Indiana § 36-8-8-9 - Conversion from prior fund

§ 36-8-8-9. Conversion from prior fund

Sec. 9. (a) This section applies to all police officers and firefighters who converted their benefits under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981).

(b) A police officer or firefighter who converted the police officer's or firefighter's benefits from a 1925, 1937, or 1953 fund to the benefits and conditions of this chapter is not entitled to receive any benefits from the original fund. However, the police officer or firefighter is entitled to credit for all years of service for which the police officer or firefighter would have received credit before the police officer's or firefighter's conversion in that original fund.

(c) A police officer or firefighter who:

(1) converted the police officer's or firefighter's benefits from a 1925, 1937, or 1953 fund;

(2) retired or became disabled on or before June 30, 1998; and

(3) is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter;

shall be treated as a member of this fund for purposes of paying the police officer's or firefighter's benefits from the 1977 fund effective for benefits paid on or after October 1, 1998. Prior to October 1, 1998, the police officer or firefighter remains a member of the original fund entitled to receive only the benefits provided under this chapter based on the eligibility requirements of this chapter.

(d) A police officer or firefighter who:

(1) converted the police officer's or firefighter's benefits from a 1925, 1937 or 1953 fund;

(2) who did not retire or become disabled on or before June 30, 1998; and

(3) who is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter;

remains a member of that original fund but is entitled to receive only the benefits provided under this chapter and based on the eligibility requirements of this chapter.

(e) A police officer or firefighter who converted shall contribute six percent (6%) of the salary of a first class patrolman or firefighter to the 1925, 1937, or 1953 fund. This amount shall be deducted from the police officer's or firefighter's salary each pay period by the disbursing officer of the employer. Contributions under this subsection may not be refunded.

[Pre-Local Government Recodification Citations: 19-1-17.8-7 part; 19-1-36.5-7 part.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.134; P.L.22-1998, SEC.18; P.L.127-2017, SEC.260.