Bill Text: IN SB0549 | 2013 | Regular Session | Introduced
Bill Title: Marion County fire consolidation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Local Government [SB0549 Detail]
Download: Indiana-2013-SB0549-Introduced.html
Citations Affected: IC 6-1.1-18.5-22; IC 36-3-1; IC 36-8-8.
Synopsis: Marion County fire consolidation. Provides that on a date
set by the mayor of the consolidated city and not later than January 1,
2015, the fire departments of all of the following are consolidated into
the fire department of the consolidated city: (1) The townships in the
county having the consolidated city. (2) A fire protection territory in
the county having the consolidated city. Authorizes the consolidation
of an excluded city's fire department into the fire department of the
consolidated city if: (1) the legislative body of the excluded city, after
approval by the executive of the excluded city, adopts an ordinance
approving the consolidation; and (2) the legislative body of the
consolidated city adopts an ordinance, approved by the mayor of the
consolidated city, approving the consolidation. Specifies that the
consolidated fire department is a division of the department of public
safety. Provides that the maximum property tax levy of a consolidated
city for property taxes first due and payable in 2014 shall be increased
by an amount equal to the combined maximum property tax levies for
property taxes first due and payable in 2013 for fire protection and
related services of each entity that has a fire department consolidated
into the fire department of the consolidated city. Provides for a
corresponding decrease in the maximum property tax levies of these
consolidating entities. Provides that for three years after a consolidation
of a fire department, the consolidated city may levy a tax above the
maximum property tax levy for the fire special service district in each
township or excluded city that is necessary to phase out borrowing for
fire and emergency services.
Effective: Upon passage.
January 14, 2013, read first time and referred to Committee on Local Government.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) For purposes of this section:
(1) "consolidating entity" means:
(A) a township;
(B) a fire protection territory; or
(C) an excluded city;
whose fire department is consolidated into the fire department of a consolidated city under IC 36-3-1-6.1 or IC 36-3-1-6.4; and
(2) "maximum levy" means the maximum permissible ad valorem property tax levy under section 3 of this chapter.
(c) The maximum levy of a consolidated city for property taxes first due and payable in 2014 shall be increased by an amount equal to the combined maximum permissible ad valorem property tax levies of each consolidating entity described in subsection (b)(1)(A) or (b)(1)(B) for property taxes first due and payable in 2013 for fire protection and related services. The maximum levy of a consolidating entity described in subsection (b)(1)(A) or (b)(1)(B) for property taxes first due and payable in 2014 shall be decreased by an amount equal to the maximum permissible ad valorem property tax levy of the consolidating entity for property taxes first due and payable in 2013 for fire protection and related services.
(d) For not more than three (3) years after a consolidation under IC 36-3-1-6.1 or IC 36-3-1-6.4, the consolidated city may levy a tax above the maximum permissible ad valorem property tax levy for the fire special service district in each consolidating township or consolidating excluded city that is necessary to phase out the consolidating township's or the consolidating excluded city's borrowing for fire and emergency services.
(b) Each of the following fire departments
(1) The fire department of a township
(2) The fire department of any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).
To ensure an orderly transition, the mayor may order the consolidation of one (1) or more such fire departments into the consolidated fire department with each executive order. The mayor
shall, by certified mail, provide at least sixty (60) days notice of the
effective date of the consolidation to the trustee of the township
affected.
(b) (c) If the requirements of subsection (g) are satisfied, After
December 31, 2014, the consolidated fire department shall provide fire
protection services within an entity described in subsection (a)(1) or
(a)(2) in which the requirements of subsection (g) are satisfied on the
date agreed to in the resolution of the township legislative body and the
ordinance of the legislative body of the consolidated city. the county
(excluding any excluded city not consolidated under section 6.4 of
this chapter and any airport authority not consolidated under
IC 8-22-3-11.6).
(c) (d) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, All of the property, equipment,
records, and rights and contracts of the each department consolidated
into the consolidated fire department of the consolidated city are: is:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire station
may be transferred only on terms mutually agreed to by the legislative
body and mayor of the consolidated city and the trustee and legislative
body of the township in which that real property is located. Any funds
that are transferred under this subsection to the consolidated city
and that represent balances in a cumulative building and
equipment fund for fire protection and related services established
under IC 36-8-14 shall be deposited in the consolidated city's
cumulative building and equipment fund for fire protection and
related services and shall be used by the consolidated city for
funding land, buildings, and equipment for fire protection and
emergency medical services as provided under IC 36-8-14.
(d) (e) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, The employees Each
firefighter of the a fire department listed in subsection (b) that is
consolidated into the consolidated fire department of the consolidated
city cease ceases employment with the department of the entity listed
in subsection (a) (b) and, become employees if the firefighter meets
the minimum standards of the consolidated fire department,
becomes an employee of the consolidated fire department on the
effective date of the consolidation. The consolidated city shall assume
all agreements with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the
fire department of the consolidated city who become employees
of the consolidated fire department.
(e) (f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the Indebtedness related to fire
protection services incurred before the effective date of the
consolidation by the an entity whose fire department is consolidated
into the consolidated fire department under subsection (b), or a
building, holding, or leasing corporation on behalf of the entity, whose
fire department is consolidated into the consolidated fire department
under subsection (a) shall remain the debt of the entity and does not
become and may not be assumed by the consolidated city. Indebtedness
related to fire protection services that is incurred by the consolidated
city before the effective date of the consolidation shall remain the debt
of the consolidated city and property taxes levied to pay the debt may
only be levied by the fire special service district.
(f) (g) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, The merit board and the merit
system of the each fire department that is consolidated into the
consolidated fire department are dissolved on the effective date of
the consolidation, and the duties of the merit board are transferred to
and assumed by the merit board for the consolidated fire department on
the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5 and notice of the hearing
shall be published in accordance with IC 5-3-1. If the township
legislative body has adopted a resolution under this subsection, the
township legislative body shall, after approval from the township
trustee, forward the resolution to the legislative body of the
consolidated city. If such a resolution is forwarded to the legislative
body of the consolidated city and the legislative body of the
consolidated city adopts an ordinance, approved by the mayor of the
consolidated city, approving the consolidation of the fire department of
the township into the fire department of the consolidated city, the
requirements of this subsection are satisfied. The consolidation shall
take effect on the date agreed to by the township legislative body in its
resolution and by the legislative body of the consolidated city in its
ordinance approving the consolidation.
(h) The following apply if the requirements of subsection (g) are
satisfied: after a fire department listed in subsection (b) is
consolidated into the consolidated fire department:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) (1) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
consolidated fire department of a consolidated city under this
section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) (2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
consolidated fire department of a consolidated city under this
section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) (3) For property taxes first due and payable in the first
calendar year in which property taxes are first due and
payable based on the consolidation, is effective, the maximum
permissible ad valorem property tax levy under IC 6-1.1-18.5 for:
(A) is increased for the consolidated city; by an amount equal
to the maximum permissible ad valorem property tax levy in
the year preceding the year in which the consolidation is
effective for fire protection and related services by the
township whose fire department is consolidated into the fire
department of the consolidated city under this section; and
(B) is reduced for the township entity whose fire department
is consolidated into the fire department of the consolidated city
under this section; by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire
protection and related services for the township.
is determined under IC 6-1.1-18.5-22.
(5) (4) The amount levied in the year preceding the year in which
the consolidation is effective by the township whose fire
department is consolidated into the fire department of the
consolidated city for balance in the township's cumulative
building and equipment fund for fire protection and related
services of a township whose fire department is consolidated
into the consolidated fire department is transferred on the
effective date of the consolidation to the consolidated city's
cumulative building and equipment fund for fire protection and
related services, which is hereby established. The consolidated
city is exempted from the requirements of IC 36-8-14 and
IC 6-1.1-41 regarding establishment of the cumulative building
and equipment fund for fire protection and related services. as
provided in subsection (d).
(6) (5) The local boards for the 1937 firefighters' pension fund
and the 1977 police officers' and firefighters' pension and
disability fund of the township an entity whose fire department
is consolidated into the consolidated fire department are
dissolved, and their services are terminated not later than the
effective date of the consolidation. The duties performed by the
local boards under IC 36-8-7 and IC 36-8-8, respectively, are
assumed by the consolidated city's local board for the 1937
firefighters' pension fund and local board for the 1977 police
officers' and firefighters' pension and disability fund, respectively.
Notwithstanding any other provision, the legislative body of the
consolidated city may adopt an ordinance to adjust the
membership of the consolidated city's local board to reflect the
consolidation.
(7) (6) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit area served by the consolidated fire department to
provide for the payment of the expenses for the operation of the
consolidated fire department. However, property taxes to fund the
pension obligation under IC 36-8-7 for members of the 1937
firefighters fund who were employees of the consolidated city at
the time of the consolidation may be levied only by the fire
special service district within the fire special service district. The
fire special service district established under IC 36-3-1-6 may
levy property taxes to provide for the payment of expenses for the
operation of the consolidated fire department within the territory
of the fire special service district. Property taxes to fund the
pension obligation under IC 36-8-8 for members of the 1977
police officers' and firefighters' pension and disability fund who
were members of the fire department of the consolidated city on
the effective date of the consolidation may be levied only by the
fire special service district within the fire special service district.
Property taxes to fund the pension obligation for members of the
1937 firefighters fund who were not members of the fire
department of the consolidated city on the effective date of the
consolidation and members of the 1977 police officers' and
firefighters' pension and disability fund who were not members of
the fire department of the consolidated city on the effective date
of the consolidation may be levied by the consolidated city within
the city's maximum permissible ad valorem property tax levy.
However, these taxes may be levied only within the fire special
service district and any townships that have consolidated fire
departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the state budget
committee.
(7) The balance on the effective date of the consolidation in a
debt service fund of a township that relates to debt incurred
for firefighting purposes:
(A) is transferred to the consolidated city; and
(B) shall be used by the consolidated city to pay
indebtedness or other needs for which the fund was
established.
Any balance remaining in the fund after all payments
required under this section have been made is transferred to
the county general fund. The department of local government
finance shall determine the amounts to be transferred under
this subsection. IC 36-1-8-5 does not apply to a balance
referred to in this subsection.
(8) The balance on the effective date of the consolidation in a
township's firefighting fund:
(A) is transferred to the consolidated city; and
(B) shall be deposited in the fire general fund of the
consolidated city.
The department of local government finance shall determine
the amounts to be transferred under this subsection.
IC 36-1-8-5 does not apply to a balance referred to in this
subsection.
(9) The maximum permissible ad valorem property tax levy
of the township, the consolidated city, and the county shall be
adjusted under IC 6-1.1-18.5-22 to reflect the transfers under
this section.
(i) An entity listed in subsection (b)(1) or (b)(2) may not:
(1) hire a firefighter;
(2) promote a firefighter to a merit rank;
(3) increase the salary, benefits, or any other compensation
provided to a firefighter;
(4) convey, lease, sell, transfer, or otherwise impair the use of
real property that is subject to transfer to the consolidated
city under this section; or
(5) enter into a new lease or contract that would obligate
funds necessary for firefighting purposes;
without the approval, by ordinance, of the legislative body of the
consolidated city. Any such action taken by a trustee, township
board, or township employee is voidable by executive order of the
mayor.
of this chapter.
(b) This section does not prohibit the providing of emergency
ambulance services by contract or under an interlocal agreement
under IC 36-1-7.
(b) The legislative body of an excluded city, after approval by the executive (as defined in IC 36-1-2-5) of the excluded city, may adopt an ordinance approving the consolidation of the excluded city's fire department with the fire department of the consolidated city (referred to in this section as "the consolidated fire department"). If the legislative body of the excluded city adopts an ordinance under this subsection, the legislative body shall forward the ordinance to the clerk of the legislative body of the consolidated city. If the legislative body of the consolidated city adopts the ordinance approving the consolidation of the fire department of the excluded city into the consolidated fire department and the ordinance is approved by the mayor of the consolidated city, the requirements of this subsection are satisfied.
(c) The following apply if the requirements of subsection (b) are satisfied:
(1) The fire department of the excluded city is consolidated into the consolidated fire department. The consolidation takes effect on the date agreed to by the legislative body of the excluded city in its ordinance and by the legislative body of the consolidated city in its ordinance approving the consolidation.
(2) The consolidated fire department shall provide fire protection services within the excluded city on the date agreed to in the ordinance of the legislative body of the excluded city and the ordinance of the legislative body of the consolidated city.
(3) All property, equipment, records, and rights of the fire department of the excluded city are:
(A) transferred to; or
(B) assumed by;
the consolidated city on the effective date of the consolidation. However, real property other than real property used as a fire station may be transferred only on terms mutually agreed to by the legislative body and mayor of the consolidated city and
the executive and legislative body of the excluded city in which
the real property is located.
(4) Each firefighter of the fire department of the excluded city
ceases employment with the fire department of the excluded
city and, if the firefighter meets the minimum standards of the
consolidated fire department, becomes an employee of the
consolidated fire department on the effective date of the
consolidation.
(5) The indebtedness of the fire department of the excluded
city related to fire protection services incurred before the
effective date of the consolidation by the entity or a building,
holding, or leasing corporation on behalf of the fire
department of the excluded city remains the debt of the entity
and is not and may not be assumed by the consolidated city.
Indebtedness related to fire protection services incurred by
the consolidated city before the effective date of the
consolidation remains the debt of the consolidated city, and
property taxes levied to pay the debt may be levied only by the
fire special service district.
(6) The merit board and the merit system of the fire
department of the excluded city are dissolved on the effective
date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the
consolidated fire department on the effective date of the
consolidation.
(7) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of
the consolidated fire department under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21.
The firefighter is entitled to receive credit for any service as
a member of the 1977 fund before the consolidation to
determine the firefighter's eligibility for benefits under
IC 36-8-8.
(8) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of
the consolidated fire department under this section;
remains a member of the 1937 fund. The firefighter is entitled
to receive credit for any service as a member of the 1937 fund
before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-7.
(9) The maximum permissible ad valorem property tax levy
under IC 6-1.1-18.5 of the consolidated city for property taxes
first due and payable in the year the consolidation is effective
shall be increased by an amount equal to the amount
appropriated from the general fund of the excluded city for
fire protection and related services in the year preceding the
year in which the consolidation is effective. The maximum
permissible ad valorem property tax levy under IC 6-1.1-18.5
of the excluded city for property taxes first due and payable
in the year the consolidation is effective shall be decreased by
the same amount.
(10) The amount levied in the year preceding the year in
which the consolidation is effective by the excluded city whose
fire department is consolidated into the consolidated fire
department for the excluded city's cumulative building and
equipment fund for fire protection and related services is
transferred on the effective date of the consolidation to the
consolidated city's cumulative building and equipment fund
for fire protection and related services, which is hereby
established. The consolidated city is exempted from the
requirements of IC 6-1.1-41 and IC 36-8-14 regarding
establishment of the cumulative building and equipment fund
for fire protection and related services.
(11) The local boards for the 1937 firefighters' pension fund
and the 1977 police officers' and firefighters' pension and
disability fund of the excluded city are dissolved, and their
services are terminated not later than the effective date of the
consolidation. The duties performed by the local boards under
IC 36-8-7 and IC 36-8-8 are assumed by the consolidated
city's local board for the 1937 firefighters' pension fund and
local board for the 1977 police officers' and firefighters'
pension and disability fund, respectively. Notwithstanding any
other law, the legislative body of the consolidated city may
adopt an ordinance to adjust the membership of the
consolidated city's local board to reflect the consolidation.
(d) The fire special service district shall be expanded to include
any area of an excluded city that is served by the consolidated fire
department.
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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) Except as provided in subdivision (3), for a unit that
established a 1937 fund for its firefighters, the local board
described in IC 36-8-7-3.
(3) For a unit that established a 1937 fund for its firefighters
and consolidates its fire department into the consolidated fire
department under IC 36-3-1-6.1 or IC 36-3-1-6.4:
(A) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(B) on and after the effective date of the consolidation, the
local board described in IC 36-8-7-3 of the consolidated
city.
(3) (4) For a consolidated city that established a 1953 fund for its
police officers, the local board described in IC 36-8-7.5-2.
(4) (5) For a unit, other than a consolidated city, that did not
establish a 1925 fund for its police officers or a 1937 fund for its
firefighters, the local board described in subsection (b) or (c).
(b) If a unit did not establish a 1925 fund for its police officers, a
local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(c) Except as provided in subsection (d), if a unit did not establish
a 1937 fund for its firefighters, a local board shall be composed in the
same manner described in IC 36-8-7-3(b). However, if there is not a
retired member of the department, no one shall be appointed to that
position until such time as there is a retired member.
(d) If a unit located in a county having a consolidated city did
not establish a 1937 fund for its firefighters and consolidates its fire
department into the consolidated fire department under
IC 36-3-1-6.1 or IC 36-3-1-6.4, the local board is:
(1) before the effective date of the consolidation, the local
board described in subsection (c); and
(2) on and after the effective date of the consolidation, the
local board described in IC 36-8-7-3 of the consolidated city.
(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 system 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 ten thousand 110,000 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,
(2) whose employer is consolidated into the consolidated law enforcement department under IC 36-3-1-5.1 or the consolidated fire department
(3) who, after the consolidation, becomes an employee of the consolidated law enforcement department under IC 36-3-1-5.1 or the consolidated fire department under
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 consolidated law enforcement department under IC 36-3-1-5.1 or the consolidated fire department
(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):
(1) may not be:
solely because of a change in employer under the consolidation; and
(2) shall receive credit for all years of service as a member of the 1977 fund before the consolidation described in subsection (k) or (l).
