Sec. 1. (a) This chapter applies to pension benefits for members of police departments hired before May 1, 1977, by a consolidated city.
(b) A police officer with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if:
(1) the officer was hired before May 1, 1977;
(2) the officer did not convert under IC 19-1-17.8-7 (repealed September 1, 1981);
(3) the officer was not a member of the 1953 fund because:
(A) the officer's employment was on a temporary or emergency status under a statute in effect before February 25, 1953;
(B) the officer failed to pass a five (5) year physical requirement under such a statute; or
(C) the officer was a war veteran without pension status;
(4) the officer submitted to a physical medical examination, if required by the local board, and the results were satisfactory; and
(5) the officer was accepted by the local board as a member of the 1953 fund upon payment of all dues required for the officer's entire time as a member of the police department.
(c) A police officer is covered by this chapter and not by IC 36-8-8 if the officer:
(1) was hired before May 1, 1977; and
(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981).
(d) A police officer is covered by this chapter and not by IC 36-8-8 if the officer:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981);
(3) is a regularly appointed member of the police department;
(4) is a member of the 1953 fund;
(5) was employed on a temporary or emergency status before regular employment; and
(6) paid into the 1953 fund by not later than January 1, 1968, all dues for the period the officer was on temporary or emergency status.
(e) A police officer who:
(1) is covered by this chapter before consolidation under IC 36-3-1-5.1; and
(2) becomes a member of the consolidated law enforcement department through consolidation under IC 36-3-1-5.1;
is covered by this chapter after the effective date of the consolidation, and the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter.
(f) In computing the length of active service rendered by any police officer for the purpose of determining the expiration of a period of twenty (20) years of active service, all of the following periods are counted:
(1) All of the time the officer performed the duties of the officer's position in active service.
(2) Vacation time or periods of leave of absence with whole or part pay.
(3) Periods of leave of absence without pay that were necessary on account of physical or mental disability.
(4) Periods of disability for which the officer will receive or has received any disability benefit.
(g) In computing the term of service there is not included any of the following:
(1) Periods during which the police officer was or is suspended or on leave of absence without pay.
(2) Periods during which the officer was not in active service on account of the officer's resignation from the department.
(3) Time served as a special police officer, a merchant police officer, or private police officer.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.104-1983, SEC.6; P.L.3-1990, SEC.131; P.L.227-2005, SEC.45.
Structure Indiana Code
Chapter 7.5. 1953 Police Pension Fund (Indianapolis)
36-8-7.5-0.1. Application of Certain Amendments to Chapter
36-8-7.5-1. Application of Chapter; Officers Eligible for Benefits
36-8-7.5-1.5. Qualification of 1953 Fund Under Internal Revenue Code; Benefit Limitations
36-8-7.5-1.7. "Americans With Disabilities Act"
36-8-7.5-1.9. Administration of Fund
36-8-7.5-2. Establishment of Fund; Local Board of Trustees; Terms; Vacancies; Compensation; Bylaws
36-8-7.5-3. Officers of Local Board; Powers and Duties; Secretary's Bond; Reports
36-8-7.5-4. Management of Revenue of Fund by Local Board
36-8-7.5-5. Applications to Local Board for Annuities, Pensions, and Benefits
36-8-7.5-6. Annual Report of Local Board
36-8-7.5-7. Employees of Local Board; Compensation
36-8-7.5-9. City Officers; Powers and Duties
36-8-7.5-10. Insufficient Pension Fund; Estimates; Statement; Tax Levy
36-8-7.5-10.5. Use of Certain Amounts in 1953 Fund
36-8-7.5-11. Investments of Local Board
36-8-7.5-12. Voluntary Retirement Pension; Emergency Services
36-8-7.5-12.5. Reemployment After Retirement
36-8-7.5-13.2. Determination Whether Disability in Line of Duty
36-8-7.5-13.6. Members Dying Other Than in Line of Duty
36-8-7.5-13.7. Members Dying in Line of Duty Before September 1, 1982
36-8-7.5-13.8. Death Benefits Paid to Beneficiary or Estate of Member
36-8-7.5-14.1. Members Dying in Line of Duty After August 31, 1982
36-8-7.5-15. Necessity of Application; Dismissed Member of Police Department
36-8-7.5-16. Reduction in Monthly Pension
36-8-7.5-20. Benefits Paid Contrary to Law; Recovery of Pension
36-8-7.5-21. Remuneration or Allowances Not to Be Used in Computation of Benefits
36-8-7.5-22. Special Lump Sum Death Benefit in Addition to Other Benefits