Indiana § 36-8-5-10 - Credit for time spent on leave

Full text of Indiana Indiana Code § 36-8-5-10 — Credit for time spent on leave, with citation guidance and answers to common questions.

§ 36-8-5-10. Credit for time spent on leave

Sec. 10. (a) Except as provided in subsection (b) or (c), a member on leave under either section 2 or section 3 of this chapter is entitled to be credited with time spent in full-time employment for all purposes, including retirement and pension benefits.

(b) A member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who is granted an unpaid leave of absence under the Family Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) shall be credited with time spent on leave for the purposes of benefit eligibility and vesting to the extent required by the Family Medical Leave Act. The member shall not receive credit for purposes of accruing additional benefits, except to the extent required by the Family Medical Leave Act.

(c) This subsection applies to a member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who is granted a leave of absence for service in an elected office under section 2 of this chapter. In order to receive service credit in the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund for the period of the leave of absence, the member must pay to the applicable fund for or during the leave the assessment or contribution that the member would have paid during the period of the leave had the member not been on the leave during that time. The member's employer may pay all or a part of the assessment or contribution for the member.

[Pre-Local Government Recodification Citations: 19-1-4-1 part; 19-1-6.5-5 part.]

As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.213-1995, SEC.5; P.L.130-2008, SEC.3.

IC 36-8-6Chapter 6. 1925 Police Pension Fund

36-8-6-0.1Application of certain amendments to chapter 36-8-6-1Application of chapter 36-8-6-1.5Qualification of 1925 fund under Internal Revenue Code; benefit limitations 36-8-6-1.7"Americans with Disabilities Act" 36-8-6-1.9Administration of fund 36-8-6-2Creation of fund; management by board of trustees; selection and compensation of trustees 36-8-6-3Board of trustees; officers; duties 36-8-6-4Derivation of funds; salary assessments 36-8-6-5Insufficient funds; payment of deficiency by municipality; tax levy 36-8-6-5.5Use of certain amounts in 1925 fund 36-8-6-6Investment of funds 36-8-6-7Repealed 36-8-6-8Disability retirement; benefits; procedure for determination of disability and reinstatement; period of disability credited 36-8-6-8.1Determination whether disability in line of duty 36-8-6-9Retirement benefits 36-8-6-9.5Reemployment after retirement 36-8-6-9.6Members dying other than in line of duty; monthly benefit 36-8-6-9.7Members dying in line of duty before September 1, 1982; monthly benefit for surviving spouse, children, or parents 36-8-6-9.8Funeral benefits 36-8-6-9.9Repealed 36-8-6-10Repealed 36-8-6-10.1Members dying in line of duty after August 31, 1982; monthly benefit for surviving spouse, children, or parents 36-8-6-11Members dismissed after 20 years' service; benefits 36-8-6-12Reduction of benefits after first payment 36-8-6-13Disability retirees; orders, discipline, and duties; examination by police surgeon; transcripts, reports, records, and other material 36-8-6-14Priority of claims on insufficient funds; procedure for making pension payments; exemption of payments from judicial process; reimbursement of employers; withholding payments 36-8-6-15Ineligibility of certain employees for pension plan 36-8-6-16Eligibility of persons employed when fund established 36-8-6-17Discontinuance or reduction of benefits; failure to comply with requirements of local board; failure to report 36-8-6-18Pension funds governed by other laws 36-8-6-19Items excluded when computing benefits; liability for overpayment 36-8-6-20Special lump sum death benefit in addition to other benefits 36-8-6-21Rollover to eligible retirement plan

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 36-8-5-10

What does Indiana Code § 36-8-5-10 cover?

Section 36-8-5-10 ("Credit for time spent on leave") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 36-8-5-10?

A common citation format is "Indiana Code § 36-8-5-10" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 36-8-5-10 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.