Title 36, LOCAL GOVERNMENT

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 26 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986. (2) The addition of section 12.1 of this chapter by P.L.171-1990 applies to all benefits …

Sec. 1. (a) This chapter applies to pension benefits for members of fire departments hired before May 1, 1977, in units for which a 1937 fund was established before May 1, 1977. (b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if…

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 bo…

Sec. 11. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) If a member of the fire department becomes seventy (70) years of age or is found upon examination by a medical officer to have a physical or mental disability and to be unable to perform…

Sec. 12.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) A member who has been in service twenty (20) years, upon making a written application to the fire chief, may be retired from all service with the department without a medical examinati…

Sec. 12.2. (a) This section applies to an active or retired member who dies other than in the line of duty (as defined in section 12.4 of this chapter). (b) If a member of the fire department or a retired member of the 1937 fund dies and leaves: (1) a surviving spouse; (2) a chil…

Sec. 12.3. (a) This section applies to a member who died in the line of duty (as defined in section 12.4 of this chapter) before September 1, 1982. (b) If a member of the fire department or a retired member of the 1937 fund dies and leaves: (1) a surviving spouse; (2) a child or …

Sec. 12.4. (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. 12.5. (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. 12.7. (a) Not less than thirty (30) days after a member retires from a fire department covered by this chapter, the member may: (1) be rehired by the same unit that employed the member as a firefighter for a position other than that of a full-time, fully paid firefighter; an…

Sec. 13. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) Upon the death of a disabled, retired, or discharged member of the fire department who was receiving or entitled to receive a pension at the time of the member's death, or upon the death…

Sec. 14. (a) The local board shall meet annually and prepare an itemized estimate, in the form prescribed by the state board of accounts, of the amount of money that will be receipted into and disbursed from the 1937 fund during the next fiscal year. The estimated receipts consis…

Sec. 15. If the appropriations for any of the purposes contemplated in section 14 of this chapter are exhausted before the end of the fiscal year for which the appropriations have been made, the unit's fiscal body shall make the necessary additional appropriations according to IC…

Sec. 16. (a) After a member of the fire department has been retired upon pension because of disability, the local board may require the retired member to again be examined by competent physicians or surgeons. After the examination, the local board shall conduct a hearing under IC…

Sec. 17. (a) The local board may require and provide for a physical examination of applicants for employment in the fire department. (b) A person who: (1) is at least thirty-six (36) years of age; or (2) fails to pass the physical examination required by the local board; may not …

Sec. 18. (a) Notwithstanding section 17 of this chapter, each member of the fire department who was in active service on March 2, 1937, but who was not a member of the firemen's pension fund, is conclusively considered to be a member of the 1937 fund and shall pay, in addition to…

Sec. 2. As used in this chapter, "fire company" means each organization or group doing duty as part of the fire department, including engine companies, hose companies, those in the telephone or telegraph service, inspectors, mechanics, watchmen, and others in charge of apparatus …

Sec. 2.5. (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. 2.7. 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.36.

Sec. 2.9. The 1937 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.37.

Sec. 20. All money that is collected and received by the local board or an officer of it by virtue of subdivisions (1) through (4) of section 8 of this chapter shall be paid to the unit's fiscal officer, who shall credit this money to the 1937 fund. The 1937 fund is a public fund…

Sec. 21. Payments to beneficiaries and dependents from the 1937 fund shall be made upon a warrant of the unit's fiscal officer upon a verified schedule of beneficiaries and dependents and the amount payable to each. The schedule shall be prepared and verified by the secretary, si…

Sec. 22. (a) The 1937 fund may not be, either before or after an order for distribution to members of the fire department or to the surviving spouses or guardians of a child or children of a deceased, disabled, or retired member, held, seized, taken, subjected to, detained, or le…

Sec. 23. The unit's fiscal officer is the custodian of all money belonging to the 1937 fund, and all money belonging to the fund shall be promptly paid to the officer. The officer is liable on the officer's bond for the faithful performance of all duties imposed upon the officer …

Sec. 24. The local board may, by resolution, authorize temporary loans to be made and effected in anticipation of current revenues of the unit actually levied and in the course of collection for the fiscal year in which the loans are made. The fiscal body of the unit shall by ord…

Sec. 25. (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. 26. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 12.4 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. 27. 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 1937…

Sec. 3. (a) A firefighters' pension fund to be known as the 1937 fund is established in each unit described by section 1(a) of this chapter. (b) The 1937 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) composed of seven (7) trustees…

Sec. 4. (a) If a unit has less than five (5) members in its fire department, the unit may provide for the organization of a local board consisting of the fire chief, the executive of the unit, and one (1) member of the fire department. (b) The trustee from the fire department sha…

Sec. 5. (a) An election shall be held each year under this section to elect one (1) trustee from the active members of the fire department for a term of four (4) years, commencing on the day of the trustee's election. The fire chief shall fix a time for holding a convention to no…

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) reti…

Sec. 6.5. (a) All ballots voted under this chapter shall be secured until the balloting is closed. (b) Tampering with a ballot for an election under this chapter is a Class A infraction. (c) This section does not apply to a township if the fire department of the township is conso…

Sec. 7. (a) The fire chief is the president of the local board. (b) At the first meeting after each election, the local board shall elect a secretary, who may be chosen from among the trustees. However, the local board may consider it proper to have a secretary who is a member of…

Sec. 8. The 1937 fund is derived from the following sources: (1) From all money and other property that is given to the local board or 1937 fund for the uses and purposes for which the fund is created. The local board may take by gift, grant, devise, or bequest any money, persona…

Sec. 9. The 1937 fund and the appropriations made for the fund shall be used exclusively for the following: (1) Payments to retired members and the dependents of deceased members. (2) Death benefits. (3) Other incidental expenses that are authorized by and are essential to the pr…

Sec. 9.5. (a) This section applies to a balance in a 1937 fund that: (1) accrued from property taxes; (2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1937 fund because of amendments to IC 5-10.3-11-4.7 in 2008; and (3) is dete…

Sec. 1. This chapter applies to all cities. [Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-7 part; 18-4-19-8 part.] As added by Acts 1981, P.L.309, SEC.80.

Sec. 2. The city legislative body may, by ordinance, establish a department of traffic engineering. [Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-7 part; 18-4-19-8 part.] As added by Acts 1981, P.L.309, SEC.80.

Sec. 3. (a) The personnel of the department of traffic engineering consists of a city traffic engineer, the traffic engineer's assistants, and other employees necessary to perform the duties of the department. The city executive shall appoint the traffic engineer. (b) The traffic…

Sec. 4. (a) The traffic engineer is responsible only to the city executive or safety board, and the traffic engineer may act only in an advisory capacity to the executive or board. (b) The traffic engineer has full authority over all the traffic engineer's subordinates. [Pre-Loca…

Sec. 5. The traffic engineer shall: (1) conduct all research relating to the engineering aspects of the planning of: (A) public ways; (B) lands abutting public ways; and (C) traffic operation on public ways; for the safe, convenient, and economical transportation of persons and g…

Sec. 1. This chapter applies to the townships indicated in each section. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.114.

Sec. 2. (a) This section applies to all townships except those in a county having a consolidated city. (b) The township executive may, upon petition of at least twenty-five (25) resident freeholders and approval of the township legislative body, purchase or improve suitable land …

Sec. 3. (a) This section applies to all townships. (b) The township executive may: (1) levy a tax; and (2) use appropriated township funds; to pay for recreation programs, facilities (including a community center used for recreational purposes), or services. [Pre-Local Government…

Sec. 4. (a) This section applies to each township: (1) in a county having a consolidated city; or (2) containing a second class city within its boundaries that is not a county seat. (b) If there is a public park or playground in the township under the jurisdiction of the township…