Title 36, LOCAL GOVERNMENT

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 …

Sec. 7. The local board shall appoint the actuarial, medical, clerical, legal, or other employees as are necessary, and fix or approve the compensation of each of them, which shall be paid by the treasurer. As added by Acts 1982, P.L.77, SEC.9.

Sec. 8. The 1953 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 any money, chose in action, personal property, real property, or use…

Sec. 9. The proper officers of the city shall do the following: (1) Deduct all sums that this chapter provides from the salaries of members of the police department and pay the sums to the local board in the manner that the local board specifies. (2) On the first day of each mont…

Sec. 1. This chapter applies to all townships. As added by P.L.157-1991, SEC.15.

Sec. 1.5. As used in this chapter, "park and recreation board" refers to a township park and recreation board established under section 5.5 of this chapter. As added by P.L.271-1993, SEC.3.

Sec. 10. If the park governor determines that the executive or any park employee should attend a state, regional, or national conference dealing with park and recreation problems, the park governor may authorize the payment of the actual expenses involved in attending the confere…

Sec. 11. (a) The park governor may appoint a superintendent of parks and recreation. The park governor may not consider political affiliation in the selection of the superintendent. (b) The superintendent must: (1) be qualified by training or experience in the field of parks and …

Sec. 12. Under the direction of the park governor, the superintendent of the township shall do the following: (1) Propose annually to the park governor a plan for the operation of the department. (2) Administer the plan as approved by the park governor. (3) Supervise the general …

Sec. 13. (a) If the park governor determines that the size of the department's operation requires assistants for the superintendent, the park governor may appoint, upon the recommendation of the superintendent, at least one (1) assistant. The park governor shall determine the ass…

Sec. 14. (a) Each officer and employee who handles money in the performance of duties under this chapter must execute an official bond for the term of office or employment before entering upon the duties of the office or employment. (b) The fiscal body of the township may under I…

Sec. 15. (a) The park governor may create an advisory council or special committees composed of citizens who are interested in parks and recreation. (b) In selecting an advisory council or a special committee, the park governor shall give consideration to the groups in the commun…

Sec. 16. (a) The park governor may accept gifts, donations, and subsidies for park and recreational purposes. However, a gift or transfer of property to the park governor may not be made without the approval of the park governor. (b) A gift or grant of money shall be deposited in…

Sec. 17. (a) The territory within the boundaries of the township comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this chapter. (b) The fiscal body of the township shall determine and provide th…

Sec. 18. (a) Upon the request of the executive, the fiscal body of the township may establish by resolution a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The fiscal body may include in the department's annual budge…

Sec. 19. (a) The fiscal body may establish a cumulative building fund under IC 6-1.1-41 to provide money for: (1) building, remodeling, and repair of park and recreation facilities; or (2) purchase of land for park and recreation purposes. (b) To provide for the cumulative buildi…

Sec. 2. As used in this chapter, "department" refers to a department of parks and recreation created under section 5 of this chapter. As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.4.

Sec. 20. (a) Park and recreation facilities and programs shall be made available to the public free of charge as far as possible. However, if it is necessary in order to provide a particular activity, the park governor may charge a reasonable fee. (b) The township fiscal body may…

Sec. 21. (a) This section applies only to: (1) the acquisition of real property; or (2) a work of improvement; that will be financed by the issuance of bonds. (b) If the executive or the fiscal body decides to: (1) acquire land for any of the purposes prescribed in this chapter, …

Sec. 22. (a) To raise money to pay for land to be acquired for any of the purposes named in this chapter or to pay for an improvement authorized by this chapter, and in anticipation of the special benefit tax to be levied as provided in this chapter, the legislative body shall is…

Sec. 23. (a) Before bonds may be issued under this chapter, the legislative body shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data. (b) The legislative body shall pub…