January 26, 2001
HOUSE BILL No. 1405
DIGEST OF HB 1405
(Updated January 25, 2001 10:04 AM - DI 94)
Citations Affected: IC 36-8.
Synopsis: County police officer COLAs. Allows a county to provide
cost of living payments to a retired or disabled county police officer
who is less than 55 years of age if the county has funds for the
Effective: July 1, 2001.
January 11, 2001, read first time and referred to Committee on Local Government.
January 25, 2001, reported _ Do Pass.
January 26, 2001
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1405
A BILL FOR AN ACT to amend the Indiana Code concerning local
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-8-10-23; (01)HB1405.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 23. (a) This section
applies to a county that adopts the provisions of this section by an
ordinance of the county fiscal body.
(b) The county fiscal body may provide for:
(1) an annual cost of living payment to retired or disabled
employee beneficiaries, or both; or
(2) an ad hoc cost of living payment to retired or disabled
employee beneficiaries, or both. The amount of the ad hoc cost of
living payment under this subdivision is not an increase in the
base pension benefit calculated under section 12 or 12.1 of this
(c) In the case of an annual cost of living payment granted under
subsection (b)(1), the amount of the cost of living payment shall be
determined each year by the pension engineers under this subsection.
The pension engineers shall determine if there has been an increase in
the Consumer Price Index (United States city average) prepared by the
United States Department of Labor by comparing the arithmetic mean
of the Consumer Price Index for January, February, and March of the
payment year with the same three (3) month period of the preceding
year. If there has been an increase, the increase shall be stated as a
percentage of the arithmetic mean for the three (3) month period for the
year preceding the payment year (the adjustment percentage). The
adjustment percentage shall be rounded to the nearest one-tenth of one
percent (0.1%) and may not exceed three percent (3%).
(d) In the case of a cost of living payment granted under subsection
(b)(2), the amount of the cost of living payment shall be determined by
the county fiscal body and may be:
(1) a percentage increase, not to exceed the percentage
determined under subsection (c); or
(2) a fixed dollar amount.
(e) A payment authorized under this section shall be made to each
authorized retired or disabled employee beneficiary and may be made
annually, semiannually, quarterly, or monthly.
(f) A cost of living payment granted under this section shall be
funded by a direct appropriation or by maintaining a fully funded
actuarially sound trust fund.
(g) Except as provided in section 23.1 of this chapter, a cost of
living payment granted under this section is applicable only to retired
or disabled employee beneficiaries who are at least fifty-five (55) years
(h) No provision of this section shall be made part of any ordinance
or agreement concerning collective bargaining. No provision of this
section shall be subject to bargaining under any statute, ordinance, or
SOURCE: IC 36-8-10-23.1; (01)HB1405.1.2. -->
IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 23.1. A county that provides a
cost of living payment to retired or disabled employee beneficiaries
under section 23 of this chapter may provide for a cost of living
payment to a retired or disabled employee beneficiary who is less
than fifty-five (55) years of age if the county has funds for the