Introduced Version
HOUSE BILL No. 1104
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-21-1; IC 20-34-3; IC 36-8-8.
Synopsis: School safety. Provides that a school safety plan developed
by a school corporation or charter school must establish an armed
intruder drill protocol. Requires safe school committees to develop a
policy that considers the effect of armed intruder drills on the safety
and mental health of students, faculty, and staff. Prohibits an armed
intruder drill that includes sensory components or activities from: (1)
requiring student participation; or (2) taking place during regular
school hours if a majority of the student body is present on school
property. Allows a school corporation or charter school that: (1)
employs a school resource officer; or (2) enters into a contract or a
memorandum of understanding with a local law enforcement agency,
private entity, or nonprofit corporation to employ a school resource
officer; to participate in the 1977 fund. Provides that a school resource
officer hired or rehired after June 30, 2024, who is a member of the
1977 fund shall remain in the 1977 fund. Provides that a school
resource officer may become a member of the 1977 fund without
meeting the age limitation if the school resource officer meets certain
training requirements. Makes corresponding changes.
Effective: July 1, 2024.
Davis
January 8, 2024, read first time and referred to Committee on Education.
2024 IN 1104—LS 6812/DI 143 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1104
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-21-1-10, AS ADDED BY P.L.150-2023,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 10. (a) A school corporation shall develop a
4 school safety plan in accordance with subsection (c) for review as
5 described in section 11 of this chapter.
6 (b) Each charter school shall develop a school safety plan in
7 accordance with subsection (c) for review as described in section 11 of
8 this chapter. A charter school in operation on July 1, 2023, shall
9 comply with this subsection on or before July 1, 2024.
10 (c) The school safety plan:
11 (1) must be developed by a school safety specialist and the
12 school's safe school committee, including a school resource
13 officer if one (1) is employed by the school corporation or charter
14 school, in consultation with the:
15 (A) law enforcement agency; and
16 (B) fire department;
17 that have jurisdiction over the particular school building;
2024 IN 1104—LS 6812/DI 143 2
1 (2) must:
2 (A) protect against outside and internal threats to the physical
3 safety of students, faculty, staff, and the public, including
4 unsafe conditions, crime prevention, school violence, bullying
5 and cyberbullying, criminal organization activity, child abuse
6 and child sexual abuse, mental health and behavioral health,
7 suicide awareness and prevention, violence prevention and
8 training, situational awareness, and other issues that prevent
9 the maintenance of a safe school;
10 (B) prevent unauthorized access to school property and
11 interior areas or rooms, including the management of
12 authorized visitors on school property, before, during, and
13 after regular school hours;
14 (C) secure schools against natural and manmade disasters,
15 including all emergency preparedness drill requirements set
16 forth in IC 20-34-3-20;
17 (D) establish an armed intruder drill protocol that:
18 (i) provides accommodations for students who have
19 mobility restrictions, sensory needs, or auditory or visual
20 limitations;
21 (ii) emphasizes the practical nature of the drill;
22 (iii) provides access to mental health services on school
23 grounds following the conclusion of a drill;
24 (iv) provides advance notice of a drill to parents or legal
25 guardians of students who attend the school; and
26 (v) provides alternative exercises for students who are
27 unable to participate in a drill;
28 (D) (E) include a site vulnerability assessment for each school
29 building;
30 (E) (F) not later than July 1, 2025, include the establishment
31 of a multi-disciplinary threat assessment team;
32 (F) (G) include measures to expedite notification of first
33 responders and access to school property for first responders;
34 and
35 (G) (H) include any additional requirements required by the
36 Indiana state board of education;
37 (3) must be provided to a member of the board if a member
38 requests the school safety plan;
39 (4) must be available for inspection by the department of
40 education's division of school building physical security and
41 safety (as established by IC 20-19-3-14);
42 (5) must be provided to the law enforcement agency and the fire
2024 IN 1104—LS 6812/DI 143 3
1 department that have jurisdiction over the school corporation or
2 charter school;
3 (6) must include an attestation that:
4 (A) a copy of the floor plans for each building located on the
5 school's property were provided to the law enforcement agency
6 and the fire department that have jurisdiction over the school
7 corporation or charter school that clearly indicates each
8 entrance and exit, the interior rooms and hallways, and the
9 location of any hazardous materials located in the building; or
10 (B) the school corporation or charter school has conducted
11 critical incidence digital mapping for each school building
12 within the school corporation or the buildings that are operated
13 by a charter school, including providing the critical incidence
14 digital mapping information to:
15 (i) the law enforcement agency and fire department that
16 have jurisdiction over the mapped school buildings; and
17 (ii) the statewide 911 system described in IC 36-8-16.7-22
18 through the public safety answer point, or "PSAP",
19 described in IC 36-8-16.7-20 that has jurisdiction over the
20 mapped school buildings; and
21 (7) must be filed with the county school safety commission under
22 section 12 of this chapter having jurisdiction over the school
23 corporation or charter school.
24 (d) For purposes of IC 5-14-3, the entities specified in subsection (c)
25 that receive information under this section shall keep the information
26 compiled and retained under this section confidential and shall
27 withhold the information from public disclosure.
28 SECTION 2. IC 10-21-1-14, AS ADDED BY P.L.150-2023,
29 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 14. (a) Each school operated by a school
31 corporation shall establish a safe school committee. The committee
32 may be a subcommittee of the committee that develops the strategic
33 and continuous school improvement and achievement plan under
34 IC 20-31-5. Each committee may include at least one (1) member who
35 is a member of the support staff of the school or school corporation
36 career and technical education school.
37 (b) Each school operated by a charter school shall establish a safe
38 school committee. A charter school in operation on July 1, 2023, shall
39 comply with this subsection not later than July 1, 2024.
40 (c) The safe school committee shall actively participate in and assist
41 with the development of the school safety plan.
42 (d) The department of education, the school corporation's or charter
2024 IN 1104—LS 6812/DI 143 4
1 school's school safety specialist or specialists, and a school resource
2 officer, if one (1) is employed by the school corporation or charter
3 school, shall provide materials and guidelines to assist a safe school
4 committee in developing a policy for a particular school that addresses
5 the following issues:
6 (1) Implementation of the school safety plan.
7 (2) Addressing outside and internal threats to the physical safety
8 of students, faculty, staff, and the public, including unsafe
9 conditions, crime prevention, school violence, bullying and
10 cyberbullying, criminal organization activity, child abuse and
11 child sexual abuse, mental health and behavioral health, suicide
12 awareness and prevention, violence prevention and training,
13 situational awareness, and other issues that prevent the
14 maintenance of a safe school.
15 (3) Addressing the professional development needs for faculty
16 and staff to implement methods that decrease problems identified
17 under subdivision (2).
18 (4) Identifying and implementing methods to encourage:
19 (A) involvement by the community, families, and students;
20 (B) development of relationships between students and school
21 faculty and staff; and
22 (C) use of problem solving teams.
23 (5) Consideration of the effect of armed intruder drills on the
24 safety and mental health of students, faculty, and staff.
25 (e) The guidelines developed under subsection (d) must include age
26 appropriate, research trauma informed, evidence based information
27 (as defined in 34 U.S.C. 10554(4)) that assists school corporations or
28 charter schools and safe school committees in:
29 (1) developing and implementing bullying and cyberbullying
30 prevention programs;
31 (2) establishing investigation and reporting procedures related to
32 bullying and cyberbullying; and
33 (3) adopting discipline rules that comply with IC 20-33-8-13.5.
34 (f) In addition to developing guidelines under subsection (d), the
35 department of education shall establish categories of types of bullying
36 incidents to allow school corporations to use the categories in making
37 reports under IC 20-20-8-8 and IC 20-34-6-1.
38 (g) The materials and guidelines provided under subsection (d) must
39 include the model educational materials and model response policies
40 and reporting procedures on child abuse and child sexual abuse
41 developed or identified under IC 20-19-3-11.
42 SECTION 3. IC 20-34-3-20, AS AMENDED BY P.L.150-2023,
2024 IN 1104—LS 6812/DI 143 5
1 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 20. (a) The governing body of a school
3 corporation and an organizer of a charter school shall require each
4 school in the governing body's jurisdiction or organizer's responsibility
5 to conduct periodic emergency preparedness drills during the school
6 year in compliance with rules adopted under IC 4-22-2 by the state
7 board.
8 (b) Each school and attendance center shall conduct at least:
9 (1) one (1) tornado preparedness drill; and
10 (2) one (1) manmade occurrence disaster drill;
11 during each semester.
12 (c) At least one (1) manmade occurrence disaster drill required
13 under subsection (b) must be an active shooter armed intruder drill
14 and must be conducted in conformity with the requirements of
15 section 27 of this chapter and within ninety (90) calendar days after
16 the beginning of the school year.
17 (d) Each:
18 (1) state accredited nonpublic school; and
19 (2) charter school;
20 must conduct at least one (1) active shooter armed intruder drill in
21 conformity with the requirements of section 27 of this chapter
22 during each school year.
23 (e) Notwithstanding rules established by the state fire marshal under
24 IC 12-17-12-19, a drill conducted under subsection (b) may be
25 conducted instead of a periodic or monthly fire evacuation drill
26 requirement established by the state fire marshal. However, a drill
27 conducted under subsection (b) may not be made:
28 (1) instead of more than two (2) periodic or monthly fire
29 evacuation drills in a particular school semester; and
30 (2) in two (2) consecutive months.
31 (f) The governing body of a school corporation or an organizer of a
32 charter school may direct schools to conduct emergency preparedness
33 drills in addition to those required under subsection (b).
34 (g) The governing body of a school corporation or organizer of a
35 charter school shall require each principal to file a certified statement
36 that all drills have been conducted as required under this section.
37 SECTION 4. IC 20-34-3-27 IS ADDED TO THE INDIANA CODE
38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
39 1, 2024]: Sec. 27. (a) As used in this section, "sensory components
40 or activities" refers to aspects of an armed intruder drill intended
41 to simulate a real armed intruder scenario that include:
42 (1) simulations of gunfire;
2024 IN 1104—LS 6812/DI 143 6
1 (2) simulations of gunshot wounds or other injuries;
2 (3) the use of a prop firearm;
3 (4) the use of a pellet gun; or
4 (5) participation in the drill by law enforcement personnel
5 with drawn firearms.
6 (b) An armed intruder drill conducted under section 20 of this
7 chapter that includes sensory components or activities may not:
8 (1) require student participation; or
9 (2) take place during regular school hours if a majority of the
10 student body is present on school property.
11 SECTION 5. IC 36-8-8-1, AS AMENDED BY P.L.102-2023,
12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 1. This chapter applies to:
14 (1) full-time police officers hired or rehired after April 30, 1977,
15 in all municipalities, or who converted their benefits under
16 IC 19-1-17.8-7 (repealed September 1, 1981);
17 (2) full-time fully paid firefighters hired or rehired after April 30,
18 1977, or who converted their benefits under IC 19-1-36.5-7
19 (repealed September 1, 1981);
20 (3) a police matron hired or rehired after April 30, 1977, and
21 before July 1, 1996, who is a member of a police department in a
22 second or third class city on March 31, 1996;
23 (4) a park ranger who:
24 (A) completed at least the number of weeks of training at the
25 Indiana law enforcement academy or a comparable law
26 enforcement academy in another state that were required at the
27 time the park ranger attended the Indiana law enforcement
28 academy or the law enforcement academy in another state;
29 (B) graduated from the Indiana law enforcement academy or
30 a comparable law enforcement academy in another state; and
31 (C) is employed by the parks department of a city having a
32 population of more than one hundred ten thousand (110,000)
33 and less than one hundred fifty thousand (150,000);
34 (5) a full-time fully paid firefighter who is covered by this chapter
35 before the effective date of consolidation and becomes a member
36 of the fire department of a consolidated city under IC 36-3-1-6.1,
37 provided that the firefighter's service as a member of the fire
38 department of a consolidated city is considered active service
39 under this chapter;
40 (6) except as otherwise provided, a full-time fully paid firefighter
41 who is hired or rehired after the effective date of the consolidation
42 by a consolidated fire department established under
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1 IC 36-3-1-6.1;
2 (7) a full-time police officer who is covered by this chapter before
3 the effective date of consolidation and becomes a member of the
4 consolidated law enforcement department as part of the
5 consolidation under IC 36-3-1-5.1, provided that the officer's
6 service as a member of the consolidated law enforcement
7 department is considered active service under this chapter;
8 (8) except as otherwise provided, a full-time police officer who is
9 hired or rehired after the effective date of the consolidation by a
10 consolidated law enforcement department established under
11 IC 36-3-1-5.1;
12 (9) a veteran described in IC 36-8-4.7; and
13 (10) a full-time police officer or full-time fully paid firefighter
14 who is employed by an airport authority; and
15 (11) a full-time school resource officer;
16 except as provided by section 7 of this chapter.
17 SECTION 6. IC 36-8-8-2, AS AMENDED BY P.L.102-2023,
18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 2. As used in this chapter, "employer" means:
20 (1) a municipality that established a 1925 or 1953 fund or that
21 participates in the 1977 fund under section 3 or 18 of this chapter;
22 (2) a unit that established a 1937 fund or that participates in the
23 1977 fund under section 3 or 18 of this chapter;
24 (3) a consolidated city that consolidated the fire departments of
25 units that:
26 (A) established a 1937 fund; or
27 (B) participated in the 1977 fund;
28 before the units' consolidation into the fire department of a
29 consolidated city established by IC 36-3-1-6.1;
30 (4) a consolidated city that establishes a consolidated law
31 enforcement department under IC 36-3-1-5.1; or
32 (5) an airport authority that participates in the 1977 fund under
33 section 3 of this chapter; or
34 (6) a school corporation or charter school that participates in
35 the 1977 fund under section 3 of this chapter.
36 SECTION 7. IC 36-8-8-2.1, AS AMENDED BY P.L.102-2023,
37 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 2.1. (a) As used in this chapter, "local board"
39 means the following:
40 (1) For a unit that established a 1925 fund for its police officers,
41 the local board described in IC 36-8-6-2.
42 (2) For a unit that established a 1937 fund for its firefighters, the
2024 IN 1104—LS 6812/DI 143 8
1 local board described in IC 36-8-7-3.
2 (3) For a consolidated city that established a 1953 fund for its
3 police officers, the local board described in IC 36-8-7.5-2.
4 (4) For a unit, other than a consolidated city, that did not establish
5 a 1925 fund for its police officers or a 1937 fund for its
6 firefighters, the local board described in subsection (b) or (c).
7 (5) For an airport authority, the board of an airport authority.
8 (6) For a school resource officer, the governing body of a
9 school corporation or the equivalent authority for a charter
10 school.
11 (b) If a unit did not establish a 1925 fund for its police officers, a
12 local board shall be composed in the same manner described in
13 IC 36-8-6-2(b). However, if there is not a retired member of the
14 department, no one shall be appointed to that position until such time
15 as there is a retired member.
16 (c) If a unit did not establish a 1937 fund for its firefighters, a local
17 board shall be composed in the same manner described in
18 IC 36-8-7-3(b). However, if there is not a retired member of the
19 department, no one shall be appointed to that position until such time
20 as there is a retired member.
21 SECTION 8. IC 36-8-8-2.2 IS ADDED TO THE INDIANA CODE
22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
23 1, 2024]: Sec. 2.2. As used in this chapter, "school resource officer"
24 has the meaning set forth in IC 20-26-18.2-1.
25 SECTION 9. IC 36-8-8-3, AS AMENDED BY P.L.102-2023,
26 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 3. (a) If a town establishes a board of metropolitan
28 police commissioners, or if a town becomes a city, the municipality
29 shall participate in the 1977 fund and shall enroll all full-time police
30 officers and firefighters in the 1977 fund. However, if a police officer
31 or former marshal is a member of the public employees' retirement
32 fund, the police officer or former marshal may continue as a member
33 of that fund instead of the 1977 fund. Notwithstanding the age
34 requirements under section 7(a) of this chapter, a police officer or
35 former marshal employed by a municipality at the time the
36 municipality enters the 1977 fund under this section shall be a member
37 of the 1977 fund unless the police officer or former marshal elects to
38 continue as a member of the public employees' retirement fund. A
39 person may become a member of the 1977 fund under this subsection
40 without meeting the age limitation under section 7(a) of this chapter
41 only if the person satisfies:
42 (1) any aptitude, physical agility, or physical and mental standards
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1 established by a local board under IC 36-8-3.2; and
2 (2) the minimum standards that are:
3 (A) adopted by the system board under section 19 of this
4 chapter; and
5 (B) in effect on the date the person becomes a member of the
6 1977 fund.
7 Credit for prior service of a person who becomes a member of the 1977
8 fund under this subsection shall be determined under section 18 or 18.1
9 of this chapter. No service credit beyond that allowed under section 18
10 or 18.1 of this chapter may be recognized under the 1977 fund.
11 (b) If a unit did not establish a 1937 fund for its firefighters, the unit
12 may participate in the public employees' retirement fund or it may
13 participate in the 1977 fund. If a unit established a 1937 fund for its
14 firefighters, the unit is and shall remain a participant in the 1977 fund.
15 (c) A unit that:
16 (1) has not established a pension fund for its firefighters; or
17 (2) is participating in the public employees' retirement fund under
18 subsection (b);
19 may participate in the 1977 fund upon approval by the fiscal body,
20 notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
21 under this subsection must comply with section 21 of this chapter.
22 However, if a police officer or firefighter is a member of the public
23 employees' retirement fund, the police officer or firefighter may
24 continue as a member of that fund instead of the 1977 fund.
25 (d) If a unit that participates in the 1977 fund provides longevity
26 increases, the amount of the longevity increase provided in a year must
27 be greater than or equal to the amount of the longevity increase
28 provided in the previous year.
29 (e) An airport authority may participate in the 1977 fund. An airport
30 authority that participates in the 1977 fund under this subsection must
31 comply with section 21 of this chapter. However, if a police officer or
32 firefighter is a member of the public employees' retirement fund, the
33 police officer or firefighter may continue as a member of that fund
34 instead of the 1977 fund.
35 (f) A school corporation or charter school that:
36 (1) employs a school resource officer; or
37 (2) enters into a contract or memorandum of understanding
38 with a:
39 (A) local law enforcement agency;
40 (B) private entity; or
41 (C) nonprofit corporation;
42 to employ a school resource officer;
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1 may participate in the 1977 fund. A school corporation or charter
2 school that participates in the 1977 fund under this subsection or
3 subsection (g) must comply with section 21.5 of this chapter.
4 However, if a school resource officer is a member of the public
5 employees' retirement fund, the school resource officer may
6 continue as a member of that fund instead of the 1977 fund.
7 (g) A school resource officer hired or rehired after June 30,
8 2024, who is a member of the 1977 fund shall remain in the 1977
9 fund.
10 SECTION 10. IC 36-8-8-18, AS AMENDED BY P.L.170-2023,
11 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 18. (a) Except as provided in subsection (b), if a
13 unit, or an airport authority, a school corporation, or a charter school
14 becomes a participant in the 1977 fund, credit for prior service by
15 police officers (including prior service as a full-time, fully paid town
16 marshal, full-time, fully paid deputy town marshal, full-time, fully paid
17 conservancy district marshal, or full-time, fully paid deputy
18 conservancy district marshal by a police officer employed by a
19 metropolitan board of police commissioners), or by firefighters, or by
20 school resource officers before the date of participation may be given
21 by the system board only if:
22 (1) the amount necessary to fund the police officer's, or
23 firefighter's, or school resource officer's prior service liability is
24 contributed to the 1977 fund under an agreement that specifies
25 how much the unit, or the airport authority, school corporation,
26 or charter school is to contribute, if any, and how much the
27 police officer, or firefighter, or school resource officer is to
28 contribute, if any; and
29 (2) the amount that the police officers, or firefighters, or school
30 resource officers would have contributed if they had been
31 members of the 1977 fund during their prior service is paid to the
32 1977 fund under an agreement that specifies how much the unit,
33 or the airport authority, school corporation, or charter school is
34 to contribute, if any, and how much the police officer, or
35 firefighter, or school resource officer is to contribute, if any.
36 If the requirements of subdivisions (1) and (2) are not met, a fund
37 member is entitled to credit only for years of service after the date of
38 participation. Contributions under subdivisions (1) and (2) must be
39 paid in a lump sum or in installments over a period of not more than
40 thirty (30) years, the amount and period to be determined by the system
41 board. The periods determined by the system board under subdivisions
42 (1) and (2) for any installment payments may differ between the unit,
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1 or the airport authority, the school corporation, or the charter school
2 and the police officers, or firefighters, or school resource officers and
3 between subdivisions (1) and (2).
4 (b) If a unit becomes a participant in the 1977 fund under section
5 3(c) of this chapter, if an airport authority becomes a participant in the
6 1977 fund under section 3(e) of this chapter, if a school corporation
7 or charter school becomes a member of the 1977 fund under
8 section 3(f) of this chapter, or if a firefighter becomes a member of
9 the 1977 fund under section 7(g) of this chapter, credit for prior service
10 before the date of participation or membership shall be given by the
11 system board as follows:
12 (1) For a member who will accrue twenty (20) years of service
13 credit in the 1977 fund by the time the member reaches the
14 earliest retirement age under the fund at the time of the member's
15 date of participation in the 1977 fund and who participated in
16 PERF as a police officer, a firefighter, or an emergency medical
17 technician, or a school resource officer, the member will be
18 given credit in the 1977 fund for one-third (1/3) of the member's
19 years of participation in PERF as a police officer, a firefighter, or
20 an emergency medical technician, or a school resource officer.
21 (2) For a member who will accrue twenty (20) years of service
22 credit in the 1977 fund by the time the member reaches the
23 earliest retirement age under the fund at the time of the member's
24 date of participation in the 1977 fund and who did not participate
25 in a pension plan as a police officer, a firefighter, or an emergency
26 medical technician, or a school resource officer, the member
27 will be given credit in the 1977 fund for one-third (1/3) of the
28 member's years of prior service with the unit as a police officer,
29 a firefighter, or an emergency medical technician, or a school
30 resource officer only if:
31 (A) The amount necessary to fund the member's prior service
32 liability is contributed to the 1977 fund under an agreement
33 that specifies how much the unit, or the airport authority,
34 school corporation, or charter school is to contribute, if any,
35 and how much the member is to contribute, if any.
36 Contributions must be paid in a lump sum or in installments as
37 provided in clause (C). The amount of contributions must be
38 based on the actual salary earned by a first class patrolman or
39 a first class firefighter at the time the unit, or the airport
40 authority, the school corporation, or the charter school
41 becomes a participant in the 1977 fund, or the police officer,
42 or firefighter, or school resource officer becomes a member
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1 of the 1977 fund, or if no such salary designation exists, the
2 actual salary earned by the police officer, or firefighter, or
3 school resource officer.
4 (B) The amount the police officer, or firefighter, or school
5 resource officer would have contributed if the police officer,
6 or firefighter, or school resource officer had been a member
7 of the 1977 fund during the police officer's, or firefighter's, or
8 school resource officer's prior service must be fully paid
9 under an agreement that specifies how much the unit, or the
10 airport authority, the school corporation, or the charter
11 school is to pay, if any, and how much the member is to pay,
12 if any. Contributions must be paid in a lump sum or in
13 installments as provided in clause (C). The amount of
14 contributions must be based on the police officer's, or
15 firefighter's, or school resource officer's actual salary earned
16 during that period before service can be credited under this
17 section.
18 (C) Any amortization schedule for contributions paid under
19 clause (A) and contributions to be paid under clause (B) must
20 include interest at a rate determined by the system board. The
21 board shall determine the term of any amortization schedule
22 authorized under clauses (A) and (B), not to exceed ten (10)
23 years. The terms of the various amortization schedules
24 authorized under clauses (A) and (B) may differ.
25 (3) For a member who will not accrue twenty (20) years of service
26 credit in the 1977 fund by the time the member reaches the
27 earliest retirement age under the fund at the time of the member's
28 date of participation in the 1977 fund, credit for such prior service
29 shall be given only if:
30 (A) The amount necessary to fund the member's prior service
31 liability is contributed to the 1977 fund under an agreement
32 that specifies how much the unit, or the airport authority, the
33 school corporation, or the charter school is to contribute, if
34 any, and how much the member is to contribute, if any.
35 Contributions must be paid in a lump sum or in installments as
36 provided in clause (C). The amount of contributions must be
37 based on the actual salary earned by a first class patrolman or
38 a first class firefighter at the time the unit, or the airport
39 authority, the school corporation, or the charter school
40 becomes a participant in the 1977 fund, or the police officer,
41 or firefighter, or school resource officer becomes a member
42 of the 1977 fund, or if no such salary designation exists, the
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1 actual salary earned by the police officer, or firefighter, or
2 school resource officer. The limit on credit for prior service
3 does not apply to a firefighter if the firefighter was a member
4 of the 1937 fund or 1977 fund whose participation was
5 terminated due to the creation of a new fire protection district
6 under IC 36-8-11-5 and who subsequently became a member
7 of the 1977 fund. A firefighter who was a member of or
8 reentered the 1937 fund or 1977 fund whose participation was
9 terminated due to the creation of a new fire protection district
10 under IC 36-8-11-5 is entitled to full credit for prior service in
11 an amount equal to the firefighter's years of service before
12 becoming a member of or reentering the 1977 fund. Service
13 may only be credited for time as a full-time, fully paid police
14 officer, firefighter, or emergency medical technician under
15 section 7(g) of this chapter, or school resource officer.
16 (B) The amount the police officer, or firefighter, or school
17 resource officer would have contributed if the police officer,
18 or firefighter, or school resource officer had been a member
19 of the 1977 fund during the police officer's, or firefighter's, or
20 school resource officer's prior service must be fully paid
21 under an agreement that specifies how much the unit, or the
22 airport authority, the school corporation, or the charter
23 school is to pay and how much the member is to pay.
24 Contributions must be paid in a lump sum or in installments as
25 provided in clause (C). The amount of contributions must be
26 based on the police officer's, or firefighter's, or school
27 resource officer's actual salary earned during that period
28 before service can be credited under this section.
29 (C) Any amortization schedule for contributions paid under
30 clause (A) and contributions to be paid under clause (B) must
31 include interest at a rate determined by the system board. The
32 board shall determine the term of any amortization schedule
33 authorized under clauses (A) and (B), not to exceed ten (10)
34 years. The terms of the various amortization schedules
35 authorized under clauses (A) and (B) may differ.
36 (4) If, at the time a unit, or an airport authority, a school
37 corporation, or a charter school entered the 1977 fund, a fund
38 member received the maximum prior service credit allowed by
39 subdivision (3) and, at a later date, the earliest retirement age was
40 lowered, the unit, or the airport authority, the school
41 corporation, or the charter school or the fund member, or both,
42 the unit, or airport authority, and the fund member, may
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1 contribute to the 1977 fund on the fund member's behalf an
2 additional amount that is determined in the same manner as under
3 subdivision (3) with respect to the additional prior service, if any,
4 available as a result of the lower retirement age. If the additional
5 amount described in this subdivision is paid in accordance with
6 the requirements of subdivision (3), the fund member shall
7 receive the additional service credit necessary for the fund
8 member to retire at the lower earliest retirement age.
9 (c) This subsection applies to a unit that:
10 (1) becomes a participant in the 1977 fund under section 3(c) of
11 this chapter; and
12 (2) is a fire protection district created under IC 36-8-11 that
13 includes a township or a municipality that had a 1937 fund.
14 A firefighter who continues uninterrupted service with a unit covered
15 by this subsection and who participated in the township or municipality
16 1937 fund is entitled to receive service credit for such service in the
17 1977 fund. However, credit for such service is limited to the amount
18 accrued by the firefighter in the 1937 fund or the amount necessary to
19 allow the firefighter to accrue twenty (20) years of service credit in the
20 1977 fund by the time the firefighter becomes fifty-two (52) years of
21 age, whichever is less.
22 (d) A unit to which subsection (c) applies shall contribute into the
23 1977 fund the amount necessary to fund the amount of past service
24 determined in accordance with subsection (c), amortized over a period
25 not to exceed ten (10) years with interest at a rate determined by the
26 system board.
27 (e) If the township or municipality has accumulated money in its
28 1937 fund, any amount accumulated that exceeds the present value of
29 all projected future benefits from the 1937 plan shall be paid by the
30 township or municipality to the unit for the sole purpose of making the
31 contributions determined in subsection (d).
32 (f) To the extent permitted by the Internal Revenue Code and the
33 applicable regulations, the 1977 fund may accept, on behalf of a fund
34 member who is purchasing permissive service credit under this chapter,
35 a rollover of a distribution from any of the following:
36 (1) A qualified plan described in Section 401(a) or Section 403(a)
37 of the Internal Revenue Code.
38 (2) An annuity contract or account described in Section 403(b) of
39 the Internal Revenue Code.
40 (3) An eligible plan that is maintained by a state, a political
41 subdivision of a state, or an agency or instrumentality of a state or
42 political subdivision of a state under Section 457(b) of the
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1 Internal Revenue Code.
2 (4) An individual retirement account or annuity described in
3 Section 408(a) or Section 408(b) of the Internal Revenue Code.
4 (g) To the extent permitted by the Internal Revenue Code and the
5 applicable regulations, the 1977 fund may accept, on behalf of a fund
6 member who is purchasing permissive service credit under this chapter,
7 a trustee to trustee transfer from any of the following:
8 (1) An annuity contract or account described in Section 403(b) of
9 the Internal Revenue Code.
10 (2) An eligible deferred compensation plan under Section 457(b)
11 of the Internal Revenue Code.
12 SECTION 11. IC 36-8-8-18.1, AS AMENDED BY P.L.170-2023,
13 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 18.1. (a) As used in this section, "police officer"
15 includes a former full-time, fully paid:
16 (1) town marshal;
17 (2) deputy town marshal;
18 (3) conservancy district marshal; or
19 (4) deputy conservancy district marshal;
20 who is employed as a police officer by a metropolitan board of police
21 commissioners.
22 (b) If a unit, or an airport authority, a school corporation, or a
23 charter school becomes a participant in the 1977 fund and the unit, or
24 the airport authority, the school corporation, or the charter school
25 previously covered police officers, firefighters, or emergency medical
26 technicians, or school resource officers in PERF, or if the employees
27 of the unit become members of the 1977 fund under section 7(g) of this
28 chapter, the following provisions apply:
29 (1) A minimum benefit applies to members electing to transfer or
30 being transferred to the 1977 fund from PERF. The minimum
31 benefit, payable at age fifty-two (52), for such a member equals
32 the actuarial equivalent of the vested retirement benefit payable
33 to the member upon normal retirement under IC 5-10.2-4-1 as of
34 the day before the transfer, based solely on:
35 (A) creditable service;
36 (B) the average of the annual compensation; and
37 (C) the amount credited to the annuity savings account;
38 of the transferring member as of the day before the transfer under
39 IC 5-10.2 and IC 5-10.3.
40 (2) The system board shall transfer from PERF to the 1977 fund
41 the amount credited to the annuity savings accounts that is
42 necessary for the purchase of service credit and the present value
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1 of benefits attributable to the transferring members.
2 (3) The amount the unit, or the airport authority, the school
3 corporation, or the charter school and the member must
4 contribute to the 1977 fund under section 18 of this chapter, if any
5 service credit is to be given under that section, will be reduced by
6 the amounts transferred to the 1977 fund by the system board
7 under subdivision (2).
8 (4) Credit for prior service in PERF of a member as a police
9 officer, a firefighter, or an emergency medical technician, or a
10 school resource officer is waived in PERF. Any credit for that
11 service under the 1977 fund shall only be given in accordance
12 with section 18 of this chapter.
13 (5) Credit for prior service in PERF of a member, other than as a
14 police officer, a firefighter, or an emergency medical technician,
15 or a school resource officer remains in PERF and may not be
16 credited under the 1977 fund.
17 SECTION 12. IC 36-8-8-21.5 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2024]: Sec. 21.5. (a) This section applies to a
20 school resource officer that becomes or remains a member of the
21 1977 fund under section 3(f) or 3(g) of this chapter.
22 (b) A school resource officer is a member of the 1977 fund
23 without meeting the age limitation under section 7(a) of this
24 chapter if the school resource officer meets the training
25 requirements under IC 20-26-18.2-1.
26 (c) Credit for prior service of a school resource officer who
27 becomes a member of the 1977 fund under this section shall be
28 determined under section 18 or 18.1 of this chapter. No service
29 credit beyond that allowed under section 18 or 18.1 of this chapter
30 may be recognized under the 1977 fund.
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