Indiana 2024 Regular Session

Indiana House Bill HB1104 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1104.3
	2	+	Reprinted
	3	+	February 28, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1104
	6	+	_____
	7	+	DIGEST OF HB 1104 (Updated February 27, 2024 3:25 pm - DI 143)
	8	+	Citations Affected: IC 10-21; IC 20-26; IC 20-34; IC 36-8.
	9	+	Synopsis: School safety. Provides that a school safety plan developed
	10	+	by a school corporation or charter school must establish an armed
	11	+	intruder drill protocol. Requires safe school committees to develop a
	12	+	(Continued next page)
	13	+	Effective: July 1, 2024.
	14	+	Davis, McNamara, Criswell, Pfaff
	15	+	(SENATE SPONSORS — DEERY, CARRASCO)
	16	+	January 8, 2024, read first time and referred to Committee on Education.
	17	+	January 18, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
	18	+	Means pursuant to Rule 127.
	19	+	January 25, 2024, amended, reported — Do Pass.
	20	+	January 29, 2024, read second time, ordered engrossed.
	21	+	January 30, 2024, engrossed. Read third time, passed. Yeas 96, nays 0.
	22	+	SENATE ACTION
	23	+	February 7, 2024, read first time and referred to Committee on Education and Career
	24	+	Development.
	25	+	February 15, 2024, reported favorably — Do Pass; reassigned to Committee on
	26	+	Appropriations.
	27	+	February 22, 2024, reported favorably — Do Pass.
	28	+	February 27, 2024, read second time, amended, ordered engrossed.
	29	+	EH 1104—LS 6812/DI 143 Digest Continued
	30	+	policy that considers the effect of armed intruder drills on the safety
	31	+	and mental health of students, faculty, and staff. Prohibits an armed
	32	+	intruder drill that includes sensory components or activities from: (1)
	33	+	requiring student participation; or (2) taking place during regular
	34	+	school hours if a majority of the student body is present on school
	35	+	property. Allows a school corporation or charter school that: (1)
	36	+	employs a school resource officer; or (2) enters into a contract or a
	37	+	memorandum of understanding with a local law enforcement agency,
	38	+	private entity, or nonprofit corporation to employ a school resource
	39	+	officer; to participate in the 1977 fund. Provides that a school resource
	40	+	officer hired or rehired after June 30, 2024, who is a member of the
	41	+	1977 fund shall remain in the 1977 fund. Provides that a school
	42	+	resource officer may become a member of the 1977 fund by meeting
	43	+	certain age and training requirements. Makes corresponding changes.
	44	+	EH 1104—LS 6812/DI 143EH 1104—LS 6812/DI 143 Reprinted
	45	+	February 28, 2024
1	46		Second Regular Session of the 123rd General Assembly (2024)
2	47		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	48		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	49		additions will appear in this style type, and deletions will appear in this style type.
5	50		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	51		provision adopted), the text of the new provision will appear in this style type. Also, the
7	52		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	53		a new provision to the Indiana Code or the Indiana Constitution.
9	54		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	55		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1104
12		-	AN ACT to amend the Indiana Code concerning education.
	56	+	ENGROSSED
	57	+	HOUSE BILL No. 1104
	58	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	59	+	education.
13	60		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 10-21-1-10, AS ADDED BY P.L.150-2023,
15		-	SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 10. (a) A school corporation shall develop a
17		-	school safety plan in accordance with subsection (c) for review as
18		-	described in section 11 of this chapter.
19		-	(b) Each charter school shall develop a school safety plan in
20		-	accordance with subsection (c) for review as described in section 11 of
21		-	this chapter. A charter school in operation on July 1, 2023, shall
22		-	comply with this subsection on or before July 1, 2024.
23		-	(c) The school safety plan:
24		-	(1) must be developed by a school safety specialist and the
25		-	school's safe school committee, including a school resource
26		-	officer if one (1) is employed by the school corporation or charter
27		-	school, in consultation with the:
28		-	(A) law enforcement agency; and
29		-	(B) fire department;
30		-	that have jurisdiction over the particular school building;
31		-	(2) must:
32		-	(A) protect against outside and internal threats to the physical
33		-	safety of students, faculty, staff, and the public, including
34		-	unsafe conditions, crime prevention, school violence, bullying
35		-	and cyberbullying, criminal organization activity, child abuse
36		-	HEA 1104 — Concur 2
37		-	and child sexual abuse, mental health and behavioral health,
38		-	suicide awareness and prevention, violence prevention and
39		-	training, situational awareness, and other issues that prevent
40		-	the maintenance of a safe school;
41		-	(B) prevent unauthorized access to school property and
42		-	interior areas or rooms, including the management of
43		-	authorized visitors on school property, before, during, and
44		-	after regular school hours;
45		-	(C) secure schools against natural and manmade disasters,
46		-	including all emergency preparedness drill requirements set
47		-	forth in IC 20-34-3-20;
48		-	(D) establish an armed intruder drill protocol that:
49		-	(i) provides accommodations for students who have
50		-	mobility restrictions, sensory needs, or auditory or visual
51		-	limitations;
52		-	(ii) emphasizes the practical nature of the drill;
53		-	(iii) provides access to mental health services on school
54		-	grounds following the conclusion of a drill;
55		-	(iv) provides advance notice of a drill to parents or legal
56		-	guardians of students who attend the school; and
57		-	(v) provides alternative exercises for students who are
58		-	unable to participate in a drill;
59		-	(D) (E) include a site vulnerability assessment for each school
60		-	building;
61		-	(E) (F) not later than July 1, 2025, include the establishment
62		-	of a multi-disciplinary threat assessment team;
63		-	(F) (G) include measures to expedite notification of first
64		-	responders and access to school property for first responders;
65		-	and
66		-	(G) (H) include any additional requirements required by the
67		-	Indiana state board of education;
68		-	(3) must be provided to a member of the board if a member
69		-	requests the school safety plan;
70		-	(4) must be available for inspection by the department of
71		-	education's division of school building physical security and
72		-	safety (as established by IC 20-19-3-14);
73		-	(5) must be provided to the law enforcement agency and the fire
74		-	department that have jurisdiction over the school corporation or
75		-	charter school;
76		-	(6) must include an attestation that:
77		-	(A) a copy of the floor plans for each building located on the
78		-	school's property were provided to the law enforcement agency
79		-	HEA 1104 — Concur 3
80		-	and the fire department that have jurisdiction over the school
81		-	corporation or charter school that clearly indicates each
82		-	entrance and exit, the interior rooms and hallways, and the
83		-	location of any hazardous materials located in the building; or
84		-	(B) the school corporation or charter school has conducted
85		-	critical incidence digital mapping for each school building
86		-	within the school corporation or the buildings that are operated
87		-	by a charter school, including providing the critical incidence
88		-	digital mapping information to:
89		-	(i) the law enforcement agency and fire department that
90		-	have jurisdiction over the mapped school buildings; and
91		-	(ii) the statewide 911 system described in IC 36-8-16.7-22
92		-	through the public safety answer point, or "PSAP",
93		-	described in IC 36-8-16.7-20 that has jurisdiction over the
94		-	mapped school buildings; and
95		-	(7) must be filed with the county school safety commission under
96		-	section 12 of this chapter having jurisdiction over the school
97		-	corporation or charter school.
98		-	(d) For purposes of IC 5-14-3, the entities specified in subsection (c)
99		-	that receive information under this section shall keep the information
100		-	compiled and retained under this section confidential and shall
101		-	withhold the information from public disclosure.
102		-	SECTION 2. IC 10-21-1-14, AS ADDED BY P.L.150-2023,
103		-	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104		-	JULY 1, 2024]: Sec. 14. (a) Each school operated by a school
105		-	corporation shall establish a safe school committee. The committee
106		-	may be a subcommittee of the committee that develops the strategic
107		-	and continuous school improvement and achievement plan under
108		-	IC 20-31-5. Each committee may include at least one (1) member who
109		-	is a member of the support staff of the school or school corporation
110		-	career and technical education school.
111		-	(b) Each school operated by a charter school shall establish a safe
112		-	school committee. A charter school in operation on July 1, 2023, shall
113		-	comply with this subsection not later than July 1, 2024.
114		-	(c) The safe school committee shall actively participate in and assist
115		-	with the development of the school safety plan.
116		-	(d) The department of education, the school corporation's or charter
117		-	school's school safety specialist or specialists, and a school resource
118		-	officer, if one (1) is employed by the school corporation or charter
119		-	school, shall provide materials and guidelines to assist a safe school
120		-	committee in developing a policy for a particular school that addresses
121		-	the following issues:
122		-	HEA 1104 — Concur 4
123		-	(1) Implementation of the school safety plan.
124		-	(2) Addressing outside and internal threats to the physical safety
125		-	of students, faculty, staff, and the public, including unsafe
126		-	conditions, crime prevention, school violence, bullying and
127		-	cyberbullying, criminal organization activity, child abuse and
128		-	child sexual abuse, mental health and behavioral health, suicide
129		-	awareness and prevention, violence prevention and training,
130		-	situational awareness, and other issues that prevent the
131		-	maintenance of a safe school.
132		-	(3) Addressing the professional development needs for faculty
133		-	and staff to implement methods that decrease problems identified
134		-	under subdivision (2).
135		-	(4) Identifying and implementing methods to encourage:
136		-	(A) involvement by the community, families, and students;
137		-	(B) development of relationships between students and school
138		-	faculty and staff; and
139		-	(C) use of problem solving teams.
140		-	(5) Consideration of the effect of armed intruder drills on the
141		-	safety and mental health of students, faculty, and staff.
142		-	(e) The guidelines developed under subsection (d) must include age
143		-	appropriate, research trauma informed, evidence based information
144		-	(as defined in 34 U.S.C. 10554(4)) that assists school corporations or
145		-	charter schools and safe school committees in:
146		-	(1) developing and implementing bullying and cyberbullying
147		-	prevention programs;
148		-	(2) establishing investigation and reporting procedures related to
149		-	bullying and cyberbullying; and
150		-	(3) adopting discipline rules that comply with IC 20-33-8-13.5.
151		-	(f) In addition to developing guidelines under subsection (d), the
152		-	department of education shall establish categories of types of bullying
153		-	incidents to allow school corporations to use the categories in making
154		-	reports under IC 20-20-8-8 and IC 20-34-6-1.
155		-	(g) The materials and guidelines provided under subsection (d) must
156		-	include the model educational materials and model response policies
157		-	and reporting procedures on child abuse and child sexual abuse
158		-	developed or identified under IC 20-19-3-11.
159		-	SECTION 3. IC 20-26-5-42.5, AS ADDED BY P.L.218-2023,
	61	+	1 SECTION 1. IC 10-21-1-10, AS ADDED BY P.L.150-2023,
	62	+	2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	63	+	3 JULY 1, 2024]: Sec. 10. (a) A school corporation shall develop a
	64	+	4 school safety plan in accordance with subsection (c) for review as
	65	+	5 described in section 11 of this chapter.
	66	+	6 (b) Each charter school shall develop a school safety plan in
	67	+	7 accordance with subsection (c) for review as described in section 11 of
	68	+	8 this chapter. A charter school in operation on July 1, 2023, shall
	69	+	9 comply with this subsection on or before July 1, 2024.
	70	+	10 (c) The school safety plan:
	71	+	11 (1) must be developed by a school safety specialist and the
	72	+	12 school's safe school committee, including a school resource
	73	+	13 officer if one (1) is employed by the school corporation or charter
	74	+	14 school, in consultation with the:
	75	+	15 (A) law enforcement agency; and
	76	+	16 (B) fire department;
	77	+	17 that have jurisdiction over the particular school building;
	78	+	EH 1104—LS 6812/DI 143 2
	79	+	1 (2) must:
	80	+	2 (A) protect against outside and internal threats to the physical
	81	+	3 safety of students, faculty, staff, and the public, including
	82	+	4 unsafe conditions, crime prevention, school violence, bullying
	83	+	5 and cyberbullying, criminal organization activity, child abuse
	84	+	6 and child sexual abuse, mental health and behavioral health,
	85	+	7 suicide awareness and prevention, violence prevention and
	86	+	8 training, situational awareness, and other issues that prevent
	87	+	9 the maintenance of a safe school;
	88	+	10 (B) prevent unauthorized access to school property and
	89	+	11 interior areas or rooms, including the management of
	90	+	12 authorized visitors on school property, before, during, and
	91	+	13 after regular school hours;
	92	+	14 (C) secure schools against natural and manmade disasters,
	93	+	15 including all emergency preparedness drill requirements set
	94	+	16 forth in IC 20-34-3-20;
	95	+	17 (D) establish an armed intruder drill protocol that:
	96	+	18 (i) provides accommodations for students who have
	97	+	19 mobility restrictions, sensory needs, or auditory or visual
	98	+	20 limitations;
	99	+	21 (ii) emphasizes the practical nature of the drill;
	100	+	22 (iii) provides access to mental health services on school
	101	+	23 grounds following the conclusion of a drill;
	102	+	24 (iv) provides advance notice of a drill to parents or legal
	103	+	25 guardians of students who attend the school; and
	104	+	26 (v) provides alternative exercises for students who are
	105	+	27 unable to participate in a drill;
	106	+	28 (D) (E) include a site vulnerability assessment for each school
	107	+	29 building;
	108	+	30 (E) (F) not later than July 1, 2025, include the establishment
	109	+	31 of a multi-disciplinary threat assessment team;
	110	+	32 (F) (G) include measures to expedite notification of first
	111	+	33 responders and access to school property for first responders;
	112	+	34 and
	113	+	35 (G) (H) include any additional requirements required by the
	114	+	36 Indiana state board of education;
	115	+	37 (3) must be provided to a member of the board if a member
	116	+	38 requests the school safety plan;
	117	+	39 (4) must be available for inspection by the department of
	118	+	40 education's division of school building physical security and
	119	+	41 safety (as established by IC 20-19-3-14);
	120	+	42 (5) must be provided to the law enforcement agency and the fire
	121	+	EH 1104—LS 6812/DI 143 3
	122	+	1 department that have jurisdiction over the school corporation or
	123	+	2 charter school;
	124	+	3 (6) must include an attestation that:
	125	+	4 (A) a copy of the floor plans for each building located on the
	126	+	5 school's property were provided to the law enforcement agency
	127	+	6 and the fire department that have jurisdiction over the school
	128	+	7 corporation or charter school that clearly indicates each
	129	+	8 entrance and exit, the interior rooms and hallways, and the
	130	+	9 location of any hazardous materials located in the building; or
	131	+	10 (B) the school corporation or charter school has conducted
	132	+	11 critical incidence digital mapping for each school building
	133	+	12 within the school corporation or the buildings that are operated
	134	+	13 by a charter school, including providing the critical incidence
	135	+	14 digital mapping information to:
	136	+	15 (i) the law enforcement agency and fire department that
	137	+	16 have jurisdiction over the mapped school buildings; and
	138	+	17 (ii) the statewide 911 system described in IC 36-8-16.7-22
	139	+	18 through the public safety answer point, or "PSAP",
	140	+	19 described in IC 36-8-16.7-20 that has jurisdiction over the
	141	+	20 mapped school buildings; and
	142	+	21 (7) must be filed with the county school safety commission under
	143	+	22 section 12 of this chapter having jurisdiction over the school
	144	+	23 corporation or charter school.
	145	+	24 (d) For purposes of IC 5-14-3, the entities specified in subsection (c)
	146	+	25 that receive information under this section shall keep the information
	147	+	26 compiled and retained under this section confidential and shall
	148	+	27 withhold the information from public disclosure.
	149	+	28 SECTION 2. IC 10-21-1-14, AS ADDED BY P.L.150-2023,
	150	+	29 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	151	+	30 JULY 1, 2024]: Sec. 14. (a) Each school operated by a school
	152	+	31 corporation shall establish a safe school committee. The committee
	153	+	32 may be a subcommittee of the committee that develops the strategic
	154	+	33 and continuous school improvement and achievement plan under
	155	+	34 IC 20-31-5. Each committee may include at least one (1) member who
	156	+	35 is a member of the support staff of the school or school corporation
	157	+	36 career and technical education school.
	158	+	37 (b) Each school operated by a charter school shall establish a safe
	159	+	38 school committee. A charter school in operation on July 1, 2023, shall
	160	+	39 comply with this subsection not later than July 1, 2024.
	161	+	40 (c) The safe school committee shall actively participate in and assist
	162	+	41 with the development of the school safety plan.
	163	+	42 (d) The department of education, the school corporation's or charter
	164	+	EH 1104—LS 6812/DI 143 4
	165	+	1 school's school safety specialist or specialists, and a school resource
	166	+	2 officer, if one (1) is employed by the school corporation or charter
	167	+	3 school, shall provide materials and guidelines to assist a safe school
	168	+	4 committee in developing a policy for a particular school that addresses
	169	+	5 the following issues:
	170	+	6 (1) Implementation of the school safety plan.
	171	+	7 (2) Addressing outside and internal threats to the physical safety
	172	+	8 of students, faculty, staff, and the public, including unsafe
	173	+	9 conditions, crime prevention, school violence, bullying and
	174	+	10 cyberbullying, criminal organization activity, child abuse and
	175	+	11 child sexual abuse, mental health and behavioral health, suicide
	176	+	12 awareness and prevention, violence prevention and training,
	177	+	13 situational awareness, and other issues that prevent the
	178	+	14 maintenance of a safe school.
	179	+	15 (3) Addressing the professional development needs for faculty
	180	+	16 and staff to implement methods that decrease problems identified
	181	+	17 under subdivision (2).
	182	+	18 (4) Identifying and implementing methods to encourage:
	183	+	19 (A) involvement by the community, families, and students;
	184	+	20 (B) development of relationships between students and school
	185	+	21 faculty and staff; and
	186	+	22 (C) use of problem solving teams.
	187	+	23 (5) Consideration of the effect of armed intruder drills on the
	188	+	24 safety and mental health of students, faculty, and staff.
	189	+	25 (e) The guidelines developed under subsection (d) must include age
	190	+	26 appropriate, research trauma informed, evidence based information
	191	+	27 (as defined in 34 U.S.C. 10554(4)) that assists school corporations or
	192	+	28 charter schools and safe school committees in:
	193	+	29 (1) developing and implementing bullying and cyberbullying
	194	+	30 prevention programs;
	195	+	31 (2) establishing investigation and reporting procedures related to
	196	+	32 bullying and cyberbullying; and
	197	+	33 (3) adopting discipline rules that comply with IC 20-33-8-13.5.
	198	+	34 (f) In addition to developing guidelines under subsection (d), the
	199	+	35 department of education shall establish categories of types of bullying
	200	+	36 incidents to allow school corporations to use the categories in making
	201	+	37 reports under IC 20-20-8-8 and IC 20-34-6-1.
	202	+	38 (g) The materials and guidelines provided under subsection (d) must
	203	+	39 include the model educational materials and model response policies
	204	+	40 and reporting procedures on child abuse and child sexual abuse
	205	+	41 developed or identified under IC 20-19-3-11.
	206	+	42 SECTION 3. IC 20-26-5-42.5, AS ADDED BY P.L.218-2023,
	207	+	EH 1104—LS 6812/DI 143 5
	208	+	1 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	209	+	2 JULY 1, 2024]: Sec. 42.5. (a) Notwithstanding any other law or
	210	+	3 provision, a public school, including a charter school, or a state
	211	+	4 accredited nonpublic school may not conduct a training or drill for an
	212	+	5 employee of the school that includes as any part of the training or drill
	213	+	6 sensory components or activities (as defined in IC 20-34-3-27) or
	214	+	7 the expelling of any type of projectile at the employee unless:
	215	+	8 (1) the school informs the employee of the use of sensory
	216	+	9 components or activities (as defined in IC 20-34-3-27) or the
	217	+	10 use of projectiles in the training or drill; and
	218	+	11 (2) the employee provides the school with written consent to
	219	+	12 participate in training or a drill involving the use of sensory
	220	+	13 components or activities (as defined in IC 20-34-3-27) or the
	221	+	14 use of projectiles.
	222	+	15 (b) Notwithstanding any other law or provision, a public school,
	223	+	16 charter school, or state accredited nonpublic school may not conduct
	224	+	17 or approve of any training or a drill for a student of the school that
	225	+	18 includes as any part of the training or drill the expelling of any type of
	226	+	19 projectile at a student.
	227	+	20 SECTION 4. IC 20-34-3-20, AS AMENDED BY P.L.150-2023,
	228	+	21 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	229	+	22 JULY 1, 2024]: Sec. 20. (a) The governing body of a school
	230	+	23 corporation and an organizer of a charter school shall require each
	231	+	24 school in the governing body's jurisdiction or organizer's responsibility
	232	+	25 to conduct periodic emergency preparedness drills during the school
	233	+	26 year in compliance with rules adopted under IC 4-22-2 by the state
	234	+	27 board.
	235	+	28 (b) Each school and attendance center shall conduct at least:
	236	+	29 (1) one (1) tornado preparedness drill; and
	237	+	30 (2) one (1) manmade occurrence disaster drill;
	238	+	31 during each semester.
	239	+	32 (c) At least one (1) manmade occurrence disaster drill required
	240	+	33 under subsection (b) must be an active shooter armed intruder drill
	241	+	34 and must be conducted in conformity with the requirements of
	242	+	35 section 27 of this chapter and within ninety (90) calendar days after
	243	+	36 the beginning of the school year.
	244	+	37 (d) Each:
	245	+	38 (1) state accredited nonpublic school; and
	246	+	39 (2) charter school;
	247	+	40 must conduct at least one (1) active shooter armed intruder drill in
	248	+	41 conformity with the requirements of section 27 of this chapter
	249	+	42 during each school year.
	250	+	EH 1104—LS 6812/DI 143 6
	251	+	1 (e) Notwithstanding rules established by the state fire marshal under
	252	+	2 IC 12-17-12-19, a drill conducted under subsection (b) may be
	253	+	3 conducted instead of a periodic or monthly fire evacuation drill
	254	+	4 requirement established by the state fire marshal. However, a drill
	255	+	5 conducted under subsection (b) may not be made:
	256	+	6 (1) instead of more than two (2) periodic or monthly fire
	257	+	7 evacuation drills in a particular school semester; and
	258	+	8 (2) in two (2) consecutive months.
	259	+	9 (f) The governing body of a school corporation or an organizer of a
	260	+	10 charter school may direct schools to conduct emergency preparedness
	261	+	11 drills in addition to those required under subsection (b).
	262	+	12 (g) The governing body of a school corporation or organizer of a
	263	+	13 charter school shall require each principal to file a certified statement
	264	+	14 that all drills have been conducted as required under this section.
	265	+	15 SECTION 5. IC 20-34-3-27 IS ADDED TO THE INDIANA CODE
	266	+	16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	267	+	17 1, 2024]: Sec. 27. (a) As used in this section, "sensory components
	268	+	18 or activities" refers to aspects of an armed intruder drill intended
	269	+	19 to simulate a real armed intruder scenario that include:
	270	+	20 (1) simulations of gunfire;
	271	+	21 (2) simulations of gunshot wounds or other injuries;
	272	+	22 (3) the use of a prop firearm;
	273	+	23 (4) the use of a pellet gun; or
	274	+	24 (5) participation in the drill by law enforcement personnel
	275	+	25 with drawn firearms.
	276	+	26 (b) An armed intruder drill conducted under section 20 of this
	277	+	27 chapter that includes sensory components or activities may not:
	278	+	28 (1) require student participation; or
	279	+	29 (2) take place during regular school hours if a majority of the
	280	+	30 student body is present on school property.
	281	+	31 SECTION 6. IC 36-8-8-1, AS AMENDED BY P.L.102-2023,
	282	+	32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	283	+	33 JULY 1, 2024]: Sec. 1. This chapter applies to:
	284	+	34 (1) full-time police officers hired or rehired after April 30, 1977,
	285	+	35 in all municipalities, or who converted their benefits under
	286	+	36 IC 19-1-17.8-7 (repealed September 1, 1981);
	287	+	37 (2) full-time fully paid firefighters hired or rehired after April 30,
	288	+	38 1977, or who converted their benefits under IC 19-1-36.5-7
	289	+	39 (repealed September 1, 1981);
	290	+	40 (3) a police matron hired or rehired after April 30, 1977, and
	291	+	41 before July 1, 1996, who is a member of a police department in a
	292	+	42 second or third class city on March 31, 1996;
	293	+	EH 1104—LS 6812/DI 143 7
	294	+	1 (4) a park ranger who:
	295	+	2 (A) completed at least the number of weeks of training at the
	296	+	3 Indiana law enforcement academy or a comparable law
	297	+	4 enforcement academy in another state that were required at the
	298	+	5 time the park ranger attended the Indiana law enforcement
	299	+	6 academy or the law enforcement academy in another state;
	300	+	7 (B) graduated from the Indiana law enforcement academy or
	301	+	8 a comparable law enforcement academy in another state; and
	302	+	9 (C) is employed by the parks department of a city having a
	303	+	10 population of more than one hundred ten thousand (110,000)
	304	+	11 and less than one hundred fifty thousand (150,000);
	305	+	12 (5) a full-time fully paid firefighter who is covered by this chapter
	306	+	13 before the effective date of consolidation and becomes a member
	307	+	14 of the fire department of a consolidated city under IC 36-3-1-6.1,
	308	+	15 provided that the firefighter's service as a member of the fire
	309	+	16 department of a consolidated city is considered active service
	310	+	17 under this chapter;
	311	+	18 (6) except as otherwise provided, a full-time fully paid firefighter
	312	+	19 who is hired or rehired after the effective date of the consolidation
	313	+	20 by a consolidated fire department established under
	314	+	21 IC 36-3-1-6.1;
	315	+	22 (7) a full-time police officer who is covered by this chapter before
	316	+	23 the effective date of consolidation and becomes a member of the
	317	+	24 consolidated law enforcement department as part of the
	318	+	25 consolidation under IC 36-3-1-5.1, provided that the officer's
	319	+	26 service as a member of the consolidated law enforcement
	320	+	27 department is considered active service under this chapter;
	321	+	28 (8) except as otherwise provided, a full-time police officer who is
	322	+	29 hired or rehired after the effective date of the consolidation by a
	323	+	30 consolidated law enforcement department established under
	324	+	31 IC 36-3-1-5.1;
	325	+	32 (9) a veteran described in IC 36-8-4.7; and
	326	+	33 (10) a full-time police officer or full-time fully paid firefighter
	327	+	34 who is employed by an airport authority; and
	328	+	35 (11) a full-time school resource officer;
	329	+	36 except as provided by section 7 of this chapter.
	330	+	37 SECTION 7. IC 36-8-8-2, AS AMENDED BY P.L.102-2023,
	331	+	38 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	332	+	39 JULY 1, 2024]: Sec. 2. As used in this chapter, "employer" means:
	333	+	40 (1) a municipality that established a 1925 or 1953 fund or that
	334	+	41 participates in the 1977 fund under section 3 or 18 of this chapter;
	335	+	42 (2) a unit that established a 1937 fund or that participates in the
	336	+	EH 1104—LS 6812/DI 143 8
	337	+	1 1977 fund under section 3 or 18 of this chapter;
	338	+	2 (3) a consolidated city that consolidated the fire departments of
	339	+	3 units that:
	340	+	4 (A) established a 1937 fund; or
	341	+	5 (B) participated in the 1977 fund;
	342	+	6 before the units' consolidation into the fire department of a
	343	+	7 consolidated city established by IC 36-3-1-6.1;
	344	+	8 (4) a consolidated city that establishes a consolidated law
	345	+	9 enforcement department under IC 36-3-1-5.1; or
	346	+	10 (5) an airport authority that participates in the 1977 fund under
	347	+	11 section 3 of this chapter; or
	348	+	12 (6) a school corporation or charter school that participates in
	349	+	13 the 1977 fund under section 3 of this chapter.
	350	+	14 SECTION 8. IC 36-8-8-2.1, AS AMENDED BY P.L.102-2023,
	351	+	15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	352	+	16 JULY 1, 2024]: Sec. 2.1. (a) As used in this chapter, "local board"
	353	+	17 means the following:
	354	+	18 (1) For a unit that established a 1925 fund for its police officers,
	355	+	19 the local board described in IC 36-8-6-2.
	356	+	20 (2) For a unit that established a 1937 fund for its firefighters, the
	357	+	21 local board described in IC 36-8-7-3.
	358	+	22 (3) For a consolidated city that established a 1953 fund for its
	359	+	23 police officers, the local board described in IC 36-8-7.5-2.
	360	+	24 (4) For a unit, other than a consolidated city, that did not establish
	361	+	25 a 1925 fund for its police officers or a 1937 fund for its
	362	+	26 firefighters, the local board described in subsection (b) or (c).
	363	+	27 (5) For an airport authority, the board of an airport authority.
	364	+	28 (6) For a school resource officer, the local board described in
	365	+	29 subdivisions (1) through (4) that manages the fund established
	366	+	30 in the unit or the consolidated city in which the:
	367	+	31 (A) territory of the school corporation; or
	368	+	32 (B) charter school;
	369	+	33 is located. However, if more than one (1) local board is applicable
	370	+	34 under this subdivision, the governing body of the school
	371	+	35 corporation or the equivalent authority for the charter school that
	372	+	36 employs or contracts to employ the school resource officer may
	373	+	37 choose the applicable local board with respect to the school
	374	+	38 resource officer.
	375	+	39 (b) If a unit did not establish a 1925 fund for its police officers, a
	376	+	40 local board shall be composed in the same manner described in
	377	+	41 IC 36-8-6-2(b). However, if there is not a retired member of the
	378	+	42 department, no one shall be appointed to that position until such time
	379	+	EH 1104—LS 6812/DI 143 9
	380	+	1 as there is a retired member.
	381	+	2 (c) If a unit did not establish a 1937 fund for its firefighters, a local
	382	+	3 board shall be composed in the same manner described in
	383	+	4 IC 36-8-7-3(b). However, if there is not a retired member of the
	384	+	5 department, no one shall be appointed to that position until such time
	385	+	6 as there is a retired member.
	386	+	7 SECTION 9. IC 36-8-8-2.2 IS ADDED TO THE INDIANA CODE
	387	+	8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	388	+	9 1, 2024]: Sec. 2.2. As used in this chapter, "school resource officer"
	389	+	10 has the meaning set forth in IC 20-26-18.2-1.
	390	+	11 SECTION 10. IC 36-8-8-3, AS AMENDED BY P.L.102-2023,
	391	+	12 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	392	+	13 JULY 1, 2024]: Sec. 3. (a) If a town establishes a board of metropolitan
	393	+	14 police commissioners, or if a town becomes a city, the municipality
	394	+	15 shall participate in the 1977 fund and shall enroll all full-time police
	395	+	16 officers and firefighters in the 1977 fund. However, if a police officer
	396	+	17 or former marshal is a member of the public employees' retirement
	397	+	18 fund, the police officer or former marshal may continue as a member
	398	+	19 of that fund instead of the 1977 fund. Notwithstanding the age
	399	+	20 requirements under section 7(a) of this chapter, a police officer or
	400	+	21 former marshal employed by a municipality at the time the
	401	+	22 municipality enters the 1977 fund under this section shall be a member
	402	+	23 of the 1977 fund unless the police officer or former marshal elects to
	403	+	24 continue as a member of the public employees' retirement fund. A
	404	+	25 person may become a member of the 1977 fund under this subsection
	405	+	26 without meeting the age limitation under section 7(a) of this chapter
	406	+	27 only if the person satisfies:
	407	+	28 (1) any aptitude, physical agility, or physical and mental standards
	408	+	29 established by a local board under IC 36-8-3.2; and
	409	+	30 (2) the minimum standards that are:
	410	+	31 (A) adopted by the system board under section 19 of this
	411	+	32 chapter; and
	412	+	33 (B) in effect on the date the person becomes a member of the
	413	+	34 1977 fund.
	414	+	35 Credit for prior service of a person who becomes a member of the 1977
	415	+	36 fund under this subsection shall be determined under section 18 or 18.1
	416	+	37 of this chapter. No service credit beyond that allowed under section 18
	417	+	38 or 18.1 of this chapter may be recognized under the 1977 fund.
	418	+	39 (b) If a unit did not establish a 1937 fund for its firefighters, the unit
	419	+	40 may participate in the public employees' retirement fund or it may
	420	+	41 participate in the 1977 fund. If a unit established a 1937 fund for its
	421	+	42 firefighters, the unit is and shall remain a participant in the 1977 fund.
	422	+	EH 1104—LS 6812/DI 143 10
	423	+	1 (c) A unit that:
	424	+	2 (1) has not established a pension fund for its firefighters; or
	425	+	3 (2) is participating in the public employees' retirement fund under
	426	+	4 subsection (b);
	427	+	5 may participate in the 1977 fund upon approval by the fiscal body,
	428	+	6 notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
	429	+	7 under this subsection must comply with section 21 of this chapter.
	430	+	8 However, if a police officer or firefighter is a member of the public
	431	+	9 employees' retirement fund, the police officer or firefighter may
	432	+	10 continue as a member of that fund instead of the 1977 fund.
	433	+	11 (d) If a unit that participates in the 1977 fund provides longevity
	434	+	12 increases, the amount of the longevity increase provided in a year must
	435	+	13 be greater than or equal to the amount of the longevity increase
	436	+	14 provided in the previous year.
	437	+	15 (e) An airport authority may participate in the 1977 fund. An airport
	438	+	16 authority that participates in the 1977 fund under this subsection must
	439	+	17 comply with section 21 of this chapter. However, if a police officer or
	440	+	18 firefighter is a member of the public employees' retirement fund, the
	441	+	19 police officer or firefighter may continue as a member of that fund
	442	+	20 instead of the 1977 fund.
	443	+	21 (f) A school corporation or charter school that:
	444	+	22 (1) employs a school resource officer; or
	445	+	23 (2) enters into a contract or memorandum of understanding
	446	+	24 with a:
	447	+	25 (A) local law enforcement agency;
	448	+	26 (B) private entity; or
	449	+	27 (C) nonprofit corporation;
	450	+	28 to employ a school resource officer;
	451	+	29 may participate in the 1977 fund. A school corporation or charter
	452	+	30 school that participates in the 1977 fund under this subsection or
	453	+	31 subsection (g) must comply with section 21.5 of this chapter.
	454	+	32 However, if a school resource officer is a member of the public
	455	+	33 employees' retirement fund, the school resource officer may
	456	+	34 continue as a member of that fund instead of the 1977 fund.
	457	+	35 (g) A school resource officer hired or rehired after June 30,
	458	+	36 2024, who is a member of the 1977 fund shall remain in the 1977
	459	+	37 fund.
	460	+	38 SECTION 11. IC 36-8-8-18, AS AMENDED BY P.L.170-2023,
	461	+	39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	462	+	40 JULY 1, 2024]: Sec. 18. (a) Except as provided in subsection (b), if a
	463	+	41 unit, or an airport authority, a school corporation, or a charter school
	464	+	42 becomes a participant in the 1977 fund, credit for prior service by
	465	+	EH 1104—LS 6812/DI 143 11
	466	+	1 police officers (including prior service as a full-time, fully paid town
	467	+	2 marshal, full-time, fully paid deputy town marshal, full-time, fully paid
	468	+	3 conservancy district marshal, or full-time, fully paid deputy
	469	+	4 conservancy district marshal by a police officer employed by a
	470	+	5 metropolitan board of police commissioners), or by firefighters, or by
	471	+	6 school resource officers before the date of participation may be given
	472	+	7 by the system board only if:
	473	+	8 (1) the amount necessary to fund the police officer's, or
	474	+	9 firefighter's, or school resource officer's prior service liability is
	475	+	10 contributed to the 1977 fund under an agreement that specifies
	476	+	11 how much the unit, or the airport authority, school corporation,
	477	+	12 or charter school is to contribute, if any, and how much the
	478	+	13 police officer, or firefighter, or school resource officer is to
	479	+	14 contribute, if any; and
	480	+	15 (2) the amount that the police officers, or firefighters, or school
	481	+	16 resource officers would have contributed if they had been
	482	+	17 members of the 1977 fund during their prior service is paid to the
	483	+	18 1977 fund under an agreement that specifies how much the unit,
	484	+	19 or the airport authority, school corporation, or charter school is
	485	+	20 to contribute, if any, and how much the police officer, or
	486	+	21 firefighter, or school resource officer is to contribute, if any.
	487	+	22 If the requirements of subdivisions (1) and (2) are not met, a fund
	488	+	23 member is entitled to credit only for years of service after the date of
	489	+	24 participation. Contributions under subdivisions (1) and (2) must be
	490	+	25 paid in a lump sum or in installments over a period of not more than
	491	+	26 thirty (30) years, the amount and period to be determined by the system
	492	+	27 board. The periods determined by the system board under subdivisions
	493	+	28 (1) and (2) for any installment payments may differ between the unit,
	494	+	29 or the airport authority, the school corporation, or the charter school
	495	+	30 and the police officers, or firefighters, or school resource officers and
	496	+	31 between subdivisions (1) and (2).
	497	+	32 (b) If a unit becomes a participant in the 1977 fund under section
	498	+	33 3(c) of this chapter, if an airport authority becomes a participant in the
	499	+	34 1977 fund under section 3(e) of this chapter, if a school corporation
	500	+	35 or charter school becomes a member of the 1977 fund under
	501	+	36 section 3(f) of this chapter, or if a firefighter becomes a member of
	502	+	37 the 1977 fund under section 7(g) of this chapter, credit for prior service
	503	+	38 before the date of participation or membership shall be given by the
	504	+	39 system board as follows:
	505	+	40 (1) For a member who will accrue twenty (20) years of service
	506	+	41 credit in the 1977 fund by the time the member reaches the
	507	+	42 earliest retirement age under the fund at the time of the member's
	508	+	EH 1104—LS 6812/DI 143 12
	509	+	1 date of participation in the 1977 fund and who participated in
	510	+	2 PERF as a police officer, a firefighter, or an emergency medical
	511	+	3 technician, or a school resource officer, the member will be
	512	+	4 given credit in the 1977 fund for one-third (1/3) of the member's
	513	+	5 years of participation in PERF as a police officer, a firefighter, or
	514	+	6 an emergency medical technician, or a school resource officer.
	515	+	7 (2) For a member who will accrue twenty (20) years of service
	516	+	8 credit in the 1977 fund by the time the member reaches the
	517	+	9 earliest retirement age under the fund at the time of the member's
	518	+	10 date of participation in the 1977 fund and who did not participate
	519	+	11 in a pension plan as a police officer, a firefighter, or an emergency
	520	+	12 medical technician, or a school resource officer, the member
	521	+	13 will be given credit in the 1977 fund for one-third (1/3) of the
	522	+	14 member's years of prior service with the unit as a police officer,
	523	+	15 a firefighter, or an emergency medical technician, or a school
	524	+	16 resource officer only if:
	525	+	17 (A) The amount necessary to fund the member's prior service
	526	+	18 liability is contributed to the 1977 fund under an agreement
	527	+	19 that specifies how much the unit, or the airport authority,
	528	+	20 school corporation, or charter school is to contribute, if any,
	529	+	21 and how much the member is to contribute, if any.
	530	+	22 Contributions must be paid in a lump sum or in installments as
	531	+	23 provided in clause (C). The amount of contributions must be
	532	+	24 based on the actual salary earned by a first class patrolman or
	533	+	25 a first class firefighter at the time the unit, or the airport
	534	+	26 authority, the school corporation, or the charter school
	535	+	27 becomes a participant in the 1977 fund, or the police officer,
	536	+	28 or firefighter, or school resource officer becomes a member
	537	+	29 of the 1977 fund, or if no such salary designation exists, the
	538	+	30 actual salary earned by the police officer, or firefighter, or
	539	+	31 school resource officer.
	540	+	32 (B) The amount the police officer, or firefighter, or school
	541	+	33 resource officer would have contributed if the police officer,
	542	+	34 or firefighter, or school resource officer had been a member
	543	+	35 of the 1977 fund during the police officer's, or firefighter's, or
	544	+	36 school resource officer's prior service must be fully paid
	545	+	37 under an agreement that specifies how much the unit, or the
	546	+	38 airport authority, the school corporation, or the charter
	547	+	39 school is to pay, if any, and how much the member is to pay,
	548	+	40 if any. Contributions must be paid in a lump sum or in
	549	+	41 installments as provided in clause (C). The amount of
	550	+	42 contributions must be based on the police officer's, or
	551	+	EH 1104—LS 6812/DI 143 13
	552	+	1 firefighter's, or school resource officer's actual salary earned
	553	+	2 during that period before service can be credited under this
	554	+	3 section.
	555	+	4 (C) Any amortization schedule for contributions paid under
	556	+	5 clause (A) and contributions to be paid under clause (B) must
	557	+	6 include interest at a rate determined by the system board. The
	558	+	7 board shall determine the term of any amortization schedule
	559	+	8 authorized under clauses (A) and (B), not to exceed ten (10)
	560	+	9 years. The terms of the various amortization schedules
	561	+	10 authorized under clauses (A) and (B) may differ.
	562	+	11 (3) For a member who will not accrue twenty (20) years of service
	563	+	12 credit in the 1977 fund by the time the member reaches the
	564	+	13 earliest retirement age under the fund at the time of the member's
	565	+	14 date of participation in the 1977 fund, credit for such prior service
	566	+	15 shall be given only if:
	567	+	16 (A) The amount necessary to fund the member's prior service
	568	+	17 liability is contributed to the 1977 fund under an agreement
	569	+	18 that specifies how much the unit, or the airport authority, the
	570	+	19 school corporation, or the charter school is to contribute, if
	571	+	20 any, and how much the member is to contribute, if any.
	572	+	21 Contributions must be paid in a lump sum or in installments as
	573	+	22 provided in clause (C). The amount of contributions must be
	574	+	23 based on the actual salary earned by a first class patrolman or
	575	+	24 a first class firefighter at the time the unit, or the airport
	576	+	25 authority, the school corporation, or the charter school
	577	+	26 becomes a participant in the 1977 fund, or the police officer,
	578	+	27 or firefighter, or school resource officer becomes a member
	579	+	28 of the 1977 fund, or if no such salary designation exists, the
	580	+	29 actual salary earned by the police officer, or firefighter, or
	581	+	30 school resource officer. The limit on credit for prior service
	582	+	31 does not apply to a firefighter if the firefighter was a member
	583	+	32 of the 1937 fund or 1977 fund whose participation was
	584	+	33 terminated due to the creation of a new fire protection district
	585	+	34 under IC 36-8-11-5 and who subsequently became a member
	586	+	35 of the 1977 fund. A firefighter who was a member of or
	587	+	36 reentered the 1937 fund or 1977 fund whose participation was
	588	+	37 terminated due to the creation of a new fire protection district
	589	+	38 under IC 36-8-11-5 is entitled to full credit for prior service in
	590	+	39 an amount equal to the firefighter's years of service before
	591	+	40 becoming a member of or reentering the 1977 fund. Service
	592	+	41 may only be credited for time as a full-time, fully paid police
	593	+	42 officer, firefighter, or emergency medical technician under
	594	+	EH 1104—LS 6812/DI 143 14
	595	+	1 section 7(g) of this chapter, or school resource officer.
	596	+	2 (B) The amount the police officer, or firefighter, or school
	597	+	3 resource officer would have contributed if the police officer,
	598	+	4 or firefighter, or school resource officer had been a member
	599	+	5 of the 1977 fund during the police officer's, or firefighter's, or
	600	+	6 school resource officer's prior service must be fully paid
	601	+	7 under an agreement that specifies how much the unit, or the
	602	+	8 airport authority, the school corporation, or the charter
	603	+	9 school is to pay and how much the member is to pay.
	604	+	10 Contributions must be paid in a lump sum or in installments as
	605	+	11 provided in clause (C). The amount of contributions must be
	606	+	12 based on the police officer's, or firefighter's, or school
	607	+	13 resource officer's actual salary earned during that period
	608	+	14 before service can be credited under this section.
	609	+	15 (C) Any amortization schedule for contributions paid under
	610	+	16 clause (A) and contributions to be paid under clause (B) must
	611	+	17 include interest at a rate determined by the system board. The
	612	+	18 board shall determine the term of any amortization schedule
	613	+	19 authorized under clauses (A) and (B), not to exceed ten (10)
	614	+	20 years. The terms of the various amortization schedules
	615	+	21 authorized under clauses (A) and (B) may differ.
	616	+	22 (4) If, at the time a unit, or an airport authority, a school
	617	+	23 corporation, or a charter school entered the 1977 fund, a fund
	618	+	24 member received the maximum prior service credit allowed by
	619	+	25 subdivision (3) and, at a later date, the earliest retirement age was
	620	+	26 lowered, the unit, or the airport authority, the school
	621	+	27 corporation, or the charter school or the fund member, or both,
	622	+	28 the unit, or airport authority, and the fund member, may
	623	+	29 contribute to the 1977 fund on the fund member's behalf an
	624	+	30 additional amount that is determined in the same manner as under
	625	+	31 subdivision (3) with respect to the additional prior service, if any,
	626	+	32 available as a result of the lower retirement age. If the additional
	627	+	33 amount described in this subdivision is paid in accordance with
	628	+	34 the requirements of subdivision (3), the fund member shall
	629	+	35 receive the additional service credit necessary for the fund
	630	+	36 member to retire at the lower earliest retirement age.
	631	+	37 (c) This subsection applies to a unit that:
	632	+	38 (1) becomes a participant in the 1977 fund under section 3(c) of
	633	+	39 this chapter; and
	634	+	40 (2) is a fire protection district created under IC 36-8-11 that
	635	+	41 includes a township or a municipality that had a 1937 fund.
	636	+	42 A firefighter who continues uninterrupted service with a unit covered
	637	+	EH 1104—LS 6812/DI 143 15
	638	+	1 by this subsection and who participated in the township or municipality
	639	+	2 1937 fund is entitled to receive service credit for such service in the
	640	+	3 1977 fund. However, credit for such service is limited to the amount
	641	+	4 accrued by the firefighter in the 1937 fund or the amount necessary to
	642	+	5 allow the firefighter to accrue twenty (20) years of service credit in the
	643	+	6 1977 fund by the time the firefighter becomes fifty-two (52) years of
	644	+	7 age, whichever is less.
	645	+	8 (d) A unit to which subsection (c) applies shall contribute into the
	646	+	9 1977 fund the amount necessary to fund the amount of past service
	647	+	10 determined in accordance with subsection (c), amortized over a period
	648	+	11 not to exceed ten (10) years with interest at a rate determined by the
	649	+	12 system board.
	650	+	13 (e) If the township or municipality has accumulated money in its
	651	+	14 1937 fund, any amount accumulated that exceeds the present value of
	652	+	15 all projected future benefits from the 1937 plan shall be paid by the
	653	+	16 township or municipality to the unit for the sole purpose of making the
	654	+	17 contributions determined in subsection (d).
	655	+	18 (f) To the extent permitted by the Internal Revenue Code and the
	656	+	19 applicable regulations, the 1977 fund may accept, on behalf of a fund
	657	+	20 member who is purchasing permissive service credit under this chapter,
	658	+	21 a rollover of a distribution from any of the following:
	659	+	22 (1) A qualified plan described in Section 401(a) or Section 403(a)
	660	+	23 of the Internal Revenue Code.
	661	+	24 (2) An annuity contract or account described in Section 403(b) of
	662	+	25 the Internal Revenue Code.
	663	+	26 (3) An eligible plan that is maintained by a state, a political
	664	+	27 subdivision of a state, or an agency or instrumentality of a state or
	665	+	28 political subdivision of a state under Section 457(b) of the
	666	+	29 Internal Revenue Code.
	667	+	30 (4) An individual retirement account or annuity described in
	668	+	31 Section 408(a) or Section 408(b) of the Internal Revenue Code.
	669	+	32 (g) To the extent permitted by the Internal Revenue Code and the
	670	+	33 applicable regulations, the 1977 fund may accept, on behalf of a fund
	671	+	34 member who is purchasing permissive service credit under this chapter,
	672	+	35 a trustee to trustee transfer from any of the following:
	673	+	36 (1) An annuity contract or account described in Section 403(b) of
	674	+	37 the Internal Revenue Code.
	675	+	38 (2) An eligible deferred compensation plan under Section 457(b)
	676	+	39 of the Internal Revenue Code.
	677	+	40 SECTION 12. IC 36-8-8-18.1, AS AMENDED BY P.L.170-2023,
	678	+	41 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	679	+	42 JULY 1, 2024]: Sec. 18.1. (a) As used in this section, "police officer"
	680	+	EH 1104—LS 6812/DI 143 16
	681	+	1 includes a former full-time, fully paid:
	682	+	2 (1) town marshal;
	683	+	3 (2) deputy town marshal;
	684	+	4 (3) conservancy district marshal; or
	685	+	5 (4) deputy conservancy district marshal;
	686	+	6 who is employed as a police officer by a metropolitan board of police
	687	+	7 commissioners.
	688	+	8 (b) If a unit, or an airport authority, a school corporation, or a
	689	+	9 charter school becomes a participant in the 1977 fund and the unit, or
	690	+	10 the airport authority, the school corporation, or the charter school
	691	+	11 previously covered police officers, firefighters, or emergency medical
	692	+	12 technicians, or school resource officers in PERF, or if the employees
	693	+	13 of the unit become members of the 1977 fund under section 7(g) of this
	694	+	14 chapter, the following provisions apply:
	695	+	15 (1) A minimum benefit applies to members electing to transfer or
	696	+	16 being transferred to the 1977 fund from PERF. The minimum
	697	+	17 benefit, payable at age fifty-two (52), for such a member equals
	698	+	18 the actuarial equivalent of the vested retirement benefit payable
	699	+	19 to the member upon normal retirement under IC 5-10.2-4-1 as of
	700	+	20 the day before the transfer, based solely on:
	701	+	21 (A) creditable service;
	702	+	22 (B) the average of the annual compensation; and
	703	+	23 (C) the amount credited to the annuity savings account;
	704	+	24 of the transferring member as of the day before the transfer under
	705	+	25 IC 5-10.2 and IC 5-10.3.
	706	+	26 (2) The system board shall transfer from PERF to the 1977 fund
	707	+	27 the amount credited to the annuity savings accounts that is
	708	+	28 necessary for the purchase of service credit and the present value
	709	+	29 of benefits attributable to the transferring members.
	710	+	30 (3) The amount the unit, or the airport authority, the school
	711	+	31 corporation, or the charter school and the member must
	712	+	32 contribute to the 1977 fund under section 18 of this chapter, if any
	713	+	33 service credit is to be given under that section, will be reduced by
	714	+	34 the amounts transferred to the 1977 fund by the system board
	715	+	35 under subdivision (2).
	716	+	36 (4) Credit for prior service in PERF of a member as a police
	717	+	37 officer, a firefighter, or an emergency medical technician, or a
	718	+	38 school resource officer is waived in PERF. Any credit for that
	719	+	39 service under the 1977 fund shall only be given in accordance
	720	+	40 with section 18 of this chapter.
	721	+	41 (5) Credit for prior service in PERF of a member, other than as a
	722	+	42 police officer, a firefighter, or an emergency medical technician,
	723	+	EH 1104—LS 6812/DI 143 17
	724	+	1 or a school resource officer remains in PERF and may not be
	725	+	2 credited under the 1977 fund.
	726	+	3 SECTION 13. IC 36-8-8-21.5 IS ADDED TO THE INDIANA
	727	+	4 CODE AS A NEW SECTION TO READ AS FOLLOWS
	728	+	5 [EFFECTIVE JULY 1, 2024]: Sec. 21.5. (a) This section applies to a
	729	+	6 school resource officer that becomes or remains a member of the
	730	+	7 1977 fund under section 3(f) or 3(g) of this chapter.
	731	+	8 (b) A school resource officer is a member of the 1977 fund if the
	732	+	9 school resource officer:
	733	+	10 (1) meets the age limitation under section 7(a) of this chapter;
	734	+	11 (2) passes the baseline statewide physical and mental
	735	+	12 examinations required under section 19 of this chapter; and
	736	+	13 (3) meets the training requirements under IC 20-26-18.2-1.
	737	+	14 (c) Credit for prior service of a school resource officer who
	738	+	15 becomes a member of the 1977 fund under this section shall be
	739	+	16 determined under section 18 or 18.1 of this chapter. No service
	740	+	17 credit beyond that allowed under section 18 or 18.1 of this chapter
	741	+	18 may be recognized under the 1977 fund.
	742	+	EH 1104—LS 6812/DI 143 18
	743	+	COMMITTEE REPORT
	744	+	Mr. Speaker: Your Committee on Education, to which was referred
	745	+	House Bill 1104, has had the same under consideration and begs leave
	746	+	to report the same back to the House with the recommendation that said
	747	+	bill be amended as follows:
	748	+	Page 16, line 23, delete "without meeting" and insert "if the school
	749	+	resource officer meets".
	750	+	Page 16, line 24, delete "if the school resource officer" and insert
	751	+	"and".
	752	+	and when so amended that said bill do pass.
	753	+	(Reference is to HB 1104 as introduced.)
	754	+	BEHNING
	755	+	Committee Vote: yeas 12, nays 0.
	756	+	_____
	757	+	COMMITTEE REPORT
	758	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	759	+	referred House Bill 1104, has had the same under consideration and
	760	+	begs leave to report the same back to the House with the
	761	+	recommendation that said bill be amended as follows:
	762	+	Page 8, line 8, delete "the governing body of a" and insert "the local
	763	+	board described in subdivisions (1) through (4) that manages the
	764	+	fund established in the unit or the consolidated city in which the:
	765	+	(A) territory of the school corporation; or
	766	+	(B) charter school;
	767	+	is located. However, if more than one (1) local board is applicable
	768	+	under this subdivision, the governing body of the school
	769	+	corporation or the equivalent authority for the charter school that
	770	+	employs or contracts to employ the school resource officer may
	771	+	choose the applicable local board with respect to the school
	772	+	resource officer.".
	773	+	Page 8, delete lines 9 through 10.
	774	+	Page 16, line 23, delete "officer" and insert "officer:
	775	+	(1)".
	776	+	Page 16, line 24, delete "chapter and" and insert "chapter;
	777	+	(2) passes the baseline statewide physical and mental
	778	+	examinations required under section 19 of this chapter; and
	779	+	EH 1104—LS 6812/DI 143 19
	780	+	(3)".
	781	+	and when so amended that said bill do pass.
	782	+	(Reference is to HB 1104 as printed January 18, 2024.)
	783	+	THOMPSON
	784	+	Committee Vote: yeas 23, nays 0.
	785	+	_____
	786	+	COMMITTEE REPORT
	787	+	Madam President: The Senate Committee on Education and Career
	788	+	Development, to which was referred House Bill No. 1104, has had the
	789	+	same under consideration and begs leave to report the same back to the
	790	+	Senate with the recommendation that said bill DO PASS and be
	791	+	reassigned to the Senate Committee on Appropriations.
	792	+	(Reference is to HB 1104 as printed January 25, 2024.)
	793	+	RAATZ, Chairperson
	794	+	Committee Vote: Yeas 11, Nays 0
	795	+	_____
	796	+	COMMITTEE REPORT
	797	+	Madam President: The Senate Committee on Appropriations, to
	798	+	which was referred Engrossed House Bill No. 1104, has had the same
	799	+	under consideration and begs leave to report the same back to the
	800	+	Senate with the recommendation that said bill DO PASS.
	801	+	(Reference is to EHB 1104 as printed February 16, 2024.)
	802	+
	803	+	MISHLER, Chairperson
	804	+	Committee Vote: Yeas 13, Nays 0
	805	+	_____
	806	+	SENATE MOTION
	807	+	Madam President: I move that Engrossed House Bill 1104 be
	808	+	amended to read as follows:
	809	+	EH 1104—LS 6812/DI 143 20
	810	+	Page 4, between lines 41 and 42, begin a new paragraph and insert:
	811	+	"SECTION 3. IC 20-26-5-42.5, AS ADDED BY P.L.218-2023,
160	812		SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
161	813		JULY 1, 2024]: Sec. 42.5. (a) Notwithstanding any other law or
162	814		provision, a public school, including a charter school, or a state
163	815		accredited nonpublic school may not conduct a training or drill for an
164	816		employee of the school that includes as any part of the training or drill
165		-	HEA 1104 — Concur 5
166	817		sensory components or activities (as defined in IC 20-34-3-27) or
167	818		the expelling of any type of projectile at the employee unless:
168	819		(1) the school informs the employee of the use of sensory
169	820		components or activities (as defined in IC 20-34-3-27) or the
170	821		use of projectiles in the training or drill; and
171	822		(2) the employee provides the school with written consent to
172	823		participate in training or a drill involving the use of sensory
173	824		components or activities (as defined in IC 20-34-3-27) or the
174	825		use of projectiles.
175	826		(b) Notwithstanding any other law or provision, a public school,
176	827		charter school, or state accredited nonpublic school may not conduct
177	828		or approve of any training or a drill for a student of the school that
178	829		includes as any part of the training or drill the expelling of any type of
179		-	projectile at a student.
180		-	SECTION 4. IC 20-34-3-20, AS AMENDED BY P.L.150-2023,
181		-	SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
182		-	JULY 1, 2024]: Sec. 20. (a) The governing body of a school
183		-	corporation and an organizer of a charter school shall require each
184		-	school in the governing body's jurisdiction or organizer's responsibility
185		-	to conduct periodic emergency preparedness drills during the school
186		-	year in compliance with rules adopted under IC 4-22-2 by the state
187		-	board.
188		-	(b) Each school and attendance center shall conduct at least:
189		-	(1) one (1) tornado preparedness drill; and
190		-	(2) one (1) manmade occurrence disaster drill;
191		-	during each semester.
192		-	(c) At least one (1) manmade occurrence disaster drill required
193		-	under subsection (b) must be an active shooter armed intruder drill
194		-	and must be conducted in conformity with the requirements of
195		-	section 27 of this chapter and within ninety (90) calendar days after
196		-	the beginning of the school year.
197		-	(d) Each:
198		-	(1) state accredited nonpublic school; and
199		-	(2) charter school;
200		-	must conduct at least one (1) active shooter armed intruder drill in
201		-	conformity with the requirements of section 27 of this chapter
202		-	during each school year.
203		-	(e) Notwithstanding rules established by the state fire marshal under
204		-	IC 12-17-12-19, a drill conducted under subsection (b) may be
205		-	conducted instead of a periodic or monthly fire evacuation drill
206		-	requirement established by the state fire marshal. However, a drill
207		-	conducted under subsection (b) may not be made:
208		-	HEA 1104 — Concur 6
209		-	(1) instead of more than two (2) periodic or monthly fire
210		-	evacuation drills in a particular school semester; and
211		-	(2) in two (2) consecutive months.
212		-	(f) The governing body of a school corporation or an organizer of a
213		-	charter school may direct schools to conduct emergency preparedness
214		-	drills in addition to those required under subsection (b).
215		-	(g) The governing body of a school corporation or organizer of a
216		-	charter school shall require each principal to file a certified statement
217		-	that all drills have been conducted as required under this section.
218		-	SECTION 5. IC 20-34-3-27 IS ADDED TO THE INDIANA CODE
219		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
220		-	1, 2024]: Sec. 27. (a) As used in this section, "sensory components
221		-	or activities" refers to aspects of an armed intruder drill intended
222		-	to simulate a real armed intruder scenario that include:
223		-	(1) simulations of gunfire;
224		-	(2) simulations of gunshot wounds or other injuries;
225		-	(3) the use of a prop firearm;
226		-	(4) the use of a pellet gun; or
227		-	(5) participation in the drill by law enforcement personnel
228		-	with drawn firearms.
229		-	(b) An armed intruder drill conducted under section 20 of this
230		-	chapter that includes sensory components or activities may not:
231		-	(1) require student participation; or
232		-	(2) take place during regular school hours if a majority of the
233		-	student body is present on school property.
234		-	SECTION 6. IC 36-8-8-1, AS AMENDED BY P.L.102-2023,
235		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
236		-	JULY 1, 2024]: Sec. 1. This chapter applies to:
237		-	(1) full-time police officers hired or rehired after April 30, 1977,
238		-	in all municipalities, or who converted their benefits under
239		-	IC 19-1-17.8-7 (repealed September 1, 1981);
240		-	(2) full-time fully paid firefighters hired or rehired after April 30,
241		-	1977, or who converted their benefits under IC 19-1-36.5-7
242		-	(repealed September 1, 1981);
243		-	(3) a police matron hired or rehired after April 30, 1977, and
244		-	before July 1, 1996, who is a member of a police department in a
245		-	second or third class city on March 31, 1996;
246		-	(4) a park ranger who:
247		-	(A) completed at least the number of weeks of training at the
248		-	Indiana law enforcement academy or a comparable law
249		-	enforcement academy in another state that were required at the
250		-	time the park ranger attended the Indiana law enforcement
251		-	HEA 1104 — Concur 7
252		-	academy or the law enforcement academy in another state;
253		-	(B) graduated from the Indiana law enforcement academy or
254		-	a comparable law enforcement academy in another state; and
255		-	(C) is employed by the parks department of a city having a
256		-	population of more than one hundred ten thousand (110,000)
257		-	and less than one hundred fifty thousand (150,000);
258		-	(5) a full-time fully paid firefighter who is covered by this chapter
259		-	before the effective date of consolidation and becomes a member
260		-	of the fire department of a consolidated city under IC 36-3-1-6.1,
261		-	provided that the firefighter's service as a member of the fire
262		-	department of a consolidated city is considered active service
263		-	under this chapter;
264		-	(6) except as otherwise provided, a full-time fully paid firefighter
265		-	who is hired or rehired after the effective date of the consolidation
266		-	by a consolidated fire department established under
267		-	IC 36-3-1-6.1;
268		-	(7) a full-time police officer who is covered by this chapter before
269		-	the effective date of consolidation and becomes a member of the
270		-	consolidated law enforcement department as part of the
271		-	consolidation under IC 36-3-1-5.1, provided that the officer's
272		-	service as a member of the consolidated law enforcement
273		-	department is considered active service under this chapter;
274		-	(8) except as otherwise provided, a full-time police officer who is
275		-	hired or rehired after the effective date of the consolidation by a
276		-	consolidated law enforcement department established under
277		-	IC 36-3-1-5.1;
278		-	(9) a veteran described in IC 36-8-4.7; and
279		-	(10) a full-time police officer or full-time fully paid firefighter
280		-	who is employed by an airport authority; and
281		-	(11) a full-time school resource officer;
282		-	except as provided by section 7 of this chapter.
283		-	SECTION 7. IC 36-8-8-2, AS AMENDED BY P.L.102-2023,
284		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
285		-	JULY 1, 2024]: Sec. 2. As used in this chapter, "employer" means:
286		-	(1) a municipality that established a 1925 or 1953 fund or that
287		-	participates in the 1977 fund under section 3 or 18 of this chapter;
288		-	(2) a unit that established a 1937 fund or that participates in the
289		-	1977 fund under section 3 or 18 of this chapter;
290		-	(3) a consolidated city that consolidated the fire departments of
291		-	units that:
292		-	(A) established a 1937 fund; or
293		-	(B) participated in the 1977 fund;
294		-	HEA 1104 — Concur 8
295		-	before the units' consolidation into the fire department of a
296		-	consolidated city established by IC 36-3-1-6.1;
297		-	(4) a consolidated city that establishes a consolidated law
298		-	enforcement department under IC 36-3-1-5.1; or
299		-	(5) an airport authority that participates in the 1977 fund under
300		-	section 3 of this chapter; or
301		-	(6) a school corporation or charter school that participates in
302		-	the 1977 fund under section 3 of this chapter.
303		-	SECTION 8. IC 36-8-8-2.1, AS AMENDED BY P.L.102-2023,
304		-	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
305		-	JULY 1, 2024]: Sec. 2.1. (a) As used in this chapter, "local board"
306		-	means the following:
307		-	(1) For a unit that established a 1925 fund for its police officers,
308		-	the local board described in IC 36-8-6-2.
309		-	(2) For a unit that established a 1937 fund for its firefighters, the
310		-	local board described in IC 36-8-7-3.
311		-	(3) For a consolidated city that established a 1953 fund for its
312		-	police officers, the local board described in IC 36-8-7.5-2.
313		-	(4) For a unit, other than a consolidated city, that did not establish
314		-	a 1925 fund for its police officers or a 1937 fund for its
315		-	firefighters, the local board described in subsection (b) or (c).
316		-	(5) For an airport authority, the board of an airport authority.
317		-	(6) For a school resource officer, the local board described in
318		-	subdivisions (1) through (4) that manages the fund established
319		-	in the unit or the consolidated city in which the:
320		-	(A) territory of the school corporation; or
321		-	(B) charter school;
322		-	is located. However, if more than one (1) local board is
323		-	applicable under this subdivision, the governing body of the
324		-	school corporation or the equivalent authority for the charter
325		-	school that employs or contracts to employ the school
326		-	resource officer may choose the applicable local board with
327		-	respect to the school resource officer.
328		-	(b) If a unit did not establish a 1925 fund for its police officers, a
329		-	local board shall be composed in the same manner described in
330		-	IC 36-8-6-2(b). However, if there is not a retired member of the
331		-	department, no one shall be appointed to that position until such time
332		-	as there is a retired member.
333		-	(c) If a unit did not establish a 1937 fund for its firefighters, a local
334		-	board shall be composed in the same manner described in
335		-	IC 36-8-7-3(b). However, if there is not a retired member of the
336		-	department, no one shall be appointed to that position until such time
337		-	HEA 1104 — Concur 9
338		-	as there is a retired member.
339		-	SECTION 9. IC 36-8-8-2.2 IS ADDED TO THE INDIANA CODE
340		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
341		-	1, 2024]: Sec. 2.2. As used in this chapter, "school resource officer"
342		-	has the meaning set forth in IC 20-26-18.2-1.
343		-	SECTION 10. IC 36-8-8-3, AS AMENDED BY P.L.102-2023,
344		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
345		-	JULY 1, 2024]: Sec. 3. (a) If a town establishes a board of metropolitan
346		-	police commissioners, or if a town becomes a city, the municipality
347		-	shall participate in the 1977 fund and shall enroll all full-time police
348		-	officers and firefighters in the 1977 fund. However, if a police officer
349		-	or former marshal is a member of the public employees' retirement
350		-	fund, the police officer or former marshal may continue as a member
351		-	of that fund instead of the 1977 fund. Notwithstanding the age
352		-	requirements under section 7(a) of this chapter, a police officer or
353		-	former marshal employed by a municipality at the time the
354		-	municipality enters the 1977 fund under this section shall be a member
355		-	of the 1977 fund unless the police officer or former marshal elects to
356		-	continue as a member of the public employees' retirement fund. A
357		-	person may become a member of the 1977 fund under this subsection
358		-	without meeting the age limitation under section 7(a) of this chapter
359		-	only if the person satisfies:
360		-	(1) any aptitude, physical agility, or physical and mental standards
361		-	established by a local board under IC 36-8-3.2; and
362		-	(2) the minimum standards that are:
363		-	(A) adopted by the system board under section 19 of this
364		-	chapter; and
365		-	(B) in effect on the date the person becomes a member of the
366		-	1977 fund.
367		-	Credit for prior service of a person who becomes a member of the 1977
368		-	fund under this subsection shall be determined under section 18 or 18.1
369		-	of this chapter. No service credit beyond that allowed under section 18
370		-	or 18.1 of this chapter may be recognized under the 1977 fund.
371		-	(b) If a unit did not establish a 1937 fund for its firefighters, the unit
372		-	may participate in the public employees' retirement fund or it may
373		-	participate in the 1977 fund. If a unit established a 1937 fund for its
374		-	firefighters, the unit is and shall remain a participant in the 1977 fund.
375		-	(c) A unit that:
376		-	(1) has not established a pension fund for its firefighters; or
377		-	(2) is participating in the public employees' retirement fund under
378		-	subsection (b);
379		-	may participate in the 1977 fund upon approval by the fiscal body,
380		-	HEA 1104 — Concur 10
381		-	notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
382		-	under this subsection must comply with section 21 of this chapter.
383		-	However, if a police officer or firefighter is a member of the public
384		-	employees' retirement fund, the police officer or firefighter may
385		-	continue as a member of that fund instead of the 1977 fund.
386		-	(d) If a unit that participates in the 1977 fund provides longevity
387		-	increases, the amount of the longevity increase provided in a year must
388		-	be greater than or equal to the amount of the longevity increase
389		-	provided in the previous year.
390		-	(e) An airport authority may participate in the 1977 fund. An airport
391		-	authority that participates in the 1977 fund under this subsection must
392		-	comply with section 21 of this chapter. However, if a police officer or
393		-	firefighter is a member of the public employees' retirement fund, the
394		-	police officer or firefighter may continue as a member of that fund
395		-	instead of the 1977 fund.
396		-	(f) A school corporation or charter school that:
397		-	(1) employs a school resource officer; or
398		-	(2) enters into a contract or memorandum of understanding
399		-	with a:
400		-	(A) local law enforcement agency;
401		-	(B) private entity; or
402		-	(C) nonprofit corporation;
403		-	to employ a school resource officer;
404		-	may participate in the 1977 fund. A school corporation or charter
405		-	school that participates in the 1977 fund under this subsection or
406		-	subsection (g) must comply with section 21.5 of this chapter.
407		-	However, if a school resource officer is a member of the public
408		-	employees' retirement fund, the school resource officer may
409		-	continue as a member of that fund instead of the 1977 fund.
410		-	(g) A school resource officer hired or rehired after June 30,
411		-	2024, who is a member of the 1977 fund shall remain in the 1977
412		-	fund.
413		-	SECTION 11. IC 36-8-8-18, AS AMENDED BY P.L.170-2023,
414		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
415		-	JULY 1, 2024]: Sec. 18. (a) Except as provided in subsection (b), if a
416		-	unit, or an airport authority, a school corporation, or a charter school
417		-	becomes a participant in the 1977 fund, credit for prior service by
418		-	police officers (including prior service as a full-time, fully paid town
419		-	marshal, full-time, fully paid deputy town marshal, full-time, fully paid
420		-	conservancy district marshal, or full-time, fully paid deputy
421		-	conservancy district marshal by a police officer employed by a
422		-	metropolitan board of police commissioners), or by firefighters, or by
423		-	HEA 1104 — Concur 11
424		-	school resource officers before the date of participation may be given
425		-	by the system board only if:
426		-	(1) the amount necessary to fund the police officer's, or
427		-	firefighter's, or school resource officer's prior service liability is
428		-	contributed to the 1977 fund under an agreement that specifies
429		-	how much the unit, or the airport authority, school corporation,
430		-	or charter school is to contribute, if any, and how much the
431		-	police officer, or firefighter, or school resource officer is to
432		-	contribute, if any; and
433		-	(2) the amount that the police officers, or firefighters, or school
434		-	resource officers would have contributed if they had been
435		-	members of the 1977 fund during their prior service is paid to the
436		-	1977 fund under an agreement that specifies how much the unit,
437		-	or the airport authority, school corporation, or charter school is
438		-	to contribute, if any, and how much the police officer, or
439		-	firefighter, or school resource officer is to contribute, if any.
440		-	If the requirements of subdivisions (1) and (2) are not met, a fund
441		-	member is entitled to credit only for years of service after the date of
442		-	participation. Contributions under subdivisions (1) and (2) must be
443		-	paid in a lump sum or in installments over a period of not more than
444		-	thirty (30) years, the amount and period to be determined by the system
445		-	board. The periods determined by the system board under subdivisions
446		-	(1) and (2) for any installment payments may differ between the unit,
447		-	or the airport authority, the school corporation, or the charter school
448		-	and the police officers, or firefighters, or school resource officers and
449		-	between subdivisions (1) and (2).
450		-	(b) If a unit becomes a participant in the 1977 fund under section
451		-	3(c) of this chapter, if an airport authority becomes a participant in the
452		-	1977 fund under section 3(e) of this chapter, if a school corporation
453		-	or charter school becomes a member of the 1977 fund under
454		-	section 3(f) of this chapter, or if a firefighter becomes a member of
455		-	the 1977 fund under section 7(g) of this chapter, credit for prior service
456		-	before the date of participation or membership shall be given by the
457		-	system board as follows:
458		-	(1) For a member who will accrue twenty (20) years of service
459		-	credit in the 1977 fund by the time the member reaches the
460		-	earliest retirement age under the fund at the time of the member's
461		-	date of participation in the 1977 fund and who participated in
462		-	PERF as a police officer, a firefighter, or an emergency medical
463		-	technician, or a school resource officer, the member will be
464		-	given credit in the 1977 fund for one-third (1/3) of the member's
465		-	years of participation in PERF as a police officer, a firefighter, or
466		-	HEA 1104 — Concur 12
467		-	an emergency medical technician, or a school resource officer.
468		-	(2) For a member who will accrue twenty (20) years of service
469		-	credit in the 1977 fund by the time the member reaches the
470		-	earliest retirement age under the fund at the time of the member's
471		-	date of participation in the 1977 fund and who did not participate
472		-	in a pension plan as a police officer, a firefighter, or an emergency
473		-	medical technician, or a school resource officer, the member
474		-	will be given credit in the 1977 fund for one-third (1/3) of the
475		-	member's years of prior service with the unit as a police officer,
476		-	a firefighter, or an emergency medical technician, or a school
477		-	resource officer only if:
478		-	(A) The amount necessary to fund the member's prior service
479		-	liability is contributed to the 1977 fund under an agreement
480		-	that specifies how much the unit, or the airport authority,
481		-	school corporation, or charter school is to contribute, if any,
482		-	and how much the member is to contribute, if any.
483		-	Contributions must be paid in a lump sum or in installments as
484		-	provided in clause (C). The amount of contributions must be
485		-	based on the actual salary earned by a first class patrolman or
486		-	a first class firefighter at the time the unit, or the airport
487		-	authority, the school corporation, or the charter school
488		-	becomes a participant in the 1977 fund, or the police officer,
489		-	or firefighter, or school resource officer becomes a member
490		-	of the 1977 fund, or if no such salary designation exists, the
491		-	actual salary earned by the police officer, or firefighter, or
492		-	school resource officer.
493		-	(B) The amount the police officer, or firefighter, or school
494		-	resource officer would have contributed if the police officer,
495		-	or firefighter, or school resource officer had been a member
496		-	of the 1977 fund during the police officer's, or firefighter's, or
497		-	school resource officer's prior service must be fully paid
498		-	under an agreement that specifies how much the unit, or the
499		-	airport authority, the school corporation, or the charter
500		-	school is to pay, if any, and how much the member is to pay,
501		-	if any. Contributions must be paid in a lump sum or in
502		-	installments as provided in clause (C). The amount of
503		-	contributions must be based on the police officer's, or
504		-	firefighter's, or school resource officer's actual salary earned
505		-	during that period before service can be credited under this
506		-	section.
507		-	(C) Any amortization schedule for contributions paid under
508		-	clause (A) and contributions to be paid under clause (B) must
509		-	HEA 1104 — Concur 13
510		-	include interest at a rate determined by the system board. The
511		-	board shall determine the term of any amortization schedule
512		-	authorized under clauses (A) and (B), not to exceed ten (10)
513		-	years. The terms of the various amortization schedules
514		-	authorized under clauses (A) and (B) may differ.
515		-	(3) For a member who will not accrue twenty (20) years of service
516		-	credit in the 1977 fund by the time the member reaches the
517		-	earliest retirement age under the fund at the time of the member's
518		-	date of participation in the 1977 fund, credit for such prior service
519		-	shall be given only if:
520		-	(A) The amount necessary to fund the member's prior service
521		-	liability is contributed to the 1977 fund under an agreement
522		-	that specifies how much the unit, or the airport authority, the
523		-	school corporation, or the charter school is to contribute, if
524		-	any, and how much the member is to contribute, if any.
525		-	Contributions must be paid in a lump sum or in installments as
526		-	provided in clause (C). The amount of contributions must be
527		-	based on the actual salary earned by a first class patrolman or
528		-	a first class firefighter at the time the unit, or the airport
529		-	authority, the school corporation, or the charter school
530		-	becomes a participant in the 1977 fund, or the police officer,
531		-	or firefighter, or school resource officer becomes a member
532		-	of the 1977 fund, or if no such salary designation exists, the
533		-	actual salary earned by the police officer, or firefighter, or
534		-	school resource officer. The limit on credit for prior service
535		-	does not apply to a firefighter if the firefighter was a member
536		-	of the 1937 fund or 1977 fund whose participation was
537		-	terminated due to the creation of a new fire protection district
538		-	under IC 36-8-11-5 and who subsequently became a member
539		-	of the 1977 fund. A firefighter who was a member of or
540		-	reentered the 1937 fund or 1977 fund whose participation was
541		-	terminated due to the creation of a new fire protection district
542		-	under IC 36-8-11-5 is entitled to full credit for prior service in
543		-	an amount equal to the firefighter's years of service before
544		-	becoming a member of or reentering the 1977 fund. Service
545		-	may only be credited for time as a full-time, fully paid police
546		-	officer, firefighter, or emergency medical technician under
547		-	section 7(g) of this chapter, or school resource officer.
548		-	(B) The amount the police officer, or firefighter, or school
549		-	resource officer would have contributed if the police officer,
550		-	or firefighter, or school resource officer had been a member
551		-	of the 1977 fund during the police officer's, or firefighter's, or
552		-	HEA 1104 — Concur 14
553		-	school resource officer's prior service must be fully paid
554		-	under an agreement that specifies how much the unit, or the
555		-	airport authority, the school corporation, or the charter
556		-	school is to pay and how much the member is to pay.
557		-	Contributions must be paid in a lump sum or in installments as
558		-	provided in clause (C). The amount of contributions must be
559		-	based on the police officer's, or firefighter's, or school
560		-	resource officer's actual salary earned during that period
561		-	before service can be credited under this section.
562		-	(C) Any amortization schedule for contributions paid under
563		-	clause (A) and contributions to be paid under clause (B) must
564		-	include interest at a rate determined by the system board. The
565		-	board shall determine the term of any amortization schedule
566		-	authorized under clauses (A) and (B), not to exceed ten (10)
567		-	years. The terms of the various amortization schedules
568		-	authorized under clauses (A) and (B) may differ.
569		-	(4) If, at the time a unit, or an airport authority, a school
570		-	corporation, or a charter school entered the 1977 fund, a fund
571		-	member received the maximum prior service credit allowed by
572		-	subdivision (3) and, at a later date, the earliest retirement age was
573		-	lowered, the unit, or the airport authority, the school
574		-	corporation, or the charter school or the fund member, or both,
575		-	the unit, or airport authority, and the fund member, may
576		-	contribute to the 1977 fund on the fund member's behalf an
577		-	additional amount that is determined in the same manner as under
578		-	subdivision (3) with respect to the additional prior service, if any,
579		-	available as a result of the lower retirement age. If the additional
580		-	amount described in this subdivision is paid in accordance with
581		-	the requirements of subdivision (3), the fund member shall
582		-	receive the additional service credit necessary for the fund
583		-	member to retire at the lower earliest retirement age.
584		-	(c) This subsection applies to a unit that:
585		-	(1) becomes a participant in the 1977 fund under section 3(c) of
586		-	this chapter; and
587		-	(2) is a fire protection district created under IC 36-8-11 that
588		-	includes a township or a municipality that had a 1937 fund.
589		-	A firefighter who continues uninterrupted service with a unit covered
590		-	by this subsection and who participated in the township or municipality
591		-	1937 fund is entitled to receive service credit for such service in the
592		-	1977 fund. However, credit for such service is limited to the amount
593		-	accrued by the firefighter in the 1937 fund or the amount necessary to
594		-	allow the firefighter to accrue twenty (20) years of service credit in the
595		-	HEA 1104 — Concur 15
596		-	1977 fund by the time the firefighter becomes fifty-two (52) years of
597		-	age, whichever is less.
598		-	(d) A unit to which subsection (c) applies shall contribute into the
599		-	1977 fund the amount necessary to fund the amount of past service
600		-	determined in accordance with subsection (c), amortized over a period
601		-	not to exceed ten (10) years with interest at a rate determined by the
602		-	system board.
603		-	(e) If the township or municipality has accumulated money in its
604		-	1937 fund, any amount accumulated that exceeds the present value of
605		-	all projected future benefits from the 1937 plan shall be paid by the
606		-	township or municipality to the unit for the sole purpose of making the
607		-	contributions determined in subsection (d).
608		-	(f) To the extent permitted by the Internal Revenue Code and the
609		-	applicable regulations, the 1977 fund may accept, on behalf of a fund
610		-	member who is purchasing permissive service credit under this chapter,
611		-	a rollover of a distribution from any of the following:
612		-	(1) A qualified plan described in Section 401(a) or Section 403(a)
613		-	of the Internal Revenue Code.
614		-	(2) An annuity contract or account described in Section 403(b) of
615		-	the Internal Revenue Code.
616		-	(3) An eligible plan that is maintained by a state, a political
617		-	subdivision of a state, or an agency or instrumentality of a state or
618		-	political subdivision of a state under Section 457(b) of the
619		-	Internal Revenue Code.
620		-	(4) An individual retirement account or annuity described in
621		-	Section 408(a) or Section 408(b) of the Internal Revenue Code.
622		-	(g) To the extent permitted by the Internal Revenue Code and the
623		-	applicable regulations, the 1977 fund may accept, on behalf of a fund
624		-	member who is purchasing permissive service credit under this chapter,
625		-	a trustee to trustee transfer from any of the following:
626		-	(1) An annuity contract or account described in Section 403(b) of
627		-	the Internal Revenue Code.
628		-	(2) An eligible deferred compensation plan under Section 457(b)
629		-	of the Internal Revenue Code.
630		-	SECTION 12. IC 36-8-8-18.1, AS AMENDED BY P.L.170-2023,
631		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
632		-	JULY 1, 2024]: Sec. 18.1. (a) As used in this section, "police officer"
633		-	includes a former full-time, fully paid:
634		-	(1) town marshal;
635		-	(2) deputy town marshal;
636		-	(3) conservancy district marshal; or
637		-	(4) deputy conservancy district marshal;
638		-	HEA 1104 — Concur 16
639		-	who is employed as a police officer by a metropolitan board of police
640		-	commissioners.
641		-	(b) If a unit, or an airport authority, a school corporation, or a
642		-	charter school becomes a participant in the 1977 fund and the unit, or
643		-	the airport authority, the school corporation, or the charter school
644		-	previously covered police officers, firefighters, or emergency medical
645		-	technicians, or school resource officers in PERF, or if the employees
646		-	of the unit become members of the 1977 fund under section 7(g) of this
647		-	chapter, the following provisions apply:
648		-	(1) A minimum benefit applies to members electing to transfer or
649		-	being transferred to the 1977 fund from PERF. The minimum
650		-	benefit, payable at age fifty-two (52), for such a member equals
651		-	the actuarial equivalent of the vested retirement benefit payable
652		-	to the member upon normal retirement under IC 5-10.2-4-1 as of
653		-	the day before the transfer, based solely on:
654		-	(A) creditable service;
655		-	(B) the average of the annual compensation; and
656		-	(C) the amount credited to the annuity savings account;
657		-	of the transferring member as of the day before the transfer under
658		-	IC 5-10.2 and IC 5-10.3.
659		-	(2) The system board shall transfer from PERF to the 1977 fund
660		-	the amount credited to the annuity savings accounts that is
661		-	necessary for the purchase of service credit and the present value
662		-	of benefits attributable to the transferring members.
663		-	(3) The amount the unit, or the airport authority, the school
664		-	corporation, or the charter school and the member must
665		-	contribute to the 1977 fund under section 18 of this chapter, if any
666		-	service credit is to be given under that section, will be reduced by
667		-	the amounts transferred to the 1977 fund by the system board
668		-	under subdivision (2).
669		-	(4) Credit for prior service in PERF of a member as a police
670		-	officer, a firefighter, or an emergency medical technician, or a
671		-	school resource officer is waived in PERF. Any credit for that
672		-	service under the 1977 fund shall only be given in accordance
673		-	with section 18 of this chapter.
674		-	(5) Credit for prior service in PERF of a member, other than as a
675		-	police officer, a firefighter, or an emergency medical technician,
676		-	or a school resource officer remains in PERF and may not be
677		-	credited under the 1977 fund.
678		-	SECTION 13. IC 36-8-8-21.5 IS ADDED TO THE INDIANA
679		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
680		-	[EFFECTIVE JULY 1, 2024]: Sec. 21.5. (a) This section applies to a
681		-	HEA 1104 — Concur 17
682		-	school resource officer that becomes or remains a member of the
683		-	1977 fund under section 3(f) or 3(g) of this chapter.
684		-	(b) A school resource officer is a member of the 1977 fund if the
685		-	school resource officer:
686		-	(1) meets the age limitation under section 7(a) of this chapter;
687		-	(2) passes the baseline statewide physical and mental
688		-	examinations required under section 19 of this chapter; and
689		-	(3) meets the training requirements under IC 20-26-18.2-1.
690		-	(c) Credit for prior service of a school resource officer who
691		-	becomes a member of the 1977 fund under this section shall be
692		-	determined under section 18 or 18.1 of this chapter. No service
693		-	credit beyond that allowed under section 18 or 18.1 of this chapter
694		-	may be recognized under the 1977 fund.
695		-	HEA 1104 — Concur Speaker of the House of Representatives
696		-	President of the Senate
697		-	President Pro Tempore
698		-	Governor of the State of Indiana
699		-	Date: Time:
700		-	HEA 1104 — Concur
	830	+	projectile at a student.".
	831	+	Renumber all SECTIONS consecutively.
	832	+	(Reference is to EHB 1104 as printed February 23, 2024.)
	833	+	HUNLEY
	834	+	EH 1104—LS 6812/DI 143