Title 36, LOCAL GOVERNMENT

Sec. 1.9. The 1925 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.33.

Sec. 10.1. (a) This section applies to a member who dies in the line of duty after August 31, 1982. (b) The surviving spouse is entitled to a monthly benefit, during the spouse's lifetime, equal to the benefit to which the member would have been entitled on the date of the member…

Sec. 11. The 1925 fund shall be used to pay an amount, equal to the pensions provided by this chapter in the case of voluntary retirement after twenty (20) years' service, to a member of the police department who is dismissed for any reason after having been in actual service for…

Sec. 12. The monthly pension payable to a member or survivor under this chapter may not be reduced below the amount of the first full monthly pension received by that person. [Pre-Local Government Recodification Citation: 19-1-24-3.5.] As added by Acts 1981, P.L.309, SEC.55.

Sec. 13. (a) A member of the police department placed on the retired list, except those that have served on the department for twenty (20) years or more and have been retired for that reason, shall report for duty to the chief of police as is provided in the bylaws of the local b…

Sec. 14. (a) If there is not sufficient money to the credit of the 1925 fund to pay all claims against it in full, claims arising from the death of members of the department shall be paid in full first with as little delay as possible, after which an equal percentage shall be pai…

Sec. 15. A pension may not be paid to an employee of the police department who at the time of the employee's appointment was thirty-six (36) years of age or older, or who failed at that time to pass the medical examination required by the board. However, such a person is exempt f…

Sec. 16. (a) Notwithstanding section 15 of this chapter, all employees of the police department at the time a municipality established a 1925 fund, regardless of their age at the time they became members of the department, became members of the 1925 fund and are entitled to all t…

Sec. 17. If a person who has received a benefit from the 1925 fund fails to report for duty or for examination, or otherwise fails to comply with legal requirements imposed by the local board, the local board may, after notice to the person, discontinue or reduce future payments.…

Sec. 18. If a second or third class city maintains a police pension fund that pays a smaller amount to the beneficiary under prior statutes governing the pension fund, this chapter does not increase those amounts. [Pre-Local Government Recodification Citation: 19-1-24-6.] As adde…

Sec. 19. (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. 2. (a) A police pension fund to be known as the 1925 fund is established in each municipality described in section 1(a) of this chapter. (b) The 1925 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) having at least seven (7) but…

Sec. 20. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 10.1 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. 21. 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 1925…

Sec. 3. (a) The municipal executive is president of the local board, the municipal fiscal officer is its treasurer, and the local board shall select one (1) of its members secretary. The secretary shall be paid out of the 1925 fund a sum for the secretary's services as fixed by t…

Sec. 4. (a) The 1925 fund is derived from the following sources: (1) From money or other property that is given to the local board for the use of the fund. The local board may take by gift, grant, devise, or bequest of any money, chose in action, personal property, or real proper…

Sec. 5. (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. 5.5. (a) This section applies to a balance in the 1925 fund that: (1) accrued from property taxes; (2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1925 fund because of amendments to IC 5-10.3-11-4.7 in 2008; and (3) is de…

Sec. 6. (a) The local board shall determine how much of the 1925 fund may be safely invested and how much should be retained for the needs of the fund. The investment shall be made: (1) in interest bearing bonds of the United States, the state, or an Indiana municipal corporation…

Sec. 8. (a) For a member who became disabled before July 1, 2000, the 1925 fund shall be used to pay a pension in a sum determined by the local board, but not exceeding: (1) for a disability or disease occurring before July 1, 1982, fifty percent (50%); and (2) for a disability o…

Sec. 8.1. (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") concerning…

Sec. 9. (a) Benefits paid under this section are subject to section 1.5 of this chapter. (b) The 1925 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 perce…

Sec. 9.5. (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 municipality that employed the member as a police officer for a position other than that of a full-time, fully paid pol…

Sec. 9.6. (a) This section applies to an active or retired member who dies other than in the line of duty (as defined in section 10.1 of this chapter). (b) A payment shall be made to the surviving spouse of a deceased member in an amount fixed by ordinance, but at least an amount…

Sec. 9.7. (a) This section applies to a member who died in the line of duty (as defined in section 10.1 of this chapter) before September 1, 1982. (b) A payment shall be made to the surviving spouse of a deceased member in an amount fixed by ordinance, but at least an amount equa…

Sec. 9.8. (a) Benefits paid under this section are subject to section 1.5 of this chapter. (b) The 1925 fund shall be used to pay funeral benefits to the heirs or estate of an active or a retired member of the police department who has died from any cause, in an amount fixed by o…

Sec. 1. This chapter applies to second and third class cities. [Pre-Local Government Recodification Citation: 18-1-6-15 part.] As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.44, SEC.59.

Sec. 10. (a) The works board may prepare a uniform plan for the drainage and sewerage of the city. (b) The works board may lay out, design, order, contract for, and execute the construction, alteration, and maintenance of all public drains or sewers necessary to carry off the dra…

Sec. 11. The works board may erect, maintain, and operate works for the collection, treatment, and disposal of sewage. [Pre-Local Government Recodification Citation: 18-1-6-15 part.] As added by Acts 1981, P.L.309, SEC.79.

Sec. 12. The works board may design, order, contract for, and cause the erection of any culvert, bridge, or aqueduct within the city, or may enter in a contract for the joint erection and maintenance of such a structure by the city and a company or individual. [Pre-Local Governme…

Sec. 13. (a) A contract under this section must be submitted to the city legislative body and does not take effect until approved by ordinance of the legislative body. (b) The works board may authorize a telegraph, telephone, electric light, gas, water, steam, railroad, or interu…

Sec. 14. The works board may license the making of excavations from the surface or underneath the surface of a street, alley, or public place in the city. The works board may require bond to pay for damages caused by excavations and to secure the proper repair of the street, alle…

Sec. 15. The works board may order the removal of any structure in a street, alley, or public place of the city. If the person maintaining the structure fails to remove it, the works board may remove it at the person's expense. [Pre-Local Government Recodification Citation: 18-1-…

Sec. 16. The works board may design, order, contract for, and cause the erection of levees for the city. [Pre-Local Government Recodification Citation: 18-1-6-15 part.] As added by Acts 1981, P.L.309, SEC.79.

Sec. 17. The works board may straighten, deepen, or otherwise improve any natural or artificial watercourse. [Pre-Local Government Recodification Citation: 18-1-6-15 part.] As added by Acts 1981, P.L.309, SEC.79.

Sec. 18. The works board may require the owners of canals and watercourses to construct and maintain bridges across them at street and alley intersections. [Pre-Local Government Recodification Citation: 18-1-6-15 part.] As added by Acts 1981, P.L.309, SEC.79.

Sec. 19. The works board may, by contract or otherwise, remove all dead animals, rubbish, and other refuse from the city. The works board may erect crematories or other plants for the destruction and disposal of this refuse. [Pre-Local Government Recodification Citation: 18-1-6-1…

Sec. 2. Unless otherwise provided by statute or ordinance, the works board shall supervise the streets, alleys, sewers, public grounds, and other property of the city, and shall keep them in repair and good condition. The works board shall provide for the cleaning of city streets…

Sec. 20. The works board may maintain a map and record of all pipes and conduits in the city for sewers, gas, water, electric wire, heat, and other purposes, showing their size, depth, inclination, location, and date of construction. [Pre-Local Government Recodification Citation:…

Sec. 21. (a) The works board may fill or drain, at the owner's expense, any lot or tract within the city, or within four (4) miles from its corporate boundaries if the water on the lot or tract is or may become injurious to the public health and comfort. However, no more than twe…

Sec. 22. The works board may construct restrooms and fountains in public places. [Pre-Local Government Recodification Citation: 18-1-6-15 part.] As added by Acts 1981, P.L.309, SEC.79.

Sec. 23. All expenses incurred or authorized by the works board under this chapter are payable out of the general fund of the city, from appropriations made for the use of the board and available for the particular purpose, unless a statute specifically directs that the expenses …

Sec. 24. (a) If any work ordered or undertaken by the works board is payable out of the general fund of the city, it may cause the work to be done by independent contract or by employees of the board. (b) If any work ordered or undertaken by the works board is payable, in whole o…

Sec. 3. (a) Unless otherwise provided by statute or ordinance, the works board has custody of and may maintain all real and personal property of the city. (b) A city works board may design, order, contract for, and execute: (1) all work required to improve or repair any real or p…

Sec. 4. The works board may condemn, rent, or purchase any real or personal property needed by the city for any public use, unless a different provision for purchase is made by statute or ordinance. However, the city legislative body may by ordinance: (1) require that these conde…

Sec. 5. The works board may approve plats under IC 36-7-3-3(d). [Pre-Local Government Recodification Citation: 18-1-6-15 part.] As added by Acts 1981, P.L.309, SEC.79.