become and may not be assumed, defeased, paid, or refunded by the
consolidated city. Indebtedness related to fire protection services that
is incurred by the consolidated city before the effective date of the
consolidation shall remain the debt of the consolidated city and
property taxes levied to pay the debt may only be levied by the fire
special service district.
(f) The rights of trustees and bondholders with respect to any:
(1) bonds or other indebtedness described in subsection (e); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (e);
remain the same, notwithstanding any consolidation of fire
departments under this section.
(f) (g) If the requirements of subsection (g) (k) are satisfied and the
fire department of an entity listed in subsection (a) is consolidated into
the fire department of a consolidated city, the merit board and the merit
system of the each fire department that is consolidated into the fire
department of the consolidated city are dissolved on the effective
date of the consolidation, and the duties of the merit board are
transferred to and assumed by the merit board for the consolidated fire
department on the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5 and notice of the hearing
shall be published in accordance with IC 5-3-1. If the township
legislative body has adopted a resolution under this subsection, the
township legislative body shall, after approval from the township
trustee, forward the resolution to the legislative body of the
consolidated city. If such a resolution is forwarded to the legislative
body of the consolidated city and the legislative body of the
consolidated city adopts an ordinance, approved by the mayor of the
consolidated city, approving the consolidation of the fire department of
the township into the fire department of the consolidated city, the
requirements of this subsection are satisfied. The consolidation shall
take effect on the date agreed to by the township legislative body in its
resolution and by the legislative body of the consolidated city in its
ordinance approving the consolidation.
(h) The following apply if the requirements of subsection (g) (k) are
satisfied:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) (1) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) (2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) (3) For property taxes first due and payable in the first
calendar year in which property taxes are first due and
payable based on the consolidation, is effective, the maximum
permissible ad valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal
to the maximum permissible ad valorem property tax levy in
the year preceding the year in which the consolidation is
effective for fire protection and related services by the
township whose fire department is consolidated into the fire
department of the consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire
protection and related services for the township.
(5) (4) The amount levied in the year preceding the year in which
the consolidation is effective by the township whose fire
department is consolidated into the fire department of the
consolidated city for balance in the township's cumulative
building and equipment fund for fire protection and related
services is transferred on the effective date of the consolidation to
the consolidated city's cumulative building and equipment fund
for fire protection and related services, which is hereby
established. The consolidated city is exempted from the
requirements of IC 36-8-14 and IC 6-1.1-41 regarding
establishment of the cumulative building and equipment fund for
fire protection and related services. of a township whose fire
department is consolidated into the fire department of the
consolidated city shall be used as provided in subsection (c).
(6) (5) The local boards for the 1937 firefighters' pension fund
and the 1977 police officers' and firefighters' pension and
disability fund of the township an entity whose fire department
is consolidated into the fire department of the consolidated
city are dissolved, and their services are terminated not later than
the effective date of the consolidation. The duties performed by
the local boards under IC 36-8-7 and IC 36-8-8, respectively, are
assumed by the consolidated city's local board for the 1937
firefighters' pension fund and local board for the 1977 police
officers' and firefighters' pension and disability fund, respectively.
Notwithstanding any other provision, the legislative body of the
consolidated city may adopt an ordinance to adjust the
membership of the consolidated city's local board to reflect the
consolidation.
(7) (6) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit area served by the consolidated fire department to
provide for the payment of the expenses for the operation of the
consolidated fire department. However, property taxes to fund the
pension obligation under IC 36-8-7 for members of the 1937
firefighters fund who were employees of the consolidated city at
the time of the consolidation may be levied only by the fire
special service district within the fire special service district. The
fire special service district established under IC 36-3-1-6 may
levy property taxes to provide for the payment of expenses for the
operation of the consolidated fire department within or that
directly benefit the territory of the fire special service district.
Property taxes to fund the pension obligation under IC 36-8-8 for
members of the 1977 police officers' and firefighters' pension and
disability fund who were members of the fire department of the
consolidated city on the effective date of the consolidation may be
levied only by the fire special service district within the fire
special service district. Property taxes to fund the pension
obligation for members of the 1937 firefighters fund who were
not members of the fire department of the consolidated city on the
effective date of the consolidation and members of the 1977
police officers' and firefighters' pension and disability fund who
were not members of the fire department of the consolidated city
on the effective date of the consolidation may be levied by the
consolidated city within the city's maximum permissible ad
valorem property tax levy. However, these taxes may be levied
only within the fire special service district and any townships that
have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative council
in an electronic format under IC 5-14-6 and to the state budget
committee.
(i) For a township that consolidated its fire department into the
fire department of the consolidated city before July 1, 2009, this
section applies to the consolidation to the extent this section does
not conflict with:
(1) the consolidation ordinances adopted by the consolidated
city and the township; or
(2) any consolidation agreement between the consolidated city
and the township.
(j) Before January 1, 2010, the consolidated fire department
shall develop a strategic plan to determine resource requirements
and resource deployments for the consolidated fire department.
The consolidated fire department shall determine the resource
requirements and resource deployments based on the risk
assessment models promulgated by the Center for Public Safety
Excellence, Inc., or a successor entity. The consolidated fire
department must, for each year before 2020:
(1) update the strategic plan at least once every three (3)
years; and
(2) annually report to the legislative body of the consolidated
city concerning the implementation of the strategic plan.
(k) The legislative body of the consolidated city shall, not later
than December 31, 2009, adopt an ordinance approving the
consolidation of fire services as provided in this section. After an
ordinance approving the consolidation of fire services as provided
in this section is adopted, the consolidation of fire services may not
be reversed or rescinded. An ordinance approving the
consolidation of fire services as provided in this section does not
apply to an excluded city.
protection services and law enforcement services are best
performed by a workforce that represents the community served
by those departments.
(b) The executive of the consolidated city shall, before January
1, 2010, institute revised procedures to ensure that the hiring and
promotional practices of the consolidated fire department and the
consolidated law enforcement department of the consolidated city
achieve the policy set forth in subsection (a), as permitted by state
and federal law. These revised procedures are subject to the review
and approval of the legislative body of the consolidated city.
(d), that a member of the police or fire department reside within the
city until the member has served in the department for five (5) years.
(e) (f) An ordinance adopted under subsection (c) (d) or described
in subsection (d)(2) (e)(2) may not require a member of a city's police
or fire department to reside within the county in which the city is
located if the member resides outside the county on the date the
ordinance is adopted.
IC 36-8-7-3.
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit
for all the police officer's or firefighter's years of service, including
years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred twenty thousand (120,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1 or IC 36-3-1-6.1;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated fire
department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer
or firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the law
enforcement department or fire department of a consolidated city;
and
(3) after the consolidation, the police officer or firefighter
becomes an employee of the consolidated law enforcement
department or the consolidated fire department under
IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) A police officer or firefighter who is a member of the 1977 fund
under subsection (k) or (l):
(1) may not be:
(1) (A) retired for purposes of section 10 of this chapter; or
(2) (B) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation;
and
(2) shall receive credit for all years of service as a member of
the 1977 fund before the consolidation described in subsection
(k) or (l).".