Title 36, LOCAL GOVERNMENT

Sec. 12. (a) This section applies after June 30, 2008. (b) A county recorder or an employee of a county recorder who knowingly, intentionally, or recklessly discloses a recorded or filed document that contains a Social Security number without having the document searched, to the …

Sec. 2. As used in this chapter, "redacting technology" refers to technology that has the ability to: (1) search recorded and filed documents; and (2) redact Social Security numbers from recorded and filed documents. As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.12…

Sec. 3. For purposes of this chapter, disclosure of the last four (4) digits of an individual's Social Security number is not a disclosure of the individual's Social Security number. As added by P.L.91-2005, SEC.3.

Sec. 4. A document may not be submitted to the county recorder for recording or filing if the document contains the Social Security number of an individual, unless required by law. As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.13.

Sec. 5. (a) An individual preparing a document for recording or filing shall make the affirmation and statement required by IC 36-2-11-15(c) and IC 36-2-11-15(d). As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.14.

Sec. 6. (a) The county recorder shall charge a two dollar ($2) county identification security protection fee for recording or filing a document. (b) The county recorder shall deposit the fee charged under subsection (a) in the following manner: (1) One dollar ($1) shall be deposi…

Sec. 7. The state board of accounts shall establish reasonable procedures for a county recorder to follow: (1) when receiving and reviewing a document submitted for recording or filing; and (2) in order to comply with this chapter. As added by P.L.91-2005, SEC.3. Amended by P.L.1…

Sec. 8. (a) This section applies after December 31, 2007. (b) To the extent practicable and as permitted by law, a county recorder may not disclose a recorded or filed document for public inspection under IC 5-14-3 or IC 36-2-7-10.1 until the county recorder has: (1) searched the…

Sec. 9. A county recorder shall post a notice in the county recorder's office that states the: (1) duties of: (A) an individual preparing or reviewing a document for recording or filing; and (B) the county recorder; under this chapter; and (2) penalties under section 12 of this c…

Sec. 1. This chapter applies to the following counties: (1) A county having a population of more than forty-three thousand five hundred (43,500) and less than forty-five thousand (45,000). (2) A county having a population of more than nineteen thousand eight hundred fifty (19,850…

Sec. 2. Notwithstanding any other law, the executive of two (2) or more counties may, by interlocal agreement under IC 36-1-7, establish a multiple county special plan commission (referred to in this chapter as the "commission"). As added by P.L.168-1990, SEC.1.

Sec. 3. The geographic area over which a commission has jurisdiction may only consist of unincorporated territory that is in the watershed of a large scale water reservoir project. As added by P.L.168-1990, SEC.1.

Sec. 4. The interlocal agreement that establishes a commission must provide the following: (1) The geographic boundaries of the territory over which the commission has jurisdiction. (2) That the purpose of the commission is the exercise of local planning and zoning functions. (3)…

Sec. 5. A commission established under this chapter has the powers of an advisory plan commission under IC 36-7-4. As added by P.L.168-1990, SEC.1.

Sec. 6. A commission may not prohibit a property use that is in existence before the establishment of the commission. As added by P.L.168-1990, SEC.1.

Sec. 7. Notwithstanding any other law, a planning and zoning authority other than a commission established under this chapter may not exercise jurisdiction in any territory that is under the jurisdiction of the commission. As added by P.L.168-1990, SEC.1.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 22 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986. (2) The amendments made to section 13.8 of this chapter by P.L.28-2008 apply only to bene…

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…

Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code": (1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or (2) to the extent not inconsistent with subdivision (1), has the meaning set forth i…

Sec. 1.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act. As added by P.L.4-1992, SEC.40.

Sec. 1.9. The 1953 fund shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act. As added by P.L.4-1992, SEC.41.

Sec. 10. (a) If the local board determines that the total amount of money available for a year will be insufficient to pay the benefits, pensions, and retirement allowances the local board is obligated to pay under this chapter, the local board shall, before the date on which the…

Sec. 10.5. (a) This section applies to a balance in the 1953 fund that: (1) accrued from property taxes; (2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1953 fund because of amendments to IC 5-10.3-11-4.7 in 2008; and (3) is d…

Sec. 11. (a) The local board shall determine how much of the 1953 fund may be safely invested and how much should be retained for the needs of the fund. The investment shall be made in interest bearing direct obligations of the United States, obligations or issues guaranteed by t…

Sec. 12. (a) Benefits paid under this section are subject to section 1.5 of this chapter. (b) The 1953 fund shall be used to provide a member of the police department who retires from active duty after twenty (20) or more years of active duty an annual pension equal to fifty perc…

Sec. 12.5. (a) Not less than thirty (30) days after a member retires from a police department covered by this chapter, the member may: (1) be rehired by the same consolidated city that employed the member as a police officer for a position other than that of a full-time, fully pa…

Sec. 13. (a) For a member who becomes disabled before July 1, 2000, the 1953 fund shall be used to pay a pension in an annual sum equal to: (1) fifty percent (50%) for a disease or disability occurring before July 1, 1991; and (2) fifty-five percent (55%) for a disease or disabil…

Sec. 13.2. (a) If a local board determines that a fund member has a temporary or a permanent disability, the local board shall also make a recommendation to the board of trustees of the Indiana public retirement system (referred to in this section as "the system board") concernin…

Sec. 13.6. (a) This section applies to an active or retired member who dies other than in the line of duty (as defined in section 14.1 of this chapter). (b) The 1953 fund shall be used to pay an annuity, computed under subsection (g) and payable in monthly installments, to the su…

Sec. 13.7. (a) This section applies to a member who died in the line of duty (as defined in section 14.1 of this chapter) before September 1, 1982. (b) The 1953 fund shall be used to pay an annuity, computed under subsection (g) and payable in monthly installments, to the survivi…

Sec. 13.8. (a) Benefits paid under this section are subject to section 1.5 of this chapter. (b) The 1953 fund shall be used to pay twelve thousand dollars ($12,000) to the beneficiary or estate of a member of the fund, active or retired, who: (1) dies from any cause after having …

Sec. 14.1. (a) This section applies to an active member who dies in the line of duty after August 31, 1982. (b) If a member dies in the line of duty after August 31, 1982, the surviving spouse is entitled to a monthly benefit, during the spouse's lifetime, equal to the benefit to…

Sec. 15. (a) No pension, annuity, or benefit provided by this chapter is payable by the local board except upon written application by the member of the police department, or the surviving spouse or other dependent, upon the forms and with the information required by the local bo…

Sec. 16. The monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person. As added by Acts 1982, P.L.77, SEC.9.

Sec. 17. (a) If benefits are payable to a dependent child under eighteen (18) years of age or to a person adjudged mentally incompetent, the local board may, when it is to the apparent interest of the dependent child or incompetent person, waive guardianship proceedings and pay t…

Sec. 18. (a) In connection with an application for any pensions, annuities, or benefits other than for disability and other than voluntary retirement after twenty (20) years of active service in the police department, the local board may, if it is satisfied with the facts reporte…

taking from employer pending Sec. 19. (a) All pensions, annuities, and benefits payable out of the 1953 fund are exempt from seizure or levy upon attachment, garnishment, execution, and all other process. Except as provided in section 23 of this chapter, pensions, annuities, and …

Sec. 2. (a) A police pension fund to be known as the 1953 fund is established in each consolidated city. (b) The 1953 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) having nine (9) trustees, as follows: (1) The city executive, the …

Sec. 20. Any pension, annuity, or benefit provided for in this chapter that is paid by the local board contrary to this chapter or on account of the fraud or misrepresentation by the member concerned or any other applicant shall be treated as erroneously paid, and the local board…

Sec. 21. (a) Remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off may not be used in the computation of benefits under this chapter. (b) If the remuneration or allowan…

Sec. 22. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 14.1 of this chapter. (b) A special death benefit of one hundred fifty thousand dollars ($150,000) for a fund member who dies in the line of duty before July 1, 2020, and two hun…

Sec. 23. Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the 1953…

Sec. 3. (a) The city executive is president of the local board, the police chief is its vice president, the county treasurer is its treasurer, and the local board shall elect a secretary. The secretary shall be paid out of the 1953 fund a sum for the secretary's services as fixed…

Sec. 4. (a) The local board shall ensure and confirm that: (1) all amounts specified in this chapter to be applied to the 1953 fund, from any sources, are collected and applied to the fund; (2) the various sums to be deducted from the salaries of the police officers concerned are…

Sec. 5. (a) The local board shall consider and pass upon all applications for annuities, pensions, and benefits. (b) The local board shall authorize the payment of any annuity, pension, or benefit, whether granted under this chapter or under any other statute superseded by this c…

Sec. 6. The local board shall submit a report in the month of June of each year to the city legislative body. The report shall be made as of the close of business on December 31 of the preceding year and must contain a detailed statement of the affairs of the 1953 fund under the …