Sec. 6. (a) An election shall be held under this section every two (2) years to elect one (1) trustee from the retired members of the fire department for a term of two (2) years, commencing on the day of the trustee's election, if the retired list contains at least three (3) retired members at the time of election. The fire chief shall fix a time for holding a convention to nominate candidates for trustee to be elected at each election. Each convention must be held at least fifteen (15) days before the day on which the biennial election is held. All retired members of the fire department may participate in the convention. The convention, when assembled, shall nominate not more than four (4) members of the retired list to be voted upon as trustee. The secretary of the board shall mail the names of the persons nominated along with an official ballot to the retired members within forty-eight (48) hours of the end of the convention.
(b) The election shall be conducted by mail. Each retired member is entitled to cast one (1) ballot by mail and the ballot may not contain more than one (1) name, chosen from the list of retired persons nominated by the convention. The candidate receiving the highest number of votes by 6 p.m. on the second Monday in February or an alternative date in February specified in the bylaws of the fund is elected.
(c) The ballots must remain closed and inviolate until the close of the election, at which time, in the presence of the executive of the unit, the fire chief, and the clerk of the unit, the ballots shall be opened and counted. A certificate of election shall be issued to the candidate receiving the highest number of votes. If two (2) or more candidates receive the same number of votes, the executive and the chief shall immediately determine by lot who will be trustee from the persons receiving an equal number of votes.
(d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-5; subsection (b) formerly 19-1-37-7; subsection (c) formerly 19-1-37-9.]
As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.170-1994, SEC.3; P.L.227-2005, SEC.42.
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