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.
HOUSE ENROLLED ACT No. 1104
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 10-21-1-10, AS ADDED BY P.L.150-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) A school corporation shall develop a
school safety plan in accordance with subsection (c) for review as
described in section 11 of this chapter.
(b) Each charter school shall develop a school safety plan in
accordance with subsection (c) for review as described in section 11 of
this chapter. A charter school in operation on July 1, 2023, shall
comply with this subsection on or before July 1, 2024.
(c) The school safety plan:
(1) must be developed by a school safety specialist and the
school's safe school committee, including a school resource
officer if one (1) is employed by the school corporation or charter
school, in consultation with the:
(A) law enforcement agency; and
(B) fire department;
that have jurisdiction over the particular school building;
(2) must:
(A) protect against outside and internal threats to the physical
safety of students, faculty, staff, and the public, including
unsafe conditions, crime prevention, school violence, bullying
and cyberbullying, criminal organization activity, child abuse
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and child sexual abuse, mental health and behavioral health,
suicide awareness and prevention, violence prevention and
training, situational awareness, and other issues that prevent
the maintenance of a safe school;
(B) prevent unauthorized access to school property and
interior areas or rooms, including the management of
authorized visitors on school property, before, during, and
after regular school hours;
(C) secure schools against natural and manmade disasters,
including all emergency preparedness drill requirements set
forth in IC 20-34-3-20;
(D) establish an armed intruder drill protocol that:
(i) provides accommodations for students who have
mobility restrictions, sensory needs, or auditory or visual
limitations;
(ii) emphasizes the practical nature of the drill;
(iii) provides access to mental health services on school
grounds following the conclusion of a drill;
(iv) provides advance notice of a drill to parents or legal
guardians of students who attend the school; and
(v) provides alternative exercises for students who are
unable to participate in a drill;
(D) (E) include a site vulnerability assessment for each school
building;
(E) (F) not later than July 1, 2025, include the establishment
of a multi-disciplinary threat assessment team;
(F) (G) include measures to expedite notification of first
responders and access to school property for first responders;
and
(G) (H) include any additional requirements required by the
Indiana state board of education;
(3) must be provided to a member of the board if a member
requests the school safety plan;
(4) must be available for inspection by the department of
education's division of school building physical security and
safety (as established by IC 20-19-3-14);
(5) must be provided to the law enforcement agency and the fire
department that have jurisdiction over the school corporation or
charter school;
(6) must include an attestation that:
(A) a copy of the floor plans for each building located on the
school's property were provided to the law enforcement agency
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and the fire department that have jurisdiction over the school
corporation or charter school that clearly indicates each
entrance and exit, the interior rooms and hallways, and the
location of any hazardous materials located in the building; or
(B) the school corporation or charter school has conducted
critical incidence digital mapping for each school building
within the school corporation or the buildings that are operated
by a charter school, including providing the critical incidence
digital mapping information to:
(i) the law enforcement agency and fire department that
have jurisdiction over the mapped school buildings; and
(ii) the statewide 911 system described in IC 36-8-16.7-22
through the public safety answer point, or "PSAP",
described in IC 36-8-16.7-20 that has jurisdiction over the
mapped school buildings; and
(7) must be filed with the county school safety commission under
section 12 of this chapter having jurisdiction over the school
corporation or charter school.
(d) For purposes of IC 5-14-3, the entities specified in subsection (c)
that receive information under this section shall keep the information
compiled and retained under this section confidential and shall
withhold the information from public disclosure.
SECTION 2. IC 10-21-1-14, AS ADDED BY P.L.150-2023,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 14. (a) Each school operated by a school
corporation shall establish a safe school committee. The committee
may be a subcommittee of the committee that develops the strategic
and continuous school improvement and achievement plan under
IC 20-31-5. Each committee may include at least one (1) member who
is a member of the support staff of the school or school corporation
career and technical education school.
(b) Each school operated by a charter school shall establish a safe
school committee. A charter school in operation on July 1, 2023, shall
comply with this subsection not later than July 1, 2024.
(c) The safe school committee shall actively participate in and assist
with the development of the school safety plan.
(d) The department of education, the school corporation's or charter
school's school safety specialist or specialists, and a school resource
officer, if one (1) is employed by the school corporation or charter
school, shall provide materials and guidelines to assist a safe school
committee in developing a policy for a particular school that addresses
the following issues:
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(1) Implementation of the school safety plan.
(2) Addressing outside and internal threats to the physical safety
of students, faculty, staff, and the public, including unsafe
conditions, crime prevention, school violence, bullying and
cyberbullying, criminal organization activity, child abuse and
child sexual abuse, mental health and behavioral health, suicide
awareness and prevention, violence prevention and training,
situational awareness, and other issues that prevent the
maintenance of a safe school.
(3) Addressing the professional development needs for faculty
and staff to implement methods that decrease problems identified
under subdivision (2).
(4) Identifying and implementing methods to encourage:
(A) involvement by the community, families, and students;
(B) development of relationships between students and school
faculty and staff; and
(C) use of problem solving teams.
(5) Consideration of the effect of armed intruder drills on the
safety and mental health of students, faculty, and staff.
(e) The guidelines developed under subsection (d) must include age
appropriate, research trauma informed, evidence based information
(as defined in 34 U.S.C. 10554(4)) that assists school corporations or
charter schools and safe school committees in:
(1) developing and implementing bullying and cyberbullying
prevention programs;
(2) establishing investigation and reporting procedures related to
bullying and cyberbullying; and
(3) adopting discipline rules that comply with IC 20-33-8-13.5.
(f) In addition to developing guidelines under subsection (d), the
department of education shall establish categories of types of bullying
incidents to allow school corporations to use the categories in making
reports under IC 20-20-8-8 and IC 20-34-6-1.
(g) The materials and guidelines provided under subsection (d) must
include the model educational materials and model response policies
and reporting procedures on child abuse and child sexual abuse
developed or identified under IC 20-19-3-11.
SECTION 3. IC 20-26-5-42.5, AS ADDED BY P.L.218-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 42.5. (a) Notwithstanding any other law or
provision, a public school, including a charter school, or a state
accredited nonpublic school may not conduct a training or drill for an
employee of the school that includes as any part of the training or drill
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sensory components or activities (as defined in IC 20-34-3-27) or
the expelling of any type of projectile at the employee unless:
(1) the school informs the employee of the use of sensory
components or activities (as defined in IC 20-34-3-27) or the
use of projectiles in the training or drill; and
(2) the employee provides the school with written consent to
participate in training or a drill involving the use of sensory
components or activities (as defined in IC 20-34-3-27) or the
use of projectiles.
(b) Notwithstanding any other law or provision, a public school,
charter school, or state accredited nonpublic school may not conduct
or approve of any training or a drill for a student of the school that
includes as any part of the training or drill the expelling of any type of
projectile at a student.
SECTION 4. IC 20-34-3-20, AS AMENDED BY P.L.150-2023,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 20. (a) The governing body of a school
corporation and an organizer of a charter school shall require each
school in the governing body's jurisdiction or organizer's responsibility
to conduct periodic emergency preparedness drills during the school
year in compliance with rules adopted under IC 4-22-2 by the state
board.
(b) Each school and attendance center shall conduct at least:
(1) one (1) tornado preparedness drill; and
(2) one (1) manmade occurrence disaster drill;
during each semester.
(c) At least one (1) manmade occurrence disaster drill required
under subsection (b) must be an active shooter armed intruder drill
and must be conducted in conformity with the requirements of
section 27 of this chapter and within ninety (90) calendar days after
the beginning of the school year.
(d) Each:
(1) state accredited nonpublic school; and
(2) charter school;
must conduct at least one (1) active shooter armed intruder drill in
conformity with the requirements of section 27 of this chapter
during each school year.
(e) Notwithstanding rules established by the state fire marshal under
IC 12-17-12-19, a drill conducted under subsection (b) may be
conducted instead of a periodic or monthly fire evacuation drill
requirement established by the state fire marshal. However, a drill
conducted under subsection (b) may not be made:
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(1) instead of more than two (2) periodic or monthly fire
evacuation drills in a particular school semester; and
(2) in two (2) consecutive months.
(f) The governing body of a school corporation or an organizer of a
charter school may direct schools to conduct emergency preparedness
drills in addition to those required under subsection (b).
(g) The governing body of a school corporation or organizer of a
charter school shall require each principal to file a certified statement
that all drills have been conducted as required under this section.
SECTION 5. IC 20-34-3-27 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 27. (a) As used in this section, "sensory components
or activities" refers to aspects of an armed intruder drill intended
to simulate a real armed intruder scenario that include:
(1) simulations of gunfire;
(2) simulations of gunshot wounds or other injuries;
(3) the use of a prop firearm;
(4) the use of a pellet gun; or
(5) participation in the drill by law enforcement personnel
with drawn firearms.
(b) An armed intruder drill conducted under section 20 of this
chapter that includes sensory components or activities may not:
(1) require student participation; or
(2) take place during regular school hours if a majority of the
student body is present on school property.
SECTION 6. IC 36-8-8-1, AS AMENDED BY P.L.102-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. This chapter applies to:
(1) full-time police officers hired or rehired after April 30, 1977,
in all municipalities, or who converted their benefits under
IC 19-1-17.8-7 (repealed September 1, 1981);
(2) full-time fully paid firefighters hired or rehired after April 30,
1977, or who converted their benefits under IC 19-1-36.5-7
(repealed September 1, 1981);
(3) 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;
(4) a park ranger who:
(A) 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
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academy or the law enforcement academy in another state;
(B) graduated from the Indiana law enforcement academy or
a comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a
population of more than one hundred ten thousand (110,000)
and less than one hundred fifty thousand (150,000);
(5) a full-time fully paid firefighter who is covered by this chapter
before the effective date of consolidation and becomes a member
of the fire department of a consolidated city under IC 36-3-1-6.1,
provided that the firefighter's service as a member of the fire
department of a consolidated city is considered active service
under this chapter;
(6) except as otherwise provided, a full-time fully paid firefighter
who is hired or rehired after the effective date of the consolidation
by a consolidated fire department established under
IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter before
the effective date of consolidation and becomes a member of the
consolidated law enforcement department as part of the
consolidation under IC 36-3-1-5.1, provided that the officer's
service as a member of the consolidated law enforcement
department is considered active service under this chapter;
(8) except as otherwise provided, a full-time police officer who is
hired or rehired after the effective date of the consolidation by a
consolidated law enforcement department established under
IC 36-3-1-5.1;
(9) a veteran described in IC 36-8-4.7; and
(10) a full-time police officer or full-time fully paid firefighter
who is employed by an airport authority; and
(11) a full-time school resource officer;
except as provided by section 7 of this chapter.
SECTION 7. IC 36-8-8-2, AS AMENDED BY P.L.102-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. As used in this chapter, "employer" means:
(1) a municipality that established a 1925 or 1953 fund or that
participates in the 1977 fund under section 3 or 18 of this chapter;
(2) a unit that established a 1937 fund or that participates in the
1977 fund under section 3 or 18 of this chapter;
(3) a consolidated city that consolidated the fire departments of
units that:
(A) established a 1937 fund; or
(B) participated in the 1977 fund;
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before the units' consolidation into the fire department of a
consolidated city established by IC 36-3-1-6.1;
(4) a consolidated city that establishes a consolidated law
enforcement department under IC 36-3-1-5.1; or
(5) an airport authority that participates in the 1977 fund under
section 3 of this chapter; or
(6) a school corporation or charter school that participates in
the 1977 fund under section 3 of this chapter.
SECTION 8. IC 36-8-8-2.1, AS AMENDED BY P.L.102-2023,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: 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) For a unit that established a 1937 fund for its firefighters, the
local board described in IC 36-8-7-3.
(3) 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) 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).
(5) For an airport authority, the board of an airport authority.
(6) For a school resource officer, 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.
(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) 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
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as there is a retired member.
SECTION 9. IC 36-8-8-2.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2.2. As used in this chapter, "school resource officer"
has the meaning set forth in IC 20-26-18.2-1.
SECTION 10. IC 36-8-8-3, AS AMENDED BY P.L.102-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) If a town establishes a board of metropolitan
police commissioners, or if a town becomes a city, the municipality
shall participate in the 1977 fund and shall enroll all full-time police
officers and firefighters in the 1977 fund. However, if a police officer
or former marshal is a member of the public employees' retirement
fund, the police officer or former marshal may continue as a member
of that fund instead of the 1977 fund. Notwithstanding the age
requirements under section 7(a) of this chapter, a police officer or
former marshal employed by a municipality at the time the
municipality enters the 1977 fund under this section shall be a member
of the 1977 fund unless the police officer or former marshal elects to
continue as a member of the public employees' retirement fund. A
person may become a member of the 1977 fund under this subsection
without meeting the age limitation under section 7(a) of this chapter
only if the person satisfies:
(1) any aptitude, physical agility, or physical and mental standards
established by a local board under IC 36-8-3.2; and
(2) the minimum standards that are:
(A) adopted by the system board under section 19 of this
chapter; and
(B) in effect on the date the person becomes a member of the
1977 fund.
Credit for prior service of a person who becomes a member of the 1977
fund under this subsection shall be determined under section 18 or 18.1
of this chapter. No service credit beyond that allowed under section 18
or 18.1 of this chapter may be recognized under the 1977 fund.
(b) If a unit did not establish a 1937 fund for its firefighters, the unit
may participate in the public employees' retirement fund or it may
participate in the 1977 fund. If a unit established a 1937 fund for its
firefighters, the unit is and shall remain a participant in the 1977 fund.
(c) A unit that:
(1) has not established a pension fund for its firefighters; or
(2) is participating in the public employees' retirement fund under
subsection (b);
may participate in the 1977 fund upon approval by the fiscal body,
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notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
under this subsection must comply with section 21 of this chapter.
However, if a police officer or firefighter is a member of the public
employees' retirement fund, the police officer or firefighter may
continue as a member of that fund instead of the 1977 fund.
(d) If a unit that participates in the 1977 fund provides longevity
increases, the amount of the longevity increase provided in a year must
be greater than or equal to the amount of the longevity increase
provided in the previous year.
(e) An airport authority may participate in the 1977 fund. An airport
authority that participates in the 1977 fund under this subsection must
comply with section 21 of this chapter. However, if a police officer or
firefighter is a member of the public employees' retirement fund, the
police officer or firefighter may continue as a member of that fund
instead of the 1977 fund.
(f) A school corporation or charter school that:
(1) employs a school resource officer; or
(2) enters into a contract or memorandum of understanding
with a:
(A) local law enforcement agency;
(B) private entity; or
(C) nonprofit corporation;
to employ a school resource officer;
may participate in the 1977 fund. A school corporation or charter
school that participates in the 1977 fund under this subsection or
subsection (g) must comply with section 21.5 of this chapter.
However, if a school resource officer is a member of the public
employees' retirement fund, the school resource officer may
continue as a member of that fund instead of the 1977 fund.
(g) 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.
SECTION 11. IC 36-8-8-18, AS AMENDED BY P.L.170-2023,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 18. (a) Except as provided in subsection (b), if a
unit, or an airport authority, a school corporation, or a charter school
becomes a participant in the 1977 fund, credit for prior service by
police officers (including prior service as a full-time, fully paid town
marshal, full-time, fully paid deputy town marshal, full-time, fully paid
conservancy district marshal, or full-time, fully paid deputy
conservancy district marshal by a police officer employed by a
metropolitan board of police commissioners), or by firefighters, or by
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school resource officers before the date of participation may be given
by the system board only if:
(1) the amount necessary to fund the police officer's, or
firefighter's, or school resource officer's prior service liability is
contributed to the 1977 fund under an agreement that specifies
how much the unit, or the airport authority, school corporation,
or charter school is to contribute, if any, and how much the
police officer, or firefighter, or school resource officer is to
contribute, if any; and
(2) the amount that the police officers, or firefighters, or school
resource officers would have contributed if they had been
members of the 1977 fund during their prior service is paid to the
1977 fund under an agreement that specifies how much the unit,
or the airport authority, school corporation, or charter school is
to contribute, if any, and how much the police officer, or
firefighter, or school resource officer is to contribute, if any.
If the requirements of subdivisions (1) and (2) are not met, a fund
member is entitled to credit only for years of service after the date of
participation. Contributions under subdivisions (1) and (2) must be
paid in a lump sum or in installments over a period of not more than
thirty (30) years, the amount and period to be determined by the system
board. The periods determined by the system board under subdivisions
(1) and (2) for any installment payments may differ between the unit,
or the airport authority, the school corporation, or the charter school
and the police officers, or firefighters, or school resource officers and
between subdivisions (1) and (2).
(b) If a unit becomes a participant in the 1977 fund under section
3(c) of this chapter, if an airport authority becomes a participant in the
1977 fund under section 3(e) of this chapter, if a school corporation
or charter school becomes a member of the 1977 fund under
section 3(f) of this chapter, or if a firefighter becomes a member of
the 1977 fund under section 7(g) of this chapter, credit for prior service
before the date of participation or membership shall be given by the
system board as follows:
(1) For a member who will accrue twenty (20) years of service
credit in the 1977 fund by the time the member reaches the
earliest retirement age under the fund at the time of the member's
date of participation in the 1977 fund and who participated in
PERF as a police officer, a firefighter, or an emergency medical
technician, or a school resource officer, the member will be
given credit in the 1977 fund for one-third (1/3) of the member's
years of participation in PERF as a police officer, a firefighter, or
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an emergency medical technician, or a school resource officer.
(2) For a member who will accrue twenty (20) years of service
credit in the 1977 fund by the time the member reaches the
earliest retirement age under the fund at the time of the member's
date of participation in the 1977 fund and who did not participate
in a pension plan as a police officer, a firefighter, or an emergency
medical technician, or a school resource officer, the member
will be given credit in the 1977 fund for one-third (1/3) of the
member's years of prior service with the unit as a police officer,
a firefighter, or an emergency medical technician, or a school
resource officer only if:
(A) The amount necessary to fund the member's prior service
liability is contributed to the 1977 fund under an agreement
that specifies how much the unit, or the airport authority,
school corporation, or charter school is to contribute, if any,
and how much the member is to contribute, if any.
Contributions must be paid in a lump sum or in installments as
provided in clause (C). The amount of contributions must be
based on the actual salary earned by a first class patrolman or
a first class firefighter at the time the unit, or the airport
authority, the school corporation, or the charter school
becomes a participant in the 1977 fund, or the police officer,
or firefighter, or school resource officer becomes a member
of the 1977 fund, or if no such salary designation exists, the
actual salary earned by the police officer, or firefighter, or
school resource officer.
(B) The amount the police officer, or firefighter, or school
resource officer would have contributed if the police officer,
or firefighter, or school resource officer had been a member
of the 1977 fund during the police officer's, or firefighter's, or
school resource officer's prior service must be fully paid
under an agreement that specifies how much the unit, or the
airport authority, the school corporation, or the charter
school is to pay, if any, and how much the member is to pay,
if any. Contributions must be paid in a lump sum or in
installments as provided in clause (C). The amount of
contributions must be based on the police officer's, or
firefighter's, or school resource officer's actual salary earned
during that period before service can be credited under this
section.
(C) Any amortization schedule for contributions paid under
clause (A) and contributions to be paid under clause (B) must
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include interest at a rate determined by the system board. The
board shall determine the term of any amortization schedule
authorized under clauses (A) and (B), not to exceed ten (10)
years. The terms of the various amortization schedules
authorized under clauses (A) and (B) may differ.
(3) For a member who will not accrue twenty (20) years of service
credit in the 1977 fund by the time the member reaches the
earliest retirement age under the fund at the time of the member's
date of participation in the 1977 fund, credit for such prior service
shall be given only if:
(A) The amount necessary to fund the member's prior service
liability is contributed to the 1977 fund under an agreement
that specifies how much the unit, or the airport authority, the
school corporation, or the charter school is to contribute, if
any, and how much the member is to contribute, if any.
Contributions must be paid in a lump sum or in installments as
provided in clause (C). The amount of contributions must be
based on the actual salary earned by a first class patrolman or
a first class firefighter at the time the unit, or the airport
authority, the school corporation, or the charter school
becomes a participant in the 1977 fund, or the police officer,
or firefighter, or school resource officer becomes a member
of the 1977 fund, or if no such salary designation exists, the
actual salary earned by the police officer, or firefighter, or
school resource officer. The limit on credit for prior service
does not apply to a firefighter if the firefighter was a member
of the 1937 fund or 1977 fund whose participation was
terminated due to the creation of a new fire protection district
under IC 36-8-11-5 and who subsequently became a member
of the 1977 fund. A firefighter who was a member of or
reentered the 1937 fund or 1977 fund whose participation was
terminated due to the creation of a new fire protection district
under IC 36-8-11-5 is entitled to full credit for prior service in
an amount equal to the firefighter's years of service before
becoming a member of or reentering the 1977 fund. Service
may only be credited for time as a full-time, fully paid police
officer, firefighter, or emergency medical technician under
section 7(g) of this chapter, or school resource officer.
(B) The amount the police officer, or firefighter, or school
resource officer would have contributed if the police officer,
or firefighter, or school resource officer had been a member
of the 1977 fund during the police officer's, or firefighter's, or
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school resource officer's prior service must be fully paid
under an agreement that specifies how much the unit, or the
airport authority, the school corporation, or the charter
school is to pay and how much the member is to pay.
Contributions must be paid in a lump sum or in installments as
provided in clause (C). The amount of contributions must be
based on the police officer's, or firefighter's, or school
resource officer's actual salary earned during that period
before service can be credited under this section.
(C) Any amortization schedule for contributions paid under
clause (A) and contributions to be paid under clause (B) must
include interest at a rate determined by the system board. The
board shall determine the term of any amortization schedule
authorized under clauses (A) and (B), not to exceed ten (10)
years. The terms of the various amortization schedules
authorized under clauses (A) and (B) may differ.
(4) If, at the time a unit, or an airport authority, a school
corporation, or a charter school entered the 1977 fund, a fund
member received the maximum prior service credit allowed by
subdivision (3) and, at a later date, the earliest retirement age was
lowered, the unit, or the airport authority, the school
corporation, or the charter school or the fund member, or both,
the unit, or airport authority, and the fund member, may
contribute to the 1977 fund on the fund member's behalf an
additional amount that is determined in the same manner as under
subdivision (3) with respect to the additional prior service, if any,
available as a result of the lower retirement age. If the additional
amount described in this subdivision is paid in accordance with
the requirements of subdivision (3), the fund member shall
receive the additional service credit necessary for the fund
member to retire at the lower earliest retirement age.
(c) This subsection applies to a unit that:
(1) becomes a participant in the 1977 fund under section 3(c) of
this chapter; and
(2) is a fire protection district created under IC 36-8-11 that
includes a township or a municipality that had a 1937 fund.
A firefighter who continues uninterrupted service with a unit covered
by this subsection and who participated in the township or municipality
1937 fund is entitled to receive service credit for such service in the
1977 fund. However, credit for such service is limited to the amount
accrued by the firefighter in the 1937 fund or the amount necessary to
allow the firefighter to accrue twenty (20) years of service credit in the
HEA 1104 — Concur 15
1977 fund by the time the firefighter becomes fifty-two (52) years of
age, whichever is less.
(d) A unit to which subsection (c) applies shall contribute into the
1977 fund the amount necessary to fund the amount of past service
determined in accordance with subsection (c), amortized over a period
not to exceed ten (10) years with interest at a rate determined by the
system board.
(e) If the township or municipality has accumulated money in its
1937 fund, any amount accumulated that exceeds the present value of
all projected future benefits from the 1937 plan shall be paid by the
township or municipality to the unit for the sole purpose of making the
contributions determined in subsection (d).
(f) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the 1977 fund may accept, on behalf of a fund
member who is purchasing permissive service credit under this chapter,
a rollover of a distribution from any of the following:
(1) A qualified plan described in Section 401(a) or Section 403(a)
of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b) of
the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a political
subdivision of a state, or an agency or instrumentality of a state or
political subdivision of a state under Section 457(b) of the
Internal Revenue Code.
(4) An individual retirement account or annuity described in
Section 408(a) or Section 408(b) of the Internal Revenue Code.
(g) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the 1977 fund may accept, on behalf of a fund
member who is purchasing permissive service credit under this chapter,
a trustee to trustee transfer from any of the following:
(1) An annuity contract or account described in Section 403(b) of
the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section 457(b)
of the Internal Revenue Code.
SECTION 12. IC 36-8-8-18.1, AS AMENDED BY P.L.170-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 18.1. (a) As used in this section, "police officer"
includes a former full-time, fully paid:
(1) town marshal;
(2) deputy town marshal;
(3) conservancy district marshal; or
(4) deputy conservancy district marshal;
HEA 1104 — Concur 16
who is employed as a police officer by a metropolitan board of police
commissioners.
(b) If a unit, or an airport authority, a school corporation, or a
charter school becomes a participant in the 1977 fund and the unit, or
the airport authority, the school corporation, or the charter school
previously covered police officers, firefighters, or emergency medical
technicians, or school resource officers in PERF, or if the employees
of the unit become members of the 1977 fund under section 7(g) of this
chapter, the following provisions apply:
(1) A minimum benefit applies to members electing to transfer or
being transferred to the 1977 fund from PERF. The minimum
benefit, payable at age fifty-two (52), for such a member equals
the actuarial equivalent of the vested retirement benefit payable
to the member upon normal retirement under IC 5-10.2-4-1 as of
the day before the transfer, based solely on:
(A) creditable service;
(B) the average of the annual compensation; and
(C) the amount credited to the annuity savings account;
of the transferring member as of the day before the transfer under
IC 5-10.2 and IC 5-10.3.
(2) The system board shall transfer from PERF to the 1977 fund
the amount credited to the annuity savings accounts that is
necessary for the purchase of service credit and the present value
of benefits attributable to the transferring members.
(3) The amount the unit, or the airport authority, the school
corporation, or the charter school and the member must
contribute to the 1977 fund under section 18 of this chapter, if any
service credit is to be given under that section, will be reduced by
the amounts transferred to the 1977 fund by the system board
under subdivision (2).
(4) Credit for prior service in PERF of a member as a police
officer, a firefighter, or an emergency medical technician, or a
school resource officer is waived in PERF. Any credit for that
service under the 1977 fund shall only be given in accordance
with section 18 of this chapter.
(5) Credit for prior service in PERF of a member, other than as a
police officer, a firefighter, or an emergency medical technician,
or a school resource officer remains in PERF and may not be
credited under the 1977 fund.
SECTION 13. IC 36-8-8-21.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 21.5. (a) This section applies to a
HEA 1104 — Concur 17
school resource officer that becomes or remains a member of the
1977 fund under section 3(f) or 3(g) of this chapter.
(b) A school resource officer is a member of the 1977 fund if the
school resource officer:
(1) meets the age limitation under section 7(a) of this chapter;
(2) passes the baseline statewide physical and mental
examinations required under section 19 of this chapter; and
(3) meets the training requirements under IC 20-26-18.2-1.
(c) Credit for prior service of a school resource officer who
becomes a member of the 1977 fund under this section shall be
determined under section 18 or 18.1 of this chapter. No service
credit beyond that allowed under section 18 or 18.1 of this chapter
may be recognized under the 1977 fund.
HEA 1104 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1104 — Concur