January 27, 2006





SENATE BILL No. 332

_____


DIGEST OF SB 332 (Updated January 26, 2006 9:56 am - DI 113)



Citations Affected: IC 5-10; IC 11-8; IC 20-12; noncode.

Synopsis: Department of correction pension benefits. Specifies that if a hazardous duty employee of the department of correction: (1) works within a prison or juvenile facility or performs parole or emergency response operations and functions; and (2) dies in the line of duty; the employee's survivor is entitled to the $150,000 death benefit from the special death benefit fund. Provides that each child and surviving spouse of such a hazardous duty employee is eligible to attend any state supported college, university, or technical school without paying tuition or mandatory fees. Requires the pension management oversight commission to study retirement and other employee benefits for hazardous duty workers of the department of correction.


Effective: July 1, 2006; January 1, 2007.





Young R Michael




    January 10, 2006, read first time and referred to Committee on Pensions and Labor.
    January 19, 2006, amended, reported favorably _ Do Pass; reassigned to Committee on Appropriations.
    January 26, 2006, amended, reported favorably _ Do Pass.






January 27, 2006


Second Regular Session 114th General Assembly (2006)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 332



    A BILL FOR AN ACT to amend the Indiana Code concerning pensions.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-10-10-1.5; (06)SB0332.2.1. -->     SECTION 1. IC 5-10-10-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1.5. As used in this chapter, "correctional officer" includes:
        (1) a county jail officer under IC 11-12-4-4;
        (2) a person who has received a correctional officer training certificate under IC 11-8-2-8;
        (3) a prison matron or an assistant prison matron under IC 36-8-10-5; and
        (4) any other person whose duties include the daily or ongoing supervision and care of persons who are lawfully detained (as defined in IC 35-41-1-18) in a facility operated by the state or a political subdivision of the state; and
        (5) a hazardous duty employee of the department of correction who:
            (A) works within a prison or juvenile facility; or
            (B) performs parole or emergency response operations and functions.

SOURCE: IC 11-8-2-12; (06)SB0332.2.2. -->     SECTION 2. IC 11-8-2-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 12. Each child and surviving spouse of a hazardous duty employee of the department who:
        (1) works within a prison or juvenile facility; or
        (2) performs parole or emergency response operations and functions;
and dies in the line of duty is eligible to attend any Indiana state supported college, university, or technical school under IC 20-12-19.5-1 without paying tuition or mandatory fees.

SOURCE: IC 20-12-19.5-1; (06)SB0332.2.3. -->     SECTION 3. IC 20-12-19.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 1. (a) The children of:
        (1) regular, paid law enforcement officers;
        (2) regular, paid firefighters;
        (3) volunteer firefighters (as defined in IC 36-8-12-2);
        (4) county police reserve officers;
        (5) city police reserve officers;
        (6) paramedics (as defined in IC 16-18-2-266);
        (7) emergency medical technicians (as defined in IC 16-18-2-112); or
        (8) advanced emergency medical technicians (as defined in IC 16-18-2-6) (repealed); or
        (9) hazardous duty employees of the department of correction who:
            (A) work within a prison or juvenile facility; or
            (B) perform parole or emergency response operations and functions;

who have been killed in the line of duty shall not be required to pay tuition or mandatory fees at any state supported college, university, or technical school, so long as the children are under the age of twenty-three (23) and are full-time students pursuing a prescribed course of study.
    (b) The surviving spouse of: a:
        (1) a regular, paid law enforcement officer;
        (2) a regular, paid firefighter;
        (3) a volunteer firefighter (as defined in IC 36-8-12-2);
        (4) a county police reserve officer;
        (5) a city police reserve officer;
        (6) a paramedic (as defined in IC 16-18-2-266);
        (7) an emergency medical technician (as defined in IC 16-18-2-112); or
        (8) an advanced emergency medical technician (as defined in IC 16-18-2-6) (repealed); or
        (9) a hazardous duty employee of the department of correction who:
            (A) works within a prison or juvenile facility; or
            (B) performs parole or emergency response operations and functions;

who has been killed in the line of duty may not be required to pay tuition or mandatory fees at any state supported college, university, or technical school, so long as the surviving spouse is pursuing a prescribed course of study at the institution towards an undergraduate degree.
    (c) This section applies to the children and surviving spouse of: a:
        (1) a regular, paid law enforcement officer;
        (2) a regular, paid firefighter;
        (3) a volunteer firefighter (as defined in IC 36-8-12-2);
        (4) a county police reserve officer;
        (5) a city police reserve officer;
        (6) a paramedic (as defined in IC 16-18-2-266);
        (7) an emergency medical technician (as defined in IC 16-18-2-112); or
        (8) an advanced emergency medical technician (as defined in IC 16-18-2-6) (repealed); or
        (9) a hazardous duty employee of the department of correction who:
            (A) works within a prison or juvenile facility; or
            (B) performs parole or emergency response operations and functions;

if the public safety officer described in this subsection was a resident of Indiana and was killed in the line of duty before, on, or after July 1, 1993.
SOURCE: ; (06)SB0332.2.4. -->     SECTION 4. [EFFECTIVE JULY 1, 2006] (a) As used in this SECTION, "a hazardous duty worker" means an employee of the department of correction who:
        (1) works within a prison or juvenile facility; or
        (2) performs parole or emergency response operations and functions.
    (b) Before November 1, 2006, the pension management oversight commission established by IC 2-5-12 shall study retirement and other employee benefits for hazardous duty

workers and make recommendations, including any recommended legislation, concerning those benefits. The department of correction and the public employees' retirement fund shall provide assistance as requested by the commission.
    (c) The commission shall operate under the policies governing study committees adopted by the legislative council.
    (d) This SECTION expires December 31, 2006.