*EH1104.2*
February 23, 2024
ENGROSSED
HOUSE BILL No. 1104
_____
DIGEST OF HB 1104 (Updated February 22, 2024 10:33 am - DI 140)
Citations Affected: IC 10-21; IC 20-34; IC 36-8.
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 by meeting
certain age and training requirements. Makes corresponding changes.
Effective: July 1, 2024.
Davis, McNamara, Criswell, Pfaff
(SENATE SPONSORS — DEERY, CARRASCO)
January 8, 2024, read first time and referred to Committee on Education.
January 18, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
January 25, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, ordered engrossed.
January 30, 2024, engrossed. Read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 7, 2024, read first time and referred to Committee on Education and Career
Development.
February 15, 2024, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 22, 2024, reported favorably — Do Pass.
EH 1104—LS 6812/DI 143 February 23, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 this style type.
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 this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
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;
EH 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
EH 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
EH 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,
EH 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;
EH 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
EH 1104—LS 6812/DI 143 7
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
EH 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 local board described in
9 subdivisions (1) through (4) that manages the fund established
10 in the unit or the consolidated city in which the:
11 (A) territory of the school corporation; or
12 (B) charter school;
13 is located. However, if more than one (1) local board is applicable
14 under this subdivision, the governing body of the school
15 corporation or the equivalent authority for the charter school that
16 employs or contracts to employ the school resource officer may
17 choose the applicable local board with respect to the school
18 resource officer.
19 (b) If a unit did not establish a 1925 fund for its police officers, a
20 local board shall be composed in the same manner described in
21 IC 36-8-6-2(b). However, if there is not a retired member of the
22 department, no one shall be appointed to that position until such time
23 as there is a retired member.
24 (c) If a unit did not establish a 1937 fund for its firefighters, a local
25 board shall be composed in the same manner described in
26 IC 36-8-7-3(b). However, if there is not a retired member of the
27 department, no one shall be appointed to that position until such time
28 as there is a retired member.
29 SECTION 8. IC 36-8-8-2.2 IS ADDED TO THE INDIANA CODE
30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31 1, 2024]: Sec. 2.2. As used in this chapter, "school resource officer"
32 has the meaning set forth in IC 20-26-18.2-1.
33 SECTION 9. IC 36-8-8-3, AS AMENDED BY P.L.102-2023,
34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 3. (a) If a town establishes a board of metropolitan
36 police commissioners, or if a town becomes a city, the municipality
37 shall participate in the 1977 fund and shall enroll all full-time police
38 officers and firefighters in the 1977 fund. However, if a police officer
39 or former marshal is a member of the public employees' retirement
40 fund, the police officer or former marshal may continue as a member
41 of that fund instead of the 1977 fund. Notwithstanding the age
42 requirements under section 7(a) of this chapter, a police officer or
EH 1104—LS 6812/DI 143 9
1 former marshal employed by a municipality at the time the
2 municipality enters the 1977 fund under this section shall be a member
3 of the 1977 fund unless the police officer or former marshal elects to
4 continue as a member of the public employees' retirement fund. A
5 person may become a member of the 1977 fund under this subsection
6 without meeting the age limitation under section 7(a) of this chapter
7 only if the person satisfies:
8 (1) any aptitude, physical agility, or physical and mental standards
9 established by a local board under IC 36-8-3.2; and
10 (2) the minimum standards that are:
11 (A) adopted by the system board under section 19 of this
12 chapter; and
13 (B) in effect on the date the person becomes a member of the
14 1977 fund.
15 Credit for prior service of a person who becomes a member of the 1977
16 fund under this subsection shall be determined under section 18 or 18.1
17 of this chapter. No service credit beyond that allowed under section 18
18 or 18.1 of this chapter may be recognized under the 1977 fund.
19 (b) If a unit did not establish a 1937 fund for its firefighters, the unit
20 may participate in the public employees' retirement fund or it may
21 participate in the 1977 fund. If a unit established a 1937 fund for its
22 firefighters, the unit is and shall remain a participant in the 1977 fund.
23 (c) A unit that:
24 (1) has not established a pension fund for its firefighters; or
25 (2) is participating in the public employees' retirement fund under
26 subsection (b);
27 may participate in the 1977 fund upon approval by the fiscal body,
28 notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
29 under this subsection must comply with section 21 of this chapter.
30 However, if a police officer or firefighter is a member of the public
31 employees' retirement fund, the police officer or firefighter may
32 continue as a member of that fund instead of the 1977 fund.
33 (d) If a unit that participates in the 1977 fund provides longevity
34 increases, the amount of the longevity increase provided in a year must
35 be greater than or equal to the amount of the longevity increase
36 provided in the previous year.
37 (e) An airport authority may participate in the 1977 fund. An airport
38 authority that participates in the 1977 fund under this subsection must
39 comply with section 21 of this chapter. However, if a police officer or
40 firefighter is a member of the public employees' retirement fund, the
41 police officer or firefighter may continue as a member of that fund
42 instead of the 1977 fund.
EH 1104—LS 6812/DI 143 10
1 (f) A school corporation or charter school that:
2 (1) employs a school resource officer; or
3 (2) enters into a contract or memorandum of understanding
4 with a:
5 (A) local law enforcement agency;
6 (B) private entity; or
7 (C) nonprofit corporation;
8 to employ a school resource officer;
9 may participate in the 1977 fund. A school corporation or charter
10 school that participates in the 1977 fund under this subsection or
11 subsection (g) must comply with section 21.5 of this chapter.
12 However, if a school resource officer is a member of the public
13 employees' retirement fund, the school resource officer may
14 continue as a member of that fund instead of the 1977 fund.
15 (g) A school resource officer hired or rehired after June 30,
16 2024, who is a member of the 1977 fund shall remain in the 1977
17 fund.
18 SECTION 10. IC 36-8-8-18, AS AMENDED BY P.L.170-2023,
19 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 18. (a) Except as provided in subsection (b), if a
21 unit, or an airport authority, a school corporation, or a charter school
22 becomes a participant in the 1977 fund, credit for prior service by
23 police officers (including prior service as a full-time, fully paid town
24 marshal, full-time, fully paid deputy town marshal, full-time, fully paid
25 conservancy district marshal, or full-time, fully paid deputy
26 conservancy district marshal by a police officer employed by a
27 metropolitan board of police commissioners), or by firefighters, or by
28 school resource officers before the date of participation may be given
29 by the system board only if:
30 (1) the amount necessary to fund the police officer's, or
31 firefighter's, or school resource officer's prior service liability is
32 contributed to the 1977 fund under an agreement that specifies
33 how much the unit, or the airport authority, school corporation,
34 or charter school is to contribute, if any, and how much the
35 police officer, or firefighter, or school resource officer is to
36 contribute, if any; and
37 (2) the amount that the police officers, or firefighters, or school
38 resource officers would have contributed if they had been
39 members of the 1977 fund during their prior service is paid to the
40 1977 fund under an agreement that specifies how much the unit,
41 or the airport authority, school corporation, or charter school is
42 to contribute, if any, and how much the police officer, or
EH 1104—LS 6812/DI 143 11
1 firefighter, or school resource officer is to contribute, if any.
2 If the requirements of subdivisions (1) and (2) are not met, a fund
3 member is entitled to credit only for years of service after the date of
4 participation. Contributions under subdivisions (1) and (2) must be
5 paid in a lump sum or in installments over a period of not more than
6 thirty (30) years, the amount and period to be determined by the system
7 board. The periods determined by the system board under subdivisions
8 (1) and (2) for any installment payments may differ between the unit,
9 or the airport authority, the school corporation, or the charter school
10 and the police officers, or firefighters, or school resource officers and
11 between subdivisions (1) and (2).
12 (b) If a unit becomes a participant in the 1977 fund under section
13 3(c) of this chapter, if an airport authority becomes a participant in the
14 1977 fund under section 3(e) of this chapter, if a school corporation
15 or charter school becomes a member of the 1977 fund under
16 section 3(f) of this chapter, or if a firefighter becomes a member of
17 the 1977 fund under section 7(g) of this chapter, credit for prior service
18 before the date of participation or membership shall be given by the
19 system board as follows:
20 (1) For a member who will accrue twenty (20) years of service
21 credit in the 1977 fund by the time the member reaches the
22 earliest retirement age under the fund at the time of the member's
23 date of participation in the 1977 fund and who participated in
24 PERF as a police officer, a firefighter, or an emergency medical
25 technician, or a school resource officer, the member will be
26 given credit in the 1977 fund for one-third (1/3) of the member's
27 years of participation in PERF as a police officer, a firefighter, or
28 an emergency medical technician, or a school resource officer.
29 (2) For a member who will accrue twenty (20) years of service
30 credit in the 1977 fund by the time the member reaches the
31 earliest retirement age under the fund at the time of the member's
32 date of participation in the 1977 fund and who did not participate
33 in a pension plan as a police officer, a firefighter, or an emergency
34 medical technician, or a school resource officer, the member
35 will be given credit in the 1977 fund for one-third (1/3) of the
36 member's years of prior service with the unit as a police officer,
37 a firefighter, or an emergency medical technician, or a school
38 resource officer only if:
39 (A) The amount necessary to fund the member's prior service
40 liability is contributed to the 1977 fund under an agreement
41 that specifies how much the unit, or the airport authority,
42 school corporation, or charter school is to contribute, if any,
EH 1104—LS 6812/DI 143 12
1 and how much the member is to contribute, if any.
2 Contributions must be paid in a lump sum or in installments as
3 provided in clause (C). The amount of contributions must be
4 based on the actual salary earned by a first class patrolman or
5 a first class firefighter at the time the unit, or the airport
6 authority, the school corporation, or the charter school
7 becomes a participant in the 1977 fund, or the police officer,
8 or firefighter, or school resource officer becomes a member
9 of the 1977 fund, or if no such salary designation exists, the
10 actual salary earned by the police officer, or firefighter, or
11 school resource officer.
12 (B) The amount the police officer, or firefighter, or school
13 resource officer would have contributed if the police officer,
14 or firefighter, or school resource officer had been a member
15 of the 1977 fund during the police officer's, or firefighter's, or
16 school resource officer's prior service must be fully paid
17 under an agreement that specifies how much the unit, or the
18 airport authority, the school corporation, or the charter
19 school is to pay, if any, and how much the member is to pay,
20 if any. Contributions must be paid in a lump sum or in
21 installments as provided in clause (C). The amount of
22 contributions must be based on the police officer's, or
23 firefighter's, or school resource officer's actual salary earned
24 during that period before service can be credited under this
25 section.
26 (C) Any amortization schedule for contributions paid under
27 clause (A) and contributions to be paid under clause (B) must
28 include interest at a rate determined by the system board. The
29 board shall determine the term of any amortization schedule
30 authorized under clauses (A) and (B), not to exceed ten (10)
31 years. The terms of the various amortization schedules
32 authorized under clauses (A) and (B) may differ.
33 (3) For a member who will not accrue twenty (20) years of service
34 credit in the 1977 fund by the time the member reaches the
35 earliest retirement age under the fund at the time of the member's
36 date of participation in the 1977 fund, credit for such prior service
37 shall be given only if:
38 (A) The amount necessary to fund the member's prior service
39 liability is contributed to the 1977 fund under an agreement
40 that specifies how much the unit, or the airport authority, the
41 school corporation, or the charter school is to contribute, if
42 any, and how much the member is to contribute, if any.
EH 1104—LS 6812/DI 143 13
1 Contributions must be paid in a lump sum or in installments as
2 provided in clause (C). The amount of contributions must be
3 based on the actual salary earned by a first class patrolman or
4 a first class firefighter at the time the unit, or the airport
5 authority, the school corporation, or the charter school
6 becomes a participant in the 1977 fund, or the police officer,
7 or firefighter, or school resource officer becomes a member
8 of the 1977 fund, or if no such salary designation exists, the
9 actual salary earned by the police officer, or firefighter, or
10 school resource officer. The limit on credit for prior service
11 does not apply to a firefighter if the firefighter was a member
12 of the 1937 fund or 1977 fund whose participation was
13 terminated due to the creation of a new fire protection district
14 under IC 36-8-11-5 and who subsequently became a member
15 of the 1977 fund. A firefighter who was a member of or
16 reentered the 1937 fund or 1977 fund whose participation was
17 terminated due to the creation of a new fire protection district
18 under IC 36-8-11-5 is entitled to full credit for prior service in
19 an amount equal to the firefighter's years of service before
20 becoming a member of or reentering the 1977 fund. Service
21 may only be credited for time as a full-time, fully paid police
22 officer, firefighter, or emergency medical technician under
23 section 7(g) of this chapter, or school resource officer.
24 (B) The amount the police officer, or firefighter, or school
25 resource officer would have contributed if the police officer,
26 or firefighter, or school resource officer had been a member
27 of the 1977 fund during the police officer's, or firefighter's, or
28 school resource officer's prior service must be fully paid
29 under an agreement that specifies how much the unit, or the
30 airport authority, the school corporation, or the charter
31 school is to pay and how much the member is to pay.
32 Contributions must be paid in a lump sum or in installments as
33 provided in clause (C). The amount of contributions must be
34 based on the police officer's, or firefighter's, or school
35 resource officer's actual salary earned during that period
36 before service can be credited under this section.
37 (C) Any amortization schedule for contributions paid under
38 clause (A) and contributions to be paid under clause (B) must
39 include interest at a rate determined by the system board. The
40 board shall determine the term of any amortization schedule
41 authorized under clauses (A) and (B), not to exceed ten (10)
42 years. The terms of the various amortization schedules
EH 1104—LS 6812/DI 143 14
1 authorized under clauses (A) and (B) may differ.
2 (4) If, at the time a unit, or an airport authority, a school
3 corporation, or a charter school entered the 1977 fund, a fund
4 member received the maximum prior service credit allowed by
5 subdivision (3) and, at a later date, the earliest retirement age was
6 lowered, the unit, or the airport authority, the school
7 corporation, or the charter school or the fund member, or both,
8 the unit, or airport authority, and the fund member, may
9 contribute to the 1977 fund on the fund member's behalf an
10 additional amount that is determined in the same manner as under
11 subdivision (3) with respect to the additional prior service, if any,
12 available as a result of the lower retirement age. If the additional
13 amount described in this subdivision is paid in accordance with
14 the requirements of subdivision (3), the fund member shall
15 receive the additional service credit necessary for the fund
16 member to retire at the lower earliest retirement age.
17 (c) This subsection applies to a unit that:
18 (1) becomes a participant in the 1977 fund under section 3(c) of
19 this chapter; and
20 (2) is a fire protection district created under IC 36-8-11 that
21 includes a township or a municipality that had a 1937 fund.
22 A firefighter who continues uninterrupted service with a unit covered
23 by this subsection and who participated in the township or municipality
24 1937 fund is entitled to receive service credit for such service in the
25 1977 fund. However, credit for such service is limited to the amount
26 accrued by the firefighter in the 1937 fund or the amount necessary to
27 allow the firefighter to accrue twenty (20) years of service credit in the
28 1977 fund by the time the firefighter becomes fifty-two (52) years of
29 age, whichever is less.
30 (d) A unit to which subsection (c) applies shall contribute into the
31 1977 fund the amount necessary to fund the amount of past service
32 determined in accordance with subsection (c), amortized over a period
33 not to exceed ten (10) years with interest at a rate determined by the
34 system board.
35 (e) If the township or municipality has accumulated money in its
36 1937 fund, any amount accumulated that exceeds the present value of
37 all projected future benefits from the 1937 plan shall be paid by the
38 township or municipality to the unit for the sole purpose of making the
39 contributions determined in subsection (d).
40 (f) To the extent permitted by the Internal Revenue Code and the
41 applicable regulations, the 1977 fund may accept, on behalf of a fund
42 member who is purchasing permissive service credit under this chapter,
EH 1104—LS 6812/DI 143 15
1 a rollover of a distribution from any of the following:
2 (1) A qualified plan described in Section 401(a) or Section 403(a)
3 of the Internal Revenue Code.
4 (2) An annuity contract or account described in Section 403(b) of
5 the Internal Revenue Code.
6 (3) An eligible plan that is maintained by a state, a political
7 subdivision of a state, or an agency or instrumentality of a state or
8 political subdivision of a state under Section 457(b) of the
9 Internal Revenue Code.
10 (4) An individual retirement account or annuity described in
11 Section 408(a) or Section 408(b) of the Internal Revenue Code.
12 (g) To the extent permitted by the Internal Revenue Code and the
13 applicable regulations, the 1977 fund may accept, on behalf of a fund
14 member who is purchasing permissive service credit under this chapter,
15 a trustee to trustee transfer from any of the following:
16 (1) An annuity contract or account described in Section 403(b) of
17 the Internal Revenue Code.
18 (2) An eligible deferred compensation plan under Section 457(b)
19 of the Internal Revenue Code.
20 SECTION 11. IC 36-8-8-18.1, AS AMENDED BY P.L.170-2023,
21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 18.1. (a) As used in this section, "police officer"
23 includes a former full-time, fully paid:
24 (1) town marshal;
25 (2) deputy town marshal;
26 (3) conservancy district marshal; or
27 (4) deputy conservancy district marshal;
28 who is employed as a police officer by a metropolitan board of police
29 commissioners.
30 (b) If a unit, or an airport authority, a school corporation, or a
31 charter school becomes a participant in the 1977 fund and the unit, or
32 the airport authority, the school corporation, or the charter school
33 previously covered police officers, firefighters, or emergency medical
34 technicians, or school resource officers in PERF, or if the employees
35 of the unit become members of the 1977 fund under section 7(g) of this
36 chapter, the following provisions apply:
37 (1) A minimum benefit applies to members electing to transfer or
38 being transferred to the 1977 fund from PERF. The minimum
39 benefit, payable at age fifty-two (52), for such a member equals
40 the actuarial equivalent of the vested retirement benefit payable
41 to the member upon normal retirement under IC 5-10.2-4-1 as of
42 the day before the transfer, based solely on:
EH 1104—LS 6812/DI 143 16
1 (A) creditable service;
2 (B) the average of the annual compensation; and
3 (C) the amount credited to the annuity savings account;
4 of the transferring member as of the day before the transfer under
5 IC 5-10.2 and IC 5-10.3.
6 (2) The system board shall transfer from PERF to the 1977 fund
7 the amount credited to the annuity savings accounts that is
8 necessary for the purchase of service credit and the present value
9 of benefits attributable to the transferring members.
10 (3) The amount the unit, or the airport authority, the school
11 corporation, or the charter school and the member must
12 contribute to the 1977 fund under section 18 of this chapter, if any
13 service credit is to be given under that section, will be reduced by
14 the amounts transferred to the 1977 fund by the system board
15 under subdivision (2).
16 (4) Credit for prior service in PERF of a member as a police
17 officer, a firefighter, or an emergency medical technician, or a
18 school resource officer is waived in PERF. Any credit for that
19 service under the 1977 fund shall only be given in accordance
20 with section 18 of this chapter.
21 (5) Credit for prior service in PERF of a member, other than as a
22 police officer, a firefighter, or an emergency medical technician,
23 or a school resource officer remains in PERF and may not be
24 credited under the 1977 fund.
25 SECTION 12. IC 36-8-8-21.5 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2024]: Sec. 21.5. (a) This section applies to a
28 school resource officer that becomes or remains a member of the
29 1977 fund under section 3(f) or 3(g) of this chapter.
30 (b) A school resource officer is a member of the 1977 fund if the
31 school resource officer:
32 (1) meets the age limitation under section 7(a) of this chapter;
33 (2) passes the baseline statewide physical and mental
34 examinations required under section 19 of this chapter; and
35 (3) meets the training requirements under IC 20-26-18.2-1.
36 (c) Credit for prior service of a school resource officer who
37 becomes a member of the 1977 fund under this section shall be
38 determined under section 18 or 18.1 of this chapter. No service
39 credit beyond that allowed under section 18 or 18.1 of this chapter
40 may be recognized under the 1977 fund.
EH 1104—LS 6812/DI 143 17
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1104, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 16, line 23, delete "without meeting" and insert "if the school
resource officer meets".
Page 16, line 24, delete "if the school resource officer" and insert
"and".
and when so amended that said bill do pass.
(Reference is to HB 1104 as introduced.)
BEHNING
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1104, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 8, line 8, delete "the governing body of a" and insert "the local
board described in subdivisions (1) through (4) that manages the
fund established in the unit or the consolidated city in which the:
(A) territory of the school corporation; or
(B) charter school;
is located. However, if more than one (1) local board is applicable
under this subdivision, the governing body of the school
corporation or the equivalent authority for the charter school that
employs or contracts to employ the school resource officer may
choose the applicable local board with respect to the school
resource officer.".
Page 8, delete lines 9 through 10.
Page 16, line 23, delete "officer" and insert "officer:
(1)".
Page 16, line 24, delete "chapter and" and insert "chapter;
(2) passes the baseline statewide physical and mental
examinations required under section 19 of this chapter; and
EH 1104—LS 6812/DI 143 18
(3)".
and when so amended that said bill do pass.
(Reference is to HB 1104 as printed January 18, 2024.)
THOMPSON
Committee Vote: yeas 23, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred House Bill No. 1104, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS and be
reassigned to the Senate Committee on Appropriations.
(Reference is to HB 1104 as printed January 25, 2024.)
RAATZ, Chairperson
Committee Vote: Yeas 11, Nays 0
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Engrossed House Bill No. 1104, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to EHB 1104 as printed February 16, 2024.)
MISHLER, Chairperson
Committee Vote: Yeas 13, Nays 0
EH 1104—LS 6812/DI 143