Title 36, LOCAL GOVERNMENT

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. (a) The legislative body of a county having a county department of buildings or a joint city-county building department may, by ordinance, adopt minimum…

Sec. 6. The county executive may employ the inspectors, agents, and deputies it considers necessary to enforce ordinances adopted under this chapter and under applicable statutes and state rules. The county fiscal body shall make appropriations from the county general fund to pay…

Sec. 7. One (1) or more municipalities and a county may designate, by ordinance or resolution of their legislative bodies, a single agency of a municipality or the county to administer and enforce: (1) the ordinances adopted under section 3 of this chapter; and (2) the standards …

Sec. 8. A county that has adopted an ordinance under section 4 of this chapter may contract with any city located in the county to have the city administer and enforce that ordinance. The contract must be for a stated and limited period, and may be renewed. All actions, notices, …

Sec. 9. A person aggrieved by a decision of the county department of buildings or other regulating agency under this chapter may appeal as in other civil actions. The appellant must, by registered mail, give the county executive a fifteen (15) day written notice of the appellant'…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 20 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 10 of this chapter by P.L.232-1997 apply only to membe…

Sec. 1. This chapter applies to: (1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981); (2) full-time fully paid firefighters hired or rehired after April 30, 1…

Sec. 1.2. As used in this chapter, "airport authority" refers to an airport authority established under IC 8-22-3. As added by P.L.102-2023, SEC.5.

Sec. 1.5. As used in this chapter, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f). As added by P.L.13-2011, SEC.15.

Sec. 10. (a) A fund member is eligible for retirement after the member has completed twenty (20) years of active service. (b) Unless the member is receiving benefits under subsection (c), unreduced benefits to a retired fund member begin the date: (1) the fund member becomes fift…

Sec. 11. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) This subsection applies to a fund member who retires before July 1, 2019. Each fund member who qualifies for a retirement benefit payment under section 10(b) of this chapter is entitled …

Sec. 11.5. (a) This subsection applies to a fund member who is less than fifty-five (55) years of age on the date on which the fund member retires. Not less than thirty (30) days after a fund member retires from a position covered by this chapter, the fund member may: (1) be rehi…

years old Sec. 12. (a) Benefits paid under this section are subject to sections 2.5 and 2.6 of this chapter. (b) If an active fund member has a covered impairment, as determined under sections 12.3 through 13.1 of this chapter, the member is entitled to receive the benefit prescr…

Sec. 12.3. (a) Upon a request from a fund member or from the safety board of the appropriate police or fire department, the local board shall conduct a hearing under section 12.7 of this chapter to determine whether the fund member has a covered impairment. (b) A covered impairme…

Sec. 12.4. A fund member who is hired for the first time before January 1, 1990, may choose to be covered by sections 12.5 and 13.5 of this chapter (instead of section 13.3 of this chapter) if the fund member files an election with the system board before January 1, 1991. However…

Sec. 12.5. (a) This section applies only to a fund member who: (1) is hired for the first time after December 31, 1989; (2) chooses coverage by this section and section 13.5 of this chapter under section 12.4 of this chapter; or (3) is described in section 12.3(c)(2) of this chap…

Sec. 12.7. (a) This section applies to hearings conducted by local boards concerning determinations of impairment under this chapter or of disability under IC 36-8-5-2(g), IC 36-8-6, IC 36-8-7, and IC 36-8-7.5. (b) At least five (5) days before the hearing, the local board shall …

Sec. 13.1. (a) If: (1) the local board has determined under this chapter that a covered impairment exists and the safety board has determined that there is no suitable and available work within the department, considering reasonable accommodation to the extent required by the Ame…

Sec. 13.3. (a) This section applies only to a fund member who: (1) is hired for the first time before January 1, 1990; and (2) does not choose coverage by sections 12.5 and 13.5 of this chapter under section 12.4 of this chapter. This section does not apply to a fund member descr…

Sec. 13.5. (a) This section applies only to a fund member who: (1) is hired for the first time after December 31, 1989; (2) chooses coverage by this section and section 12.5 of this chapter under section 12.4 of this chapter; or (3) is described in section 12.3(c)(2) of this chap…

Sec. 13.6. (a) As used in this chapter, "Class 3 excludable condition" means a condition that is included on the list of excludable medical conditions established by the system board under subsection (b). (b) The system board shall adopt rules to establish a list of excludable me…

Sec. 13.7. (a) No more than once every twelve (12) months after the final determination of covered impairment under this chapter: (1) a petition for review of the fund member's impairment may be filed with the local board by the fund member, the safety board, or the system board;…

Sec. 13.8. (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) after August 31, 1982. (b) If a fund member dies while receiving retirement or disability benefits, the following apply: (1) Exc…

Sec. 13.9. (a) This section applies to an active member who died in the line of duty (as defined in section 14.1 of this chapter) before September 1, 1982. (b) Except as otherwise provided in this subsection, if a fund member dies in the line of duty, the following apply: (1) Eac…

Sec. 14.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) This section applies to an active member who dies in the line of duty after August 31, 1982. (c) If a fund member dies in the line of duty after August 31, 1982, the member's surviving…

Sec. 14.2. (a) This section applies to every unit that is an employer of one (1) or more individuals who are active members of the 1977 fund. (b) As used in this section, "survivor" means: (1) a surviving spouse of a deceased member of the 1977 fund; or (2) a surviving natural ch…

Sec. 15. Each year the system board shall determine if there has been an increase or decrease in the consumer price index (United States city average) prepared by the United States Department of Labor by comparing the arithmetic mean of the consumer price index for January, Febru…

Sec. 16. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) The heirs or estate of a fund member is entitled to receive at least fifteen thousand dollars ($15,000) upon the fund member's death. [Pre-Local Government Recodification Citations: 19-1…

Sec. 17. (a) The benefits of this chapter are exempt from attachment and garnishment and may not be seized, taken, or levied upon by any execution or process. However, a fund member's contributions or benefits, or both, may be transferred to reimburse the fund member's employer f…

Sec. 17.2. (a) Notwithstanding any other provision of this chapter, a person receiving a disability, retirement, or survivor monthly benefit under this chapter may, after June 30, 2004, authorize the system board to make a deduction from the benefit. (b) An authorization for a de…

Sec. 18. (a) Except as provided in subsection (b), if a unit, an airport authority, a school corporation, or a charter school becomes a participant in the 1977 fund, credit for prior service by police officers (including prior service as a full-time, fully paid town marshal, full…

Sec. 18.1. (a) As used in this section, "police officer" includes a former full-time, fully paid: (1) town marshal; (2) deputy town marshal; (3) conservancy district marshal; or (4) deputy conservancy district marshal; who is employed as a police officer by a metropolitan board o…

Sec. 19. (a) The baseline statewide physical examination required by section 7(a) of this chapter shall be prescribed by the system board and shall be administered by the appointing authority, as determined by the local board, after the appointing authority extends a conditional …

Sec. 2. As used in this chapter, "employer" means: (1) a municipality that established a 1925 or 1953 fund or that participates in the 1977 fund under section 3 or 18 of this chapter; (2) a unit that established a 1937 fund or that participates in the 1977 fund under section 3 or…

Sec. 2.1. (a) As used in this chapter, "local board" means the following: (1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2. (2) For a unit that established a 1937 fund for its firefighters, the local board described in …

Sec. 2.2. As used in this chapter, "school resource officer" has the meaning set forth in IC 20-26-18.2-1. As added by P.L.135-2024, SEC.9.

Sec. 2.3. As used in this chapter, "system board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. As added by P.L.35-2012, SEC.113.

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. 2.6. The 1977 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.43.

Sec. 20. (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) Benefits paid under this section are subject to section 2.5 of this chapter. (c) A special death benefit of one hundred fifty thousand dollars ($150,000…

Sec. 21. (a) This section applies to: (1) police officers and firefighters who are employed by units that become participants in the 1977 fund under section 3(c) of this chapter; (2) police officers and firefighters who are employed by an airport authority that becomes a particip…

Sec. 21.5. (a) This section applies to a school resource officer that becomes or remains a member of the 1977 fund under section 3(f) or 3(g) of this chapter. (b) A school resource officer is a member of the 1977 fund if the school resource officer: (1) meets the age limitation u…

Sec. 22. Nothing in this chapter limits the discretion of the system board to select an administrative law judge under IC 4-21.5-3-9. As added by P.L.311-1989, SEC.16. Amended by P.L.35-2012, SEC.140.

Sec. 23. (a) This section applies to a fund member who: (1) after June 30, 2009, receives a benefit based on a determination that the member has a Class 1 or Class 2 impairment, regardless of whether the determination was made before, on, or after June 30, 2009; and (2) before Ju…

Sec. 24. (a) A fund member may designate one (1) or more beneficiaries to receive in a lump sum the fund member's contributions plus interest at a rate determined by the system board if the fund member dies: (1) without receiving a retirement benefit under sections 10 and 11 of t…

Sec. 3. (a) If a town establishes a board of metropolitan police commissioners, or if a town becomes a city, the municipality shall participate in the 1977 fund and shall enroll all full-time police officers and firefighters in the 1977 fund. However, if a police officer or forme…