8-7-17. Eligibility for Employment; Physical Examinations; Age Requirements
36-8-7-18. Membership of Persons Employed on March 2, 1937, in Pension Fund
36-8-7-21. Payments; Procedure
36-8-7-23. Fiscal Officer as Custodian of Fund; Liability; Accounts
36-8-7-24. Temporary Loans; Authorization and Procedure
36-8-7-25. Items Excluded When Computing Benefits; Liability for Overpayment
36-8-7-26. Special Lump Sum Death Benefit in Addition to Other Benefits