Indianapolis-Marion County Revised Code § 279-401 Determination of pension fund membership.
Sec. 279-401. - Determination of pension fund membership.
(1) A member of the county police force who was an employee beneficiary of the sheriff's pension trust before the consolidation of the law enforcement departments and after the consolidation becomes a law enforcement officer of the Indianapolis Metropolitan Police Department remains an employee beneficiary of the sheriff's pension trust. The member retains, after the consolidation, credit in the sheriff's pension trust for service earned while a member of the county police force and continues to earn service credit in the sheriff's pension trust as a member of the department for purposes of determining the member's benefits from the sheriff's pension trust.
(2) Management of the sheriff's pension trust shall continue as currently constituted.
(3) A member of the police department of the consolidated city who was a member of the 1953 fund or the 1977 fund before the consolidation of the law enforcement departments and after the consolidation becomes a law enforcement officer of the department remains a member of the 1953 fund or the 1977 fund. The member retains, after the consolidation, credit in the 1953 fund or the 1977 fund for service earned while a member of the police department of the consolidated city and continues to earn service credit in the 1953 fund or the 1977 fund as a member of the department for purposes of determining the member's benefits from the 1953 fund or the 1977 fund.
(4) Whether members of the department are subject to Social Security withholding shall be determined by the Social Security Administration in accordance with federal and state law. No member of the sheriff's department who becomes a member of the department and remains in the sheriff's department pension plan will be removed from Social Security against his or her wishes.
(5) A member who is appointed or re-appointed to the department after December 31, 2006, who was not employed by the sheriff's department or the Indianapolis Police Department on December 31, 2006, is a member of the 1977 fund.
(6) Members of the sheriff's department and of the police department shall not suffer any loss in pay, pension, or fringe benefits by reason of such consolidation. Sick leave, longevity and vacation time accrued by such members prior to consolidation shall be credited to members, subject to existing contracts. Nothing in this provision limits the ability of members, their collective bargaining agent and/or the department from negotiating pay, pension, fringe benefits or other job benefits.
(7) No members of the sheriff's department or police department shall be terminated due to this consolidation. Members shall retain the merit ranks they attained prior to consolidation, subject to changes due to disciplinary or other similar action.
(G.O. 110, 2005, § 1; G.O. 47, 2009, § 16)
