Citations Affected: IC 5-10.2-4-8; IC 36-8.
Synopsis: Public safety leaves of absence; retiree reemployment. Removes the $35,000 salary
exemption for retired members of the public employees' retirement fund (PERF) and the teachers'
retirement fund (TRF) who are reemployed in a covered position. Allows an appointing authority
to grant a leave of absence to a police officer or firefighter for service in an elected office.
Establishes certain rights concerning retirement or pension funds, salaries, promotions, and
seniority for a police officer or firefighter who is on a leave of absence. Requires a police officer
or firefighter who is an officeholder to pay the assessment or contribution to the officeholder's
pension fund for the period of the leave in order to receive service credit for the leave.
Authorizes the officeholder's employer to pay all or a part of the assessment or contribution for
the officeholder. Allows a retired member of the 1925 police pension fund (1925 fund), the 1937
firefighters' pension fund (1937 fund), the 1953 police pension fund (1953 fund), or the 1977
police officers' and firefighters' pension and disability fund (1977 fund) to: (1) be rehired, not
less than 30 days after retirement, by the same unit that employed the member as a police officer
or firefighter for a position other than that of a full-time, fully paid police officer or firefighter;
and (2) continue to receive a retirement benefit from the 1925 fund, 1937 fund, 1953 fund, or
1977 fund. Allows the reemployment provision to be implemented unless the local board (for the
1925, 1937, and 1953 funds) or the PERF board (for the 1977 fund) receives from the Internal
Revenue Service a determination that prohibits the implementation. (This conference
committee report: (1) adds and removes language to resolve a conflict between HB 1119
and SB 51 concerning the reemployment of retired members of PERF and TRF; and (2)
adds language to specify that the establishment of a policy regarding the ability of a police
officer or firefighter, during a leave of absence, to participate in any promotional process
or earn seniority is subject to the existing disciplinary procedures of the police officer's or
firefighter's department.)
Effective: July 1, 2008.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1119 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
a leave of absence to any other full-time, fully paid police officer or
firefighter.
(b) A leave of absence under subsection (a) shall be granted for
service in the Indiana general assembly. and A leave of absence under
subsection (a) may also be granted only for service in any other
elected office or for one (1) of the following reasons:
(1) Sickness.
(2) Disability.
(3) Sabbatical purposes.
However, a leave of absence because of disability may not be granted
to a member of the 1977 fund under this subsection unless a leave
granted under subsection (g) has expired without disability benefits
having been paid from the 1977 fund. In the case of such an expiration,
a leave for purposes of disability may be granted under this subsection
but only until the member's eligibility for disability benefits is finally
determined.
(c) Before a leave of absence may be granted for sabbatical
purposes, the member must submit a written request explaining and
justifying the leave to the appointing authority. Sabbatical purposes
must be related to the improvement of the member's professional
performance and skills, such as education, special training, work
related experience, and exchange programs.
(d) This subsection applies to leaves of absence granted under
subsection (b)(1), (b)(2), or (b)(3). A leave of absence may extend for
a period of not more than one (1) year, determined by the appointing
authority, and may be renewed upon written request of the member.
(e) This subsection applies to leaves of absence granted for service
in the Indiana general assembly. If an elected office. A police officer
or firefighter who serves in the general assembly he shall be granted a
leave for the time spent in this service, including the time spent for
committee or legislative council meetings. A police officer or
firefighter who serves in any other elected office may be granted a
leave for the time spent in this service. Leave for service in an
elected office does not diminish a police officer's or firefighter's
rights under the police officer's or firefighter's retirement or
pension fund, except as provided in section 10 of this chapter, or
advancement on the police officer's or firefighter's department
salary schedule. For these purposes, the police officer or firefighter
is, despite the leave, considered to be a member of the department
during that time.
(f) This subsection applies to leaves of absence granted under
subsection (b)(1), (b)(2), or (b)(3). A member on leave may receive
compensation in an amount determined by the appointing authority, up
to a maximum amount that equals his the member's salary before the
leave began.
(g) This subsection applies only to members of the 1977 fund. The
local board may grant a leave of absence for purposes of disability to
full-time, fully paid police officers or firefighters (including the police
chief or fire chief). The leave is subject to the following conditions:
(1) The police chief or fire chief must make a written
determination that there is no suitable and available work on the
appropriate department for which the fund member is or may be
capable of becoming qualified.
(2) The leave must be approved by the local board after a hearing
conducted under IC 36-8-8-12.7.
(3) The leave may not begin until the police officer or firefighter
has exhausted all paid leave for sickness.
(4) The leave shall continue until disability benefits are paid from
the 1977 fund. However, the leave may not continue for more
than six (6) months.
(5) During the leave, the police officer or firefighter is entitled to
receive compensation in an amount equal to fifty percent (50%)
of the salary of a first class patrolman or first class firefighter on
the date the leave begins.
Payments of compensation under this subsection may not be made from
the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund.
(h) Determinations under subsection (g) are not reviewable by the
board of trustees of the public employees' retirement fund.
(i) This subsection applies to leaves of absence granted under
subsection (a) or (b). An appointing authority shall establish a
policy in writing that specifies whether a police officer or
firefighter is entitled, during a leave of absence, to participate in
any promotional process or earn seniority. A policy established
under this subsection is subject to a department's existing
disciplinary procedures. An appointing authority shall reinstate a
police officer or firefighter returning from a leave at the merit or
permanent rank determined under the policy established under
this subsection. However, except as otherwise provided by federal
law, an appointing authority is not required to reinstate a police
officer or firefighter in the job that the police officer or firefighter
held at the time the police officer's or firefighter's leave began.
would have paid during the period of the leave had the member not
been on the leave during that time. The member's employer may
pay all or a part of the assessment or contribution for the member.
under this chapter.
(b) This section may be implemented unless the PERF board
receives from the Internal Revenue Service a determination that
prohibits the implementation.
(Reference is to EHB 1119 as reprinted February 27, 2008.)
____________________________ ____________________________
Representative Austin Senator Weatherwax
Chairperson
____________________________ ____________________________
Representative Wolkins Senator Lanane
House Conferees Senate Conferees