Bill Text: IN HB1194 | 2010 | Regular Session | Introduced
Bill Title: Public safety officer layoff and reinstatement.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1194 Detail]
Download: Indiana-2010-HB1194-Introduced.html
Citations Affected: IC 36-8.
Synopsis: Public safety officer layoff and reinstatement. Provides that
the reinstatement rights of a laid off member of a city police or fire
department, or a laid off member of a sheriff's department, terminates
five years (instead of three years) after the day on which the member's
layoff begins. Allows a member of the 1977 police officers' and
firefighters' pension and disability fund (1977 fund) who is laid off
(including a member who was laid off after May 31, 2008, and before
July 1, 2010, if, before October 1, 2010, the member repays to the 1977
fund all refunded contributions) to remain a 1977 fund member entitled
to receive certain disability or death benefits without the member or the
department that laid off the member paying contributions. Provides that
a member terminates membership in the 1977 fund on the earlier of:
(1) the date the member's reinstatement rights terminate; or (2) five
years after the date the member was laid off. Allows a member of the
sheriff's department who is laid off (including a member who was laid
off after May 31, 2008, and before July 1, 2010, if, before October 1,
2010, the member repays the net amount of the member's wages
contributed to and returned by the pension trust) to remain an employee
beneficiary of the department's pension trust and entitled to receive
certain disability or death benefits without the member or the
department that laid off the member paying contributions. Provides that
a member terminates membership in the pension trust of the
department that laid off the member on the earliest of: (1) the date the
member is hired or rehired by another sheriff's department or law
enforcement agency; (2) the date the member's reinstatement rights
terminate; or (3) five years after the date the member was laid off.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Labor and Employment.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
(b) If the department is increased in number again, the members of the department who have been laid off under this section shall be reinstated before any new member is appointed to the department. The reinstatements begin with the last member laid off.
(c) A member who is laid off shall keep the appointing authority advised of
specified in the notice. All reinstatement rights granted to a member
terminate upon his the member's failure to accept reinstatement within
that twenty (20) day period or three (3) five (5) years after the day on
which a member's layoff begins.
(1) a police officer; or
(2) a firefighter;
who is less than thirty-six (36) years of age and who passes the baseline statewide physical and mental examinations required under section 19 of this chapter shall be a member of the 1977 fund and is not a member of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977, who is hired or rehired after April 30, 1977, may receive credit under this chapter for service as a police officer or firefighter prior to entry into the 1977 fund if the employer who rehires the police officer or firefighter chooses to contribute to the 1977 fund the amount necessary to amortize the police officer's or firefighter's prior service liability over a period of not more than forty (40) years, the amount and the period to be determined by the PERF board. If the employer chooses to make the contributions, the police officer or firefighter is entitled to receive credit for the police officer's or firefighter's prior years of service without making contributions to the 1977 fund for that prior service. In no event may a police officer or firefighter receive credit for prior years of service if the police officer or firefighter is receiving a benefit or is entitled to receive a benefit in the future from any other public pension plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer or firefighter is entitled to credit for all years of service after April 30, 1977, with the police or fire department of an employer covered by this chapter.
(d) A police officer or firefighter with twenty (20) years of service does not become a member of the 1977 fund and is not covered by this chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1925,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit
for all the police officer's or firefighter's years of service, including
years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred twenty thousand (120,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1 or IC 36-3-1-6.1;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated fire
department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer
or firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the law
enforcement department or fire department of a consolidated city;
and
(3) after the consolidation, the police officer or firefighter
becomes an employee of the consolidated law enforcement
department or the consolidated fire department under
IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) A police officer or firefighter who is a member of the 1977 fund
under subsection (k) or (l) may not be:
(1) retired for purposes of section 10 of this chapter; or
(2) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation.
(b) Except as provided in section 7.2 or 8.2 of this chapter, if a fund member ends the fund member's employment other than by death or disability before the fund member completes twenty (20) years of active service, the PERF board shall return to the fund member in a lump sum the fund member's contributions plus interest as determined by the PERF board. If the fund member returns to service, the fund member is entitled to credit for the years of service for which the fund member's contributions were refunded if the fund member repays the amount refunded to the fund member in either a lump sum or a series of payments determined by the PERF board.
(1) after June 30, 2010, is laid off involuntarily by the member's department for financial reasons under IC 36-8-4-11 or another law; or
(2) after May 31, 2008, and before July 1, 2010:
(A) was laid off involuntarily by the member's department for financial reasons under IC 36-8-4-11 or another law;
and
(B) received a refund of the fund member's contributions
under section 8 of this chapter;
if the fund member, not later than October 1, 2010, repays the
amount of the contributions refunded to the fund member
either in a lump sum or a series of payments determined by
the PERF board.
(b) The following apply to a fund member described in
subsection (a) during the period of the fund member's layoff:
(1) The fund member shall remain a member of the 1977
fund.
(2) The fund member is not required to make contributions to
the 1977 fund under section 8 of this chapter during the
period the fund member is laid off.
(3) The department that laid off the fund member is not
required to make contributions for or on the fund member's
behalf under section 6 or 8 of this chapter during the period
the fund member is laid off.
(4) If the fund member suffers an impairment during the
period the fund member is laid off, the fund member may:
(A) apply to the department that laid off the fund member
for a determination as to whether the impairment is a
covered impairment under sections 12.3 through 13.1 of
this chapter; and
(B) if the fund member is determined to have a covered
impairment under sections 12.3 through 13.1 of this
chapter, receive a disability benefit under sections 13.3
through 13.5 of this chapter.
(5) If the fund member dies during the period the fund
member is laid off, the department that laid off the fund
member shall pay:
(A) the death benefit as described in section 16 of this
chapter; and
(B) if applicable, the survivor benefits as described in
section 13.8 of this chapter.
(6) The fund member may be hired or rehired by the
department that laid off the fund member or another
department that participates in the 1977 fund even though the
fund member is at least thirty-six (36) years of age, if the fund
member passes the physical and mental requirements
established under section 19 of this chapter and IC 36-8-3.2.
(7) The fund member ceases to be a member of the 1977 fund
on the earlier of the following:
(A) The date the fund member's reinstatement rights
terminate under IC 36-8-4-11 or another law (as
IC 36-8-4-11 or another law read on the date the fund
member's layoff began).
(B) The date five (5) years after the date on which the fund
member's layoff began, if the fund member has not been
hired or rehired in a position covered by the 1977 fund by:
(i) the department that laid off the fund member; or
(ii) another department that participates in the 1977
fund.
(b) If:
(1) an active fund member; or
(2) a laid off fund member during the period described in section 8.2 of this chapter;
has a covered impairment, as determined under sections 12.3 through 13.1 of this chapter, the member is entitled to receive the benefit prescribed by section 13.3 or 13.5 of this chapter. A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.
(c) If a retired fund member who has not yet reached the member's fifty-second birthday is found by the PERF board to be permanently or temporarily unable to perform all suitable work for which the member is or may be capable of becoming qualified, the member is entitled to receive during the disability the retirement benefit payments payable at fifty-two (52) years of age. During a reasonable period in which a fund member with a disability is becoming qualified for suitable work, the member may continue to receive disability benefit payments. However, benefits payable for disability under this subsection are reduced by amounts for which the fund member is eligible from:
(1) a plan or policy of insurance providing benefits for loss of time because of disability;
(2) a plan, fund, or other arrangement to which the fund member's employer has contributed or for which the fund member's employer has made payroll deductions, including a group life policy providing installment payments for disability, a group annuity contract, or a pension or retirement annuity plan other
than the fund established by this chapter;
(3) the federal Social Security Act (42 U.S.C. 401 et seq.), the
Railroad Retirement Act (45 U.S.C. 231 et seq.), the United States
Department of Veterans Affairs, or another federal, state, local, or
other governmental agency;
(4) worker's compensation payable under IC 22-3; and
(5) a salary or wage, including overtime and bonus pay and extra
or additional remuneration of any kind, the fund member receives
or is entitled to receive from the member's employer.
For the purposes of this subsection, a retired fund member is
considered eligible for benefits from subdivisions (1) through (5)
whether or not the member has made application for the benefits.
(d) Notwithstanding any other law, a plan, policy of insurance, fund,
or other arrangement:
(1) delivered, issued for delivery, amended, or renewed after
April 9, 1979; and
(2) described in subsection (c)(1) or (c)(2);
may not provide for a reduction or alteration of benefits as a result of
benefits for which a fund member may be eligible from the 1977 fund
under subsection (c).
(e) Time spent receiving disability benefits, not to exceed twenty
(20) years, is considered active service for the purpose of determining
retirement benefits. A fund member's retirement benefit shall be based
on:
(1) the member's years of active service; plus
(2) if applicable, the period, not to exceed twenty (20) years,
during which the member received disability benefits.
(f) A fund member who is receiving disability benefits:
(1) under section 13.3(d) of this chapter; or
(2) based on a determination under this chapter that the fund
member has a Class 3 impairment;
shall be transferred from disability to regular retirement status when the
member becomes fifty-five (55) years of age.
(g) A fund member who is receiving disability benefits:
(1) under section 13.3(c) of this chapter; or
(2) based on a determination under this chapter that the fund
member has a Class 1 or Class 2 impairment;
is entitled to receive a disability benefit for the remainder of the fund
member's life in the amount determined under the applicable sections
of this chapter.
[EFFECTIVE JULY 1, 2010]: Sec. 13.8. (a) This section applies to an
active, laid off, 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) Except as otherwise provided in this subsection, each of the
member's surviving children is entitled to a monthly benefit equal
to twenty percent (20%) of the fund member's monthly benefit:
(A) until the child becomes eighteen (18) years of age; or
(B) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least
eighteen (18) years of age is mentally or physically incapacitated,
is not a ward of the state, and is not receiving a benefit under
clause (B), the child is entitled to receive an amount each month
that is equal to the greater of thirty percent (30%) of the monthly
pay of a first class patrolman or first class firefighter or fifty-five
percent (55%) of the monthly benefit the deceased member was
receiving or was entitled to receive on the date of the member's
death as long as the mental or physical incapacity of the child
continues. Benefits paid for a child shall be paid to the surviving
parent as long as the child resides with and is supported by the
surviving parent. If the surviving parent dies, the benefits shall be
paid to the legal guardian of the child.
(2) The member's surviving spouse is entitled to a monthly benefit
equal to sixty percent (60%) of the fund member's monthly
benefit during the spouse's lifetime. If the spouse remarried before
September 1, 1983, and benefits ceased on the date of remarriage,
the benefits for the surviving spouse shall be reinstated on July 1,
1997, and continue during the life of the surviving spouse.
If a fund member dies while receiving retirement or disability benefits,
there is no surviving eligible child or spouse, and there is proof
satisfactory to the local board, subject to review in the manner
specified in section 13.1(c) of this chapter, that the parent was wholly
dependent on the fund member, the member's surviving parent is
entitled, or both surviving parents if qualified are entitled jointly, to
receive fifty percent (50%) of the fund member's monthly benefit
during the parent's or parents' lifetime.
(c) Except as otherwise provided in this subsection, if a fund
member dies while on active duty, while laid off during the period
described in section 8.2 of this chapter, or while retired and not
receiving benefits, the member's children and the member's spouse, or
the member's parent or parents are entitled to receive a monthly benefit
determined under subsection (b). If the fund member did not have at
least twenty (20) years of service or was not at least fifty-two (52) years
of age, the benefit is computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(b) If it is necessary for the appointing authority to reduce the number of members of the department by layoff for financial reasons, the last member appointed to the department must be the first to be laid off. Additional members must be laid off in reverse hiring order until the desired level of employment is achieved.
(c) If department membership is increased, the members of the department who have been laid off under this section must be reinstated before any new member is appointed to the department. The last member to be laid off from the department must be the first to be reinstated. Additional members must be reinstated in reverse of the order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority advised of the member's current address. The appointing authority shall inform a member of the member's reinstatement by written notice sent by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice of reinstatement is sent under subsection (d), the member must advise the appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified in the notice.
(f) All reinstatement rights granted to a member under this section terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the time specified in subsection (e); or
(2)
member who;
(1) after June 30, 2010, is laid off involuntarily by the
member's department for financial reasons under
IC 36-8-10-11.1 or another law; or
(2) after May 31, 2008, and before July 1, 2010:
(A) was laid off involuntarily by the member's department
for financial reasons under IC 36-8-10-11.1 or another
law; and
(B) received a payment under section 12(g) of this chapter;
if the fund member, not later than October 1, 2010, repays the
amount the member received under section 12(g) of this
chapter either in a lump sum or a series of payments
determined by the trustee.
(b) During the period of a layoff, the following apply to a
member who is laid off:
(1) The member shall remain an employee beneficiary of the
sheriff's pension trust established under section 12 of this
chapter by the department that laid off the member.
(2) The member is not required to make contributions to the
pension trust under section 12(c) and 12(d) of this chapter
during the period the member is laid off.
(3) The department that laid off the member is not required
to make contributions for or on the member's behalf under
section 12(c), 12(e), or 17 of this chapter during the period the
employee beneficiary is laid off.
(4) If the member suffers a disability during the period the
member is laid off, the member may:
(A) apply to the department that laid off the member for a
determination as to whether the disability is covered by the
disability benefit program established under section 15 of
this chapter; and
(B) if the member is determined to have a disability
covered by the disability benefit program established
under section 15 of this chapter, receive a disability benefit
as if the member were an active member of the
department.
(5) If the member dies during the period the member is laid
off, the department that laid off the member shall pay the
following as if the member were an active member of the
department at the time of the member's death:
(A) The death benefit as described in section 14 of this
chapter.
(B) If applicable, dependent pension benefits as described in section 16 of this chapter.
(6) The member may be hired or rehired by the department that laid off the member or another department even though the member has reached or surpassed the maximum hiring age at the time of the member's hire or rehire, if the member passes the physical and mental requirements established by the department that is hiring or rehiring the member. A member that is hired or rehired under this subdivision becomes or continues as an employee beneficiary of the sheriff's pension trust established under section 12 of this chapter by the department that hires or rehires the member, even if the member is at least the maximum age specified by the pension trust.
(7) The member ceases to be an employee beneficiary of the pension trust of the department that laid off the member on the earliest of the following:
(A) The date the member is hired or rehired by:
(i) another sheriff's department; or
(ii) a law enforcement agency other than a sheriff's department.
(B) The date the member's reinstatement rights terminate under IC 36-8-10-11.1 or another law (as IC 36-8-10-11.1 or another law read on the date the member's layoff began).
(C) The date five (5) years after the date on which the member's layoff began.