HB 1188

                                             *HB1188.1*
                                                            January 22, 2026
           HOUSE BILL No. 1188
                 _____
  DIGEST OF HB 1188 (Updated January 21, 2026 3:14 pm - DI 141)
Citations Affected: IC 10-12; IC 36-8.
Synopsis: Police pension matters. Extends eligibility for supplemental
pension benefits and incentive increases to employee beneficiaries of
the state police 1987 benefit system. (Current law provides eligibility
to employee beneficiaries under the state police pre-1987 benefit
system.) Modifies the: (1) terms of eligibility for; and (2) calculation
of; supplemental pension benefits and incentive increases. Provides
that first time payments of and increases to supplemental pension
benefits shall be paid or commence beginning in July of each year.
Makes changes to the definition of a "school resource officer" for
provisions relating to the 1977 police officers' and firefighters' pension
and disability fund (1977 fund). Provides that a school police
department may participate in the 1977 fund. Establishes requirements
for establishing a local board for school police departments. Provides
that an appointing authority shall waive the age restriction for a school
resource officer for purposes of the 1977 fund if certain conditions are
met. Provides that a school corporation or charter school that employs
a school resource officer must enter into a contract or memorandum of
understanding with a local law enforcement agency for the purpose of
complying with the reporting and payment requirements for purposes
of the 1977 fund. Makes conforming amendments.
Effective: July 1, 2026.
       Davis, VanNatter, Bartlett
   January 5, 2026, read first time and referred to Committee on Employment, Labor and
Pensions.
   January 22, 2026, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1188—LS 6774/DI 153
                                                                             January 22, 2026
            Second Regular Session of the 124th General Assembly (2026)
 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.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1188
    A BILL FOR AN ACT to amend the Indiana Code concerning
 pensions.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 10-12-5-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. This chapter is
3 intended to be a supplement to IC 10-12-3 and IC 10-12-4 and does
4 not repeal, impair, or otherwise adversely affect the pension fund or
5 pension benefits provided for in IC 10-12-3 and IC 10-12-4 for eligible
6 employees of the department.
7    SECTION 2. IC 10-12-5-2 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. To become eligible
9 for any supplemental benefits provided in this chapter, an employee of
10 the department must:
11(1) be at least fifty-five (55) years of age;
12(2) have completed at least:
13(A) twenty (20) years of service with the department, or be
14retired by virtue of becoming fifty-five (55) years of age; if
15IC 10-12-3 applies to the employee; or
16(B) twenty-five (25) years of service with the department,
17if IC 10-12-4 applies to the employee; and
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1(3) be eligible to receive retirement benefits under IC 10-12-3 or
2IC 10-12-4.
3     SECTION 3. IC 10-12-5-3, AS AMENDED BY P.L.201-2023,
4 SECTION 124, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) The pension advisory board
6 that administers the pension under IC 10-12-3 and IC 10-12-4 shall
7 direct and supervise the supplemental benefits provided in this chapter.
8     (b) The pension advisory board shall:
9(1) annually provide a schedule showing the number of retirees
10receiving pension benefits under IC 10-12-3 and IC 10-12-4; and
11(2) meet at least one (1) time each year to add to the regular
12pension benefit or annuity and any previously granted
13supplemental benefit the amount described in subsection (c), or
14(d), (e), or (f).
15     (c) This subsection applies only to a retiree under IC 10-12-3 who
16 is eligible for the first time under section 2 of this chapter to receive a
17 supplemental benefit and who retires before July 1, 2026. The
18 supplemental benefit referred to in subsection (b)(2) for a retiree in the
19 first year the retiree is eligible for a supplemental benefit is the sum of:
20(1) the difference between:
21(A) the retiree's pension benefit; and
22(B) the pension benefit:
23(i) received by an employee retiring in that year from the
24department with twenty (20) years of active service whose
25average monthly wage is equal to the monthly wage
26received by a police employee in the grade of trooper at
27the beginning of the trooper's sixth year of service; and
28(ii) computed on the day the pension advisory board meets
29as required under subsection (b)(2); plus
30(2) any amount computed under subsection (d) after the date the
31retiree reaches fifty-five (55) years of age.
32     (d) This subsection applies to a retiree under IC 10-12-3 who is
33 eligible under section 2 of this chapter to receive a supplemental
34 benefit, but whose supplemental benefit is not computed under
35 subsection (c). The supplemental benefit referred to in subsection
36 (b)(2) is equal to the following:
37(1) For a supplemental benefit calculated in 2026, either:
38(A) if on July 1, 2026, there is no change in the monthly
39wage received by a police employee in the grade of trooper
40at the beginning of the trooper's sixth year of service, fifty
41percent (50%) of the difference between:
42(i) the pension benefits to be received by an employee
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1retiring from the department with twenty (20) years of
2active service and whose average monthly wage is equal
3to the monthly wage received by a police employee in the
4grade of trooper at the beginning of the trooper's sixth
5year of service; and
6(ii) the pension benefits to be received by an employee
7retiring from the department with twenty (20) years of
8active service and whose average monthly wage is equal
9to the monthly wage received by a police employee in the
10grade of trooper at the beginning of the trooper's fourth
11year of service; or
12(B) if the condition described in clause (A) does not apply,
13fifty percent (50%) of the difference between:
14(i) the pension benefits to be received by an employee
15retiring from the department with twenty (20) years of
16active service and whose average monthly wage is equal
17to the monthly wage received by a police employee in the
18grade of trooper at the beginning of the trooper's sixth
19year of service the day after a change in the monthly
20wage received by a police employee in the grade of
21trooper at the beginning of the trooper's sixth year of
22service; and
23(ii) the pension benefit received by an employee retiring
24from the department with twenty (20) years of active
25service and whose average monthly wage is equal to the
26monthly wage received by a police employee in the grade
27of trooper at the beginning of the trooper's fourth year
28of service the day before a change in the monthly wage
29received by a police employee in the grade of trooper at
30the beginning of the trooper's fourth year of service.
31     (2) For a supplemental benefit calculated in a year not
32     described in subdivision (1), fifty percent (50%) of the
33     difference between:
34(1) (A) the pension benefits to be received by an employee
35retiring from the department:
36(i) with twenty (20) years of active service; and
37(ii) whose average monthly wage is equal to the monthly
38wage received by a police employee in the grade of
39trooper at the beginning of the trooper's sixth year of
40service;
41the day after a change in the monthly wage received by a
42police employee in the grade of trooper at the beginning of the
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1trooper's fourth sixth year of service; and
2(2) (B) the pension benefit received by an employee retiring
3from the department:
4(i) with twenty (20) years of active service; and
5(ii) whose average monthly wage is equal to the monthly
6wage received by a police employee in the grade of
7trooper at the beginning of the trooper's sixth year of
8service;
9the day before a change in the monthly wage received by a
10police employee in the grade of trooper at the beginning of the
11trooper's fourth sixth year of service.
12    (e) This subsection applies to a retiree under IC 10-12-4 who is
13 eligible under section 2 of this chapter to receive a supplemental
14 benefit and who has not already received a supplemental benefit
15 under this subsection. The supplemental benefit referred to in
16 subsection (b)(2) is equal to fifty percent (50%) of the difference
17 between:
18(1) the retiree's pension benefit; and
19(2) the pension benefit:
20(A) received by an employee retiring in that year from the
21department with twenty-five (25) years of active service
22whose average monthly wage is equal to the monthly wage
23received by a police employee in the grade of trooper at the
24beginning of the trooper's sixth year of service; and
25(B) computed on the day the pension advisory board meets
26as required under subsection (b)(2).
27 For purposes of this subsection, a retiree that meets the criteria in
28 section 2 of this chapter may be eligible for supplemental benefits
29 notwithstanding the fact that the retiree received benefits under
30 IC 10-12-4 prior to July 1, 2026.
31    (f) This subsection applies to a retiree under IC 10-12-4 who is
32 eligible under section 2 of this chapter to receive a supplemental
33 benefit, but whose supplemental benefit is not computed under
34 subsection (e). The supplemental benefit referred to in subsection
35 (b)(2) is equal to fifty percent (50%) of the difference between:
36(1) the pension benefit to be received by an employee retiring
37from the department:
38(A) with twenty-five (25) years of active service; and
39(B) whose average monthly wage is equal to the monthly
40wage received by a police employee in the grade of trooper
41at the beginning of the trooper's sixth year of service;
42the day after a change in the monthly wage received by a
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1police employee in the grade of trooper at the beginning of the
2trooper's sixth year of service; and
3(2) the pension benefit received by an employee retiring from
4the department:
5(A) with twenty-five (25) years of active service; and
6(B) whose average monthly wage is equal to the monthly
7wage received by a police employee in the grade of trooper
8at the beginning of the trooper's sixth year of service;
9the day before a change in the monthly wage received by a
10police employee in the grade of trooper at the beginning of the
11trooper's sixth year of service.
12     SECTION 4. IC 10-12-5-4, AS AMENDED BY P.L.1-2009,
13 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2026]: Sec. 4. This section applies to supplemental benefits
15 paid to employee beneficiaries receiving pension benefits under
16 IC 10-12-3. As an incentive to all employees of the department, the
17 supplemental pension benefits of this chapter shall be increased by
18 more than the increase provided in section 3(c) or 3(d) of this chapter,
19 at the rate of a five percent (5%) per year increase for each year of
20 active service over twenty (20) years up to thirty (30) years of service,
21 as calculated in section 3(c) or 3(d) of this chapter.
22     SECTION 5. IC 10-12-5-4.5 IS ADDED TO THE INDIANA CODE
23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
24 1, 2026]: Sec. 4.5. This section applies to supplemental benefits paid
25 to employee beneficiaries receiving pension benefits under
26 IC 10-12-4. As an incentive to all employees of the department, the
27 supplemental pension benefits of this chapter shall be increased by
28 more than the increase provided in section 3(e) or 3(f) of this
29 chapter, at the rate of a five percent (5%) per year increase for
30 each year of active service over twenty-five (25) years up to
31 thirty-five (35) years of service, as calculated in section 3(e) or 3(f)
32 of this chapter.
33     SECTION 6. IC 10-12-5-7 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. The supplemental
35 pension benefits provided for in this chapter shall be paid at the same
36 time and along with the regular pension benefits. First time payments
37 of and increases to supplemental pension benefits shall be paid or
38 commence beginning in July of each year.
39     SECTION 7. IC 36-8-4.7-2, AS ADDED BY P.L.115-2016,
40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2026]: Sec. 2. As used in this chapter, "appointing authority"
42 means:
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1(1) the chief executive officer, board, or other entity of a police
2department with authority to appoint and hire a member of the
3police department; or
4(2) the chief executive officer, board, or other entity of a fire
5department with authority to appoint and hire a member of the fire
6department;
7(3) for purposes of a school resource officer who becomes or
8remains a member of the 1977 fund under IC 36-8-8-3(f) or
9IC 36-8-8-3(g), the governing body of a school corporation or
10the equivalent for a charter school; or
11(4) for purposes of a school police officer, the governing body
12of a school corporation or the equivalent for a charter school.
13     SECTION 8. IC 36-8-4.7-5, AS AMENDED BY P.L.238-2025,
14 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2026]: Sec. 5. (a) Notwithstanding any contrary law, an
16 appointing authority shall waive any age restriction for a person not
17 more than forty (40) years and six (6) months of age that applies to the
18 appointment and hiring of an individual as:
19(1) a member of the police department; or
20(2) a member of the fire department; or
21(3) a school resource officer (as defined in IC 36-8-8-2.2);
22 if the individual meets the requirements of subsection (b).
23     (b) An individual who meets all the following requirements is
24 entitled to the waiver described in subsection (a):
25(1) On the date the individual applies to be appointed and hired
26as:
27(A) a member of the police department; or
28(B) a member of the fire department; or
29(C) a school resource officer (as defined in IC 36-8-8-2.2);
30the individual is a veteran who has completed at least twenty (20)
31years of military service.
32(2) The individual received or is eligible to receive a discharge
33from the armed forces of the United States under conditions other
34than conditions set forth in IC 10-17-12-7.5(2).
35(3) The individual meets all other requirements for appointment
36and hiring as:
37(A) a member of the police department; or
38(B) a member of the fire department; or
39(C) a school resource officer (as defined in IC 36-8-8-2.2);
40including all physical requirements.
41     (c) An individual who is entitled to the waiver described in
42 subsection (a) is eligible to become a member of the 1977 fund.
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1     SECTION 9. IC 36-8-8-2.1, AS AMENDED BY P.L.135-2024,
2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 2.1. (a) As used in this chapter, "local board"
4 means the following:
5(1) For a unit that established a 1925 fund for its police officers,
6the local board described in IC 36-8-6-2.
7(2) For a unit that established a 1937 fund for its firefighters, the
8local board described in IC 36-8-7-3.
9(3) For a consolidated city that established a 1953 fund for its
10police officers, the local board described in IC 36-8-7.5-2.
11(4) For a unit, other than a consolidated city, that did not establish
12a 1925 fund for its police officers or a 1937 fund for its
13firefighters, the local board described in subsection (b) or (c).
14(5) For an airport authority, the board of an airport authority.
15(6) For a school resource officer, the local board described in
16subdivisions (1) through (4) that manages the fund established in
17the unit or the consolidated city in which the:
18(A) territory of the school corporation; or
19(B) charter school;
20is located. However, if more than one (1) local board is applicable
21under this subdivision, the governing body of the school
22corporation or the equivalent authority for the charter school that
23employs or contracts to employ the school resource officer may
24choose the applicable local board with respect to the school
25resource officer.
26(7) For a school corporation police department established
27under IC 20-26-16, a local board designated under section 25
28of this chapter.
29     (b) If a unit did not establish a 1925 fund for its police officers, a
30 local board shall be composed in the same manner described in
31 IC 36-8-6-2(b). However, if there is not a retired member of the
32 department, no one shall be appointed to that position until such time
33 as there is a retired member.
34     (c) If a unit did not establish a 1937 fund for its firefighters, a local
35 board shall be composed in the same manner described in
36 IC 36-8-7-3(b). However, if there is not a retired member of the
37 department, no one shall be appointed to that position until such time
38 as there is a retired member.
39     SECTION 10. IC 36-8-8-2.2, AS ADDED BY P.L.135-2024,
40 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2026]: Sec. 2.2. As used in this chapter, "school resource
42 officer" has the meaning means a law enforcement officer:
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1(1) with sworn authority;
2(2) who is trained in school based law enforcement and crisis
3response;
4(3) who is assigned by a law enforcement agency to work
5collaboratively with one (1) or more schools; and
6(4) who has satisfied the training requirements set forth in
7IC 20-26-18.2-1.
8 The term does not include a law enforcement officer employed by
9 a school corporation police department established under
10 IC 20-26-16.
11     SECTION 11. IC 36-8-8-3, AS AMENDED BY P.L.135-2024,
12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2026]: Sec. 3. (a) If a town establishes a board of metropolitan
14 police commissioners, or if a town becomes a city, the municipality
15 shall participate in the 1977 fund and shall enroll all full-time police
16 officers and firefighters in the 1977 fund. However, if a police officer
17 or former marshal is a member of the public employees' retirement
18 fund, the police officer or former marshal may continue as a member
19 of that fund instead of the 1977 fund. Notwithstanding the age
20 requirements under section 7(a) of this chapter, a police officer or
21 former marshal employed by a municipality at the time the
22 municipality enters the 1977 fund under this section shall be a member
23 of the 1977 fund unless the police officer or former marshal elects to
24 continue as a member of the public employees' retirement fund. A
25 person may become a member of the 1977 fund under this subsection
26 without meeting the age limitation under section 7(a) of this chapter
27 only if the person satisfies:
28(1) any aptitude, physical agility, or physical and mental standards
29established by a local board under IC 36-8-3.2; and
30(2) the minimum standards that are:
31(A) adopted by the system board under section 19 of this
32chapter; and
33(B) in effect on the date the person becomes a member of the
341977 fund.
35 Credit for prior service of a person who becomes a member of the 1977
36 fund under this subsection shall be determined under section 18 or 18.1
37 of this chapter. No service credit beyond that allowed under section 18
38 or 18.1 of this chapter may be recognized under the 1977 fund.
39     (b) If a unit did not establish a 1937 fund for its firefighters, the unit
40 may participate in the public employees' retirement fund or it may
41 participate in the 1977 fund. If a unit established a 1937 fund for its
42 firefighters, the unit is and shall remain a participant in the 1977 fund.
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1     (c) A unit that:
2(1) has not established a pension fund for its firefighters; or
3(2) is participating in the public employees' retirement fund under
4subsection (b);
5 may participate in the 1977 fund upon approval by the fiscal body,
6 notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
7 under this subsection must comply with section 21 of this chapter.
8 However, if a police officer or firefighter is a member of the public
9 employees' retirement fund, the police officer or firefighter may
10 continue as a member of that fund instead of the 1977 fund.
11     (d) If a unit that participates in the 1977 fund provides longevity
12 increases, the amount of the longevity increase provided in a year must
13 be greater than or equal to the amount of the longevity increase
14 provided in the previous year.
15     (e) An airport authority may participate in the 1977 fund. An airport
16 authority that participates in the 1977 fund under this subsection must
17 comply with section 21 of this chapter. However, if a police officer or
18 firefighter is a member of the public employees' retirement fund, the
19 police officer or firefighter may continue as a member of that fund
20 instead of the 1977 fund.
21     (f) A school corporation or charter school that:
22(1) employs a school resource officer; or
23(2) enters into a contract or memorandum of understanding with
24a local law enforcement agency to employ a school resource
25officer;
26(A) local law enforcement agency;
27(B) private entity; or
28(C) nonprofit corporation;
29to employ a school resource officer;
30 may allow the school resource officer to participate in the 1977 fund.
31 A school corporation or charter school that participates in the 1977
32 fund employs a school resource officer under this subsection or
33 subsection (g) must comply with section 21.5 of this chapter and must
34 enter into a contract or memorandum of understanding with a
35 local law enforcement agency for the purpose of complying with
36 the reporting and payment requirements under sections 6 and 6.5
37 of this chapter. However, if a school resource officer is a member of
38 the public employees' retirement fund, the school resource officer may
39 continue as a member of that fund instead of the 1977 fund.
40     (g) A school resource officer hired or rehired after June 30, 2024,
41 who is a member of the 1977 fund shall remain in the 1977 fund.
42     (h) A school corporation or charter school that establishes a
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1 school police department under IC 20-26-16 may participate in the
2 1977 fund. For purposes of this chapter, the term "police officer"
3 includes a school police officer who is a member of a school
4 corporation or charter school police department that participates
5 in the 1977 fund. Notwithstanding the age requirements under
6 section 7(a) of this chapter, a school police officer employed by a
7 school corporation or charter school at the time the school
8 corporation or charter school enters the 1977 fund under this
9 section shall be a member of the 1977 fund unless the school
10 corporation or charter school elects to continue the school police
11 officer as a member of the public employees' retirement fund. A
12 school police officer may become a member of the 1977 fund under
13 this subsection without meeting the age limitation under section
14 7(a) of this chapter only if the school police officer satisfies:
15(1) any aptitude, physical agility, or physical and mental
16standards established by a local board under IC 36-8-3.2; and
17(2) the minimum standards that are:
18(A) adopted by the system board under section 19 of this
19chapter; and
20(B) in effect on the date the school police officer becomes
21a member of the 1977 fund.
22 Credit for prior service of a school police officer who becomes a
23 member of the 1977 fund under this subsection shall be determined
24 under section 18 or 18.1 of this chapter. No service credit beyond
25 that allowed under section 18 or 18.1 of this chapter may be
26 recognized under the 1977 fund.
27     SECTION 12. IC 36-8-8-7, AS AMENDED BY P.L.102-2023,
28 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2026]: Sec. 7. (a) Subject to IC 36-8-4.7 and except as
30 provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m), a police
31 officer or a firefighter who:
32(1) is less than forty (40) years of age; and
33(2) passes the baseline statewide physical and mental
34examinations required under section 19 of this chapter;
35 shall be a member of the 1977 fund and is not a member of the 1925
36 fund, the 1937 fund, or the 1953 fund.
37     (b) A police officer or firefighter with service before May 1, 1977,
38 who is hired or rehired after April 30, 1977, may receive credit under
39 this chapter for service as a police officer or firefighter prior to entry
40 into the 1977 fund if the employer who rehires the police officer or
41 firefighter chooses to contribute to the 1977 fund the amount necessary
42 to amortize the police officer's or firefighter's prior service liability over
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1 a period of not more than thirty (30) years, the amount and the period
2 to be determined by the system board. If the employer chooses to make
3 the contributions, the police officer or firefighter is entitled to receive
4 credit for the police officer's or firefighter's prior years of service
5 without making contributions to the 1977 fund for that prior service. In
6 no event may a police officer or firefighter receive credit for prior years
7 of service if the police officer or firefighter is receiving a benefit or is
8 entitled to receive a benefit in the future from any other public pension
9 plan with respect to the prior years of service.
10     (c) Except as provided in section 18 of this chapter, a police officer
11 or firefighter is entitled to credit for all years of service after April 30,
12 1977, with the police or fire department of an employer covered by this
13 chapter.
14     (d) A police officer or firefighter with twenty (20) years of service
15 does not become a member of the 1977 fund and is not covered by this
16 chapter, if the police officer or firefighter:
17(1) was hired before May 1, 1977;
18(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
19of which were repealed September 1, 1981); and
20(3) is rehired after April 30, 1977, by the same employer.
21     (e) A police officer or firefighter does not become a member of the
22 1977 fund and is not covered by this chapter if the police officer or
23 firefighter:
24(1) was hired before May 1, 1977;
25(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
26of which were repealed September 1, 1981);
27(3) was rehired after April 30, 1977, but before February 1, 1979;
28and
29(4) was made, before February 1, 1979, a member of a 1925,
301937, or 1953 fund.
31     (f) A police officer or firefighter does not become a member of the
32 1977 fund and is not covered by this chapter if the police officer or
33 firefighter:
34(1) was hired by the police or fire department of a unit before May
351, 1977;
36(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
37of which were repealed September 1, 1981);
38(3) is rehired by the police or fire department of another unit after
39December 31, 1981; and
40(4) is made, by the fiscal body of the other unit after December
4131, 1981, a member of a 1925, 1937, or 1953 fund of the other
42unit.
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1 If the police officer or firefighter is made a member of a 1925, 1937, or
2 1953 fund, the police officer or firefighter is entitled to receive credit
3 for all the police officer's or firefighter's years of service, including
4 years before January 1, 1982.
5     (g) As used in this subsection, "emergency medical services" and
6 "emergency medical technician" have the meanings set forth in
7 IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
8(1) is employed by a unit that is participating in the 1977 fund;
9(2) was employed as an emergency medical technician by a
10political subdivision wholly or partially within the department's
11jurisdiction;
12(3) was a member of the public employees' retirement fund during
13the employment described in subdivision (2); and
14(4) ceased employment with the political subdivision and was
15hired by the unit's fire department due to the reorganization of
16emergency medical services within the department's jurisdiction;
17 shall participate in the 1977 fund. A firefighter who participates in the
18 1977 fund under this subsection is subject to sections 18 and 21 of this
19 chapter.
20     (h) A police officer or firefighter does not become a member of the
21 1977 fund and is not covered by this chapter if the individual was
22 appointed as:
23(1) a fire chief under a waiver under IC 36-8-4-6(c); or
24(2) a police chief under a waiver under IC 36-8-4-6.5(c);
25 unless the executive of the unit requests that the 1977 fund accept the
26 individual in the 1977 fund and the individual previously was a
27 member of the 1977 fund.
28     (i) A police matron hired or rehired after April 30, 1977, and before
29 July 1, 1996, who is a member of a police department in a second or
30 third class city on March 31, 1996, is a member of the 1977 fund.
31     (j) A park ranger who:
32(1) completed at least the number of weeks of training at the
33Indiana law enforcement academy or a comparable law
34enforcement academy in another state that were required at the
35time the park ranger attended the Indiana law enforcement
36academy or the law enforcement academy in another state;
37(2) graduated from the Indiana law enforcement academy or a
38comparable law enforcement academy in another state; and
39(3) is employed by the parks department of a city having a
40population of more than one hundred ten thousand (110,000) and
41less than one hundred fifty thousand (150,000);
42 is a member of the fund.
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                                    13
1     (k) Notwithstanding any other provision of this chapter, a police
2 officer or firefighter:
3(1) who is a member of the 1977 fund before a consolidation
4under IC 36-3-1-5.1 or IC 36-3-1-6.1;
5(2) whose employer is consolidated into the consolidated law
6enforcement department or the fire department of a consolidated
7city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
8(3) who, after the consolidation, becomes an employee of the
9consolidated law enforcement department or the consolidated fire
10department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
11 is a member of the 1977 fund without meeting the requirements under
12 sections 19 and 21 of this chapter.
13     (l) Notwithstanding any other provision of this chapter, if:
14(1) before a consolidation under IC 8-22-3-11.6, a police officer
15or firefighter provides law enforcement services or fire protection
16services for an entity in a consolidated city;
17(2) the provision of those services is consolidated into the law
18enforcement department or fire department of a consolidated city;
19and
20(3) after the consolidation, the police officer or firefighter
21becomes an employee of the consolidated law enforcement
22department or the consolidated fire department under
23IC 8-22-3-11.6;
24 the police officer or firefighter is a member of the 1977 fund without
25 meeting the requirements under sections 19 and 21 of this chapter.
26     (m) A police officer or firefighter who is a member of the 1977 fund
27 under subsection (k) or (l) may not be:
28(1) retired for purposes of section 10 of this chapter; or
29(2) disabled for purposes of section 12 of this chapter;
30 solely because of a change in employer under the consolidation.
31     (n) Notwithstanding any other provision of this chapter and subject
32 to subsection (o), a police officer, school resource officer, or
33 firefighter who:
34(1) is an active member of the 1977 fund with an employer that
35participates in the 1977 fund;
36(2) separates from that employer; and
37(3) not later than one hundred eighty (180) days after the date of
38the separation described in subdivision (2), becomes employed as
39a full-time police officer, school resource officer, or firefighter
40with the same or a second employer that participates in the 1977
41fund;
42 is a member of the 1977 fund without meeting for a second time the
 HB 1188—LS 6774/DI 153
                                    14
1 age limitation under subsection (a) and the requirements under sections
2 19 and 21 of this chapter. A police officer, school resource officer, or
3 firefighter to whom this subsection applies is entitled to receive credit
4 for all years of 1977 fund covered service as a police officer, school
5 resource officer, or firefighter with all employers that participate in
6 the 1977 fund.
7     (o) The one hundred eighty (180) day limitation described in
8 subsection (n)(3) does not apply to a member of the 1977 fund who is
9 eligible for reinstatement under IC 36-8-4-11.
10     (p) Notwithstanding any other provision of this chapter, a veteran
11 who is:
12(1) described in IC 36-8-4.7; and
13(2) employed as a firefighter, or police officer, or school
14resource officer;
15 is a member of the 1977 fund.
16     (q) Notwithstanding any other provision of this chapter and except
17 as provided in subsection (o), a police officer, school resource officer,
18 or firefighter who:
19(1) is an active member of the 1977 fund with an employer that
20participates in the 1977 fund;
21(2) separates from that employer; and
22(3) more than one hundred eighty (180) days after the date of the
23separation described in subdivision (2), becomes employed as a
24full-time police officer, school resource officer, or firefighter
25with the same or a second employer that participates in the 1977
26fund;
27 is a member of the 1977 fund without meeting the age limitation under
28 subsection (a) provided the member can accrue twenty (20) years of
29 service credit in the 1977 fund by the time the police officer, school
30 resource officer, or firefighter becomes sixty (60) years of age. A
31 police officer, school resource officer, or firefighter who participates
32 in the 1977 fund under this subsection must pass the baseline statewide
33 physical and mental examination under section 19 of this chapter. A
34 police officer, school resource officer, or firefighter to whom this
35 subsection applies is entitled to receive credit for all years of 1977 fund
36 covered service as a police officer, school resource officer, or
37 firefighter with all employers that participate in the 1977 fund.
38     SECTION 13. IC 36-8-8-21.5, AS ADDED BY P.L.135-2024,
39 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2026]: Sec. 21.5. (a) This section applies to a school resource
41 officer that becomes or remains a member of the 1977 fund under
42 section 3(f) or 3(g) of this chapter.
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                                    15
1    (b) A school resource officer is a member of the 1977 fund if the
2 school resource officer:
3      (1) subject to IC 36-8-4.7-5, meets the age limitation under
4      section 7(a) of this chapter;
5      (2) passes the baseline statewide physical and mental
6      examinations required under section 19 of this chapter; and
7      (3) meets the training requirements under IC 20-26-18.2-1.
8    (c) Credit for prior service of a school resource officer who becomes
9 a member of the 1977 fund under this section shall be determined
10 under section 18 or 18.1 of this chapter. No service credit beyond that
11 allowed under section 18 or 18.1 of this chapter may be recognized
12 under the 1977 fund.
13    SECTION 14. IC 36-8-8-25 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2026]: Sec. 25. (a) This section applies to a school corporation
16 police department established under IC 20-26-16.
17    (b) The governing body of one (1) or more school corporations,
18 or the equivalent for a charter school, may designate either of the
19 following as the local board for a school corporation police
20 department:
21      (1) A local board described in section 2.1(a)(1), 2.1(a)(3), or
22      2.1(a)(4) of this chapter.
23      (2) A board of trustees established under subsection (c).
24    (c) If the governing body of one (1) or more school corporations,
25 or the equivalent for a charter school, designates a board of
26 trustees under subsection (b)(2) to serve as the local board, the
27 following apply:
28      (1) Except as otherwise provided in this subdivision, the board
29      of trustees must consist of at least seven (7) but not more than
30      nine (9) trustees, as follows:
31(A) A school superintendent or the school superintendent's
32designee, a school fiscal officer or the school fiscal officer's
33designee, and a police chief of a participating school police
34department, who are ex officio voting members of the
35board of trustees.
36(B) One (1) retired member of a participating school police
37department. However, if there is not a retired member of
38a participating school police department, no one shall be
39appointed under this subdivision until such time as there
40is a retired member.
41(C) At least three (3) but not more than five (5) active
42members of a participating police department.
 HB 1188—LS 6774/DI 153
                                  16
1     However, for a board of trustees established under this
2     subsection where there are not sufficient members of a school
3     police department to appoint a local board of trustees under
4     this subsection consisting of at least five (5) trustees, the local
5     board of trustees appointed under this subsection may be
6     composed of three (3) trustees, those being the superintendent
7     or the superintendent's designee, the school fiscal officer or
8     the school fiscal officer's designee, and the school police
9     department chief. The trustees are selected in a manner
10     prescribed by the governing body for a school corporation or
11     the equivalent for a charter school. If the board of trustees
12     will manage two (2) or more school police departments, the
13     members shall be selected in a manner agreed upon by the
14     participating school corporations or charter schools. The
15     trustees shall serve at the pleasure of the appointing
16     authority.
17     (2) A majority of all the trustees constitutes a quorum for the
18     transaction of business.
19     (3) The trustees receive no pay for their services.
20     (4) The board of trustees may make all necessary bylaws for:
21(A) meetings of the trustees;
22(B) all matters connected with the care, preservation, and
23disbursement of the fund; and
24(C) all other matters connected with the proper execution
25of this chapter.
26     (5) For purposes of IC 36-8-6-3, the school superintendent or
27     the school superintendent's designee described in subdivision
28     (1)(A) is considered the president, and the school fiscal officer
29     or the school fiscal officer's designee described in subdivision
30     (1)(A) is considered the treasurer.
 HB 1188—LS 6774/DI 153
                               17
                   COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1188, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 5, after line 38, begin a new paragraph and insert:
"SECTION 7. IC 36-8-4.7-2, AS ADDED BY P.L.115-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "appointing authority"
means:
  (1) the chief executive officer, board, or other entity of a police
  department with authority to appoint and hire a member of the
  police department; or
  (2) the chief executive officer, board, or other entity of a fire
  department with authority to appoint and hire a member of the fire
  department;
  (3) for purposes of a school resource officer who becomes or
  remains a member of the 1977 fund under IC 36-8-8-3(f) or
  IC 36-8-8-3(g), the governing body of a school corporation or
  the equivalent for a charter school; or
  (4) for purposes of a school police officer, the governing body
  of a school corporation or the equivalent for a charter school.
SECTION 8. IC 36-8-4.7-5, AS AMENDED BY P.L.238-2025,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Notwithstanding any contrary law, an
appointing authority shall waive any age restriction for a person not
more than forty (40) years and six (6) months of age that applies to the
appointment and hiring of an individual as:
  (1) a member of the police department; or
  (2) a member of the fire department; or
  (3) a school resource officer (as defined in IC 36-8-8-2.2);
if the individual meets the requirements of subsection (b).
(b) An individual who meets all the following requirements is
entitled to the waiver described in subsection (a):
  (1) On the date the individual applies to be appointed and hired
  as:
      (A) a member of the police department; or
      (B) a member of the fire department; or
      (C) a school resource officer (as defined in IC 36-8-8-2.2);
  the individual is a veteran who has completed at least twenty (20)
  years of military service.
  (2) The individual received or is eligible to receive a discharge
HB 1188—LS 6774/DI 153
                               18
 from the armed forces of the United States under conditions other
 than conditions set forth in IC 10-17-12-7.5(2).
 (3) The individual meets all other requirements for appointment
 and hiring as:
     (A) a member of the police department; or
     (B) a member of the fire department; or
     (C) a school resource officer (as defined in IC 36-8-8-2.2);
 including all physical requirements.
   (c) An individual who is entitled to the waiver described in
subsection (a) is eligible to become a member of the 1977 fund.
   SECTION 9. IC 36-8-8-2.1, AS AMENDED BY P.L.135-2024,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.1. (a) As used in this chapter, "local board"
means the following:
 (1) For a unit that established a 1925 fund for its police officers,
 the local board described in IC 36-8-6-2.
 (2) For a unit that established a 1937 fund for its firefighters, the
 local board described in IC 36-8-7-3.
 (3) For a consolidated city that established a 1953 fund for its
 police officers, the local board described in IC 36-8-7.5-2.
 (4) For a unit, other than a consolidated city, that did not establish
 a 1925 fund for its police officers or a 1937 fund for its
 firefighters, the local board described in subsection (b) or (c).
 (5) For an airport authority, the board of an airport authority.
 (6) For a school resource officer, the local board described in
 subdivisions (1) through (4) that manages the fund established in
 the unit or the consolidated city in which the:
     (A) territory of the school corporation; or
     (B) charter school;
 is located. However, if more than one (1) local board is applicable
 under this subdivision, the governing body of the school
 corporation or the equivalent authority for the charter school that
 employs or contracts to employ the school resource officer may
 choose the applicable local board with respect to the school
 resource officer.
 (7) For a school corporation police department established
 under IC 20-26-16, a local board designated under section 25
 of this chapter.
   (b) If a unit did not establish a 1925 fund for its police officers, a
local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
HB 1188—LS 6774/DI 153
                                19
as there is a retired member.
(c) If a unit did not establish a 1937 fund for its firefighters, a local
board shall be composed in the same manner described in
IC 36-8-7-3(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
SECTION 10. IC 36-8-8-2.2, AS ADDED BY P.L.135-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.2. As used in this chapter, "school resource
officer" has the meaning means a law enforcement officer:
  (1) with sworn authority;
  (2) who is trained in school based law enforcement and crisis
  response;
  (3) who is assigned by a law enforcement agency to work
  collaboratively with one (1) or more schools; and
  (4) who has satisfied the training requirements set forth in
  IC 20-26-18.2-1.
The term does not include a law enforcement officer employed by
a school corporation police department established under
IC 20-26-16.
SECTION 11. IC 36-8-8-3, AS AMENDED BY P.L.135-2024,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) If a town establishes a board of metropolitan
police commissioners, or if a town becomes a city, the municipality
shall participate in the 1977 fund and shall enroll all full-time police
officers and firefighters in the 1977 fund. However, if a police officer
or former marshal is a member of the public employees' retirement
fund, the police officer or former marshal may continue as a member
of that fund instead of the 1977 fund. Notwithstanding the age
requirements under section 7(a) of this chapter, a police officer or
former marshal employed by a municipality at the time the
municipality enters the 1977 fund under this section shall be a member
of the 1977 fund unless the police officer or former marshal elects to
continue as a member of the public employees' retirement fund. A
person may become a member of the 1977 fund under this subsection
without meeting the age limitation under section 7(a) of this chapter
only if the person satisfies:
  (1) any aptitude, physical agility, or physical and mental standards
  established by a local board under IC 36-8-3.2; and
  (2) the minimum standards that are:
       (A) adopted by the system board under section 19 of this
       chapter; and
HB 1188—LS 6774/DI 153
                                 20
       (B) in effect on the date the person becomes a member of the
       1977 fund.
Credit for prior service of a person who becomes a member of the 1977
fund under this subsection shall be determined under section 18 or 18.1
of this chapter. No service credit beyond that allowed under section 18
or 18.1 of this chapter may be recognized under the 1977 fund.
(b) If a unit did not establish a 1937 fund for its firefighters, the unit
may participate in the public employees' retirement fund or it may
participate in the 1977 fund. If a unit established a 1937 fund for its
firefighters, the unit is and shall remain a participant in the 1977 fund.
(c) A unit that:
   (1) has not established a pension fund for its firefighters; or
   (2) is participating in the public employees' retirement fund under
   subsection (b);
may participate in the 1977 fund upon approval by the fiscal body,
notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund
under this subsection must comply with section 21 of this chapter.
However, if a police officer or firefighter is a member of the public
employees' retirement fund, the police officer or firefighter may
continue as a member of that fund instead of the 1977 fund.
(d) If a unit that participates in the 1977 fund provides longevity
increases, the amount of the longevity increase provided in a year must
be greater than or equal to the amount of the longevity increase
provided in the previous year.
(e) An airport authority may participate in the 1977 fund. An airport
authority that participates in the 1977 fund under this subsection must
comply with section 21 of this chapter. However, if a police officer or
firefighter is a member of the public employees' retirement fund, the
police officer or firefighter may continue as a member of that fund
instead of the 1977 fund.
(f) A school corporation or charter school that:
   (1) employs a school resource officer; or
   (2) enters into a contract or memorandum of understanding with
   a local law enforcement agency to employ a school resource
   officer;
       (A) local law enforcement agency;
       (B) private entity; or
       (C) nonprofit corporation;
   to employ a school resource officer;
may allow the school resource officer to participate in the 1977 fund.
A school corporation or charter school that participates in the 1977
fund employs a school resource officer under this subsection or
HB 1188—LS 6774/DI 153
                                21
subsection (g) must comply with section 21.5 of this chapter and must
enter into a contract or memorandum of understanding with a
local law enforcement agency for the purpose of complying with
the reporting and payment requirements under sections 6 and 6.5
of this chapter. However, if a school resource officer is a member of
the public employees' retirement fund, the school resource officer may
continue as a member of that fund instead of the 1977 fund.
(g) A school resource officer hired or rehired after June 30, 2024,
who is a member of the 1977 fund shall remain in the 1977 fund.
(h) A school corporation or charter school that establishes a
school police department under IC 20-26-16 may participate in the
1977 fund. For purposes of this chapter, the term "police officer"
includes a school police officer who is a member of a school
corporation or charter school police department that participates
in the 1977 fund. Notwithstanding the age requirements under
section 7(a) of this chapter, a school police officer employed by a
school corporation or charter school at the time the school
corporation or charter school enters the 1977 fund under this
section shall be a member of the 1977 fund unless the school
corporation or charter school elects to continue the school police
officer as a member of the public employees' retirement fund. A
school police officer may become a member of the 1977 fund under
this subsection without meeting the age limitation under section
7(a) of this chapter only if the school police officer satisfies:
  (1) any aptitude, physical agility, or physical and mental
  standards established by a local board under IC 36-8-3.2; and
  (2) the minimum standards that are:
     (A) adopted by the system board under section 19 of this
     chapter; and
     (B) in effect on the date the school police officer becomes
     a member of the 1977 fund.
Credit for prior service of a school police officer who becomes a
member of the 1977 fund under this subsection shall be determined
under section 18 or 18.1 of this chapter. No service credit beyond
that allowed under section 18 or 18.1 of this chapter may be
recognized under the 1977 fund.
SECTION 12. IC 36-8-8-7, AS AMENDED BY P.L.102-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Subject to IC 36-8-4.7 and except as
provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m), a police
officer or a firefighter who:
  (1) is less than forty (40) years of age; and
HB 1188—LS 6774/DI 153
                                 22
   (2) passes the baseline statewide physical and mental
   examinations required under section 19 of this chapter;
shall be a member of the 1977 fund and is not a member of the 1925
fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977,
who is hired or rehired after April 30, 1977, may receive credit under
this chapter for service as a police officer or firefighter prior to entry
into the 1977 fund if the employer who rehires the police officer or
firefighter chooses to contribute to the 1977 fund the amount necessary
to amortize the police officer's or firefighter's prior service liability over
a period of not more than thirty (30) years, the amount and the period
to be determined by the system board. If the employer chooses to make
the contributions, the police officer or firefighter is entitled to receive
credit for the police officer's or firefighter's prior years of service
without making contributions to the 1977 fund for that prior service. In
no event may a police officer or firefighter receive credit for prior years
of service if the police officer or firefighter is receiving a benefit or is
entitled to receive a benefit in the future from any other public pension
plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer
or firefighter is entitled to credit for all years of service after April 30,
1977, with the police or fire department of an employer covered by this
chapter.
(d) A police officer or firefighter with twenty (20) years of service
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 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); and
   (3) is rehired after April 30, 1977, by the same employer.
(e) 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 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) was rehired after April 30, 1977, but before February 1, 1979;
   and
   (4) was made, before February 1, 1979, a member of a 1925,
   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
HB 1188—LS 6774/DI 153
                                23
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
HB 1188—LS 6774/DI 153
                               24
   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 ten thousand (110,000) and
   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) may not be:
   (1) retired for purposes of section 10 of this chapter; or
   (2) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation.
(n) Notwithstanding any other provision of this chapter and subject
to subsection (o), a police officer, school resource officer, or
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firefighter who:
  (1) is an active member of the 1977 fund with an employer that
  participates in the 1977 fund;
  (2) separates from that employer; and
  (3) not later than one hundred eighty (180) days after the date of
  the separation described in subdivision (2), becomes employed as
  a full-time police officer, school resource officer, or firefighter
  with the same or a second employer that participates in the 1977
  fund;
is a member of the 1977 fund without meeting for a second time the
age limitation under subsection (a) and the requirements under sections
19 and 21 of this chapter. A police officer, school resource officer, or
firefighter to whom this subsection applies is entitled to receive credit
for all years of 1977 fund covered service as a police officer, school
resource officer, or firefighter with all employers that participate in
the 1977 fund.
(o) The one hundred eighty (180) day limitation described in
subsection (n)(3) does not apply to a member of the 1977 fund who is
eligible for reinstatement under IC 36-8-4-11.
(p) Notwithstanding any other provision of this chapter, a veteran
who is:
  (1) described in IC 36-8-4.7; and
  (2) employed as a firefighter, or police officer, or school
  resource officer;
is a member of the 1977 fund.
(q) Notwithstanding any other provision of this chapter and except
as provided in subsection (o), a police officer, school resource officer,
or firefighter who:
  (1) is an active member of the 1977 fund with an employer that
  participates in the 1977 fund;
  (2) separates from that employer; and
  (3) more than one hundred eighty (180) days after the date of the
  separation described in subdivision (2), becomes employed as a
  full-time police officer, school resource officer, or firefighter
  with the same or a second employer that participates in the 1977
  fund;
is a member of the 1977 fund without meeting the age limitation under
subsection (a) provided the member can accrue twenty (20) years of
service credit in the 1977 fund by the time the police officer, school
resource officer, or firefighter becomes sixty (60) years of age. A
police officer, school resource officer, or firefighter who participates
in the 1977 fund under this subsection must pass the baseline statewide
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                               26
physical and mental examination under section 19 of this chapter. A
police officer, school resource officer, or firefighter to whom this
subsection applies is entitled to receive credit for all years of 1977 fund
covered service as a police officer, school resource officer, or
firefighter with all employers that participate in the 1977 fund.
SECTION 13. IC 36-8-8-21.5, AS ADDED BY P.L.135-2024,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 21.5. (a) This section applies to a school resource
officer that becomes or remains a member of the 1977 fund under
section 3(f) or 3(g) of this chapter.
(b) A school resource officer is a member of the 1977 fund if the
school resource officer:
  (1) subject to IC 36-8-4.7-5, meets the age limitation under
  section 7(a) of this chapter;
  (2) passes the baseline statewide physical and mental
  examinations required under section 19 of this chapter; and
  (3) meets the training requirements under IC 20-26-18.2-1.
(c) Credit for prior service of a school resource officer who becomes
a member of the 1977 fund under this section shall be determined
under section 18 or 18.1 of this chapter. No service credit beyond that
allowed under section 18 or 18.1 of this chapter may be recognized
under the 1977 fund.
SECTION 14. IC 36-8-8-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 25. (a) This section applies to a school corporation
police department established under IC 20-26-16.
(b) The governing body of one (1) or more school corporations,
or the equivalent for a charter school, may designate either of the
following as the local board for a school corporation police
department:
  (1) A local board described in section 2.1(a)(1), 2.1(a)(3), or
  2.1(a)(4) of this chapter.
  (2) A board of trustees established under subsection (c).
(c) If the governing body of one (1) or more school corporations,
or the equivalent for a charter school, designates a board of
trustees under subsection (b)(2) to serve as the local board, the
following apply:
  (1) Except as otherwise provided in this subdivision, the board
  of trustees must consist of at least seven (7) but not more than
  nine (9) trustees, as follows:
       (A) A school superintendent or the school superintendent's
       designee, a school fiscal officer or the school fiscal officer's
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                             27
   designee, and a police chief of a participating school police
   department, who are ex officio voting members of the
   board of trustees.
   (B) One (1) retired member of a participating school police
   department. However, if there is not a retired member of
   a participating school police department, no one shall be
   appointed under this subdivision until such time as there
   is a retired member.
   (C) At least three (3) but not more than five (5) active
   members of a participating police department.
However, for a board of trustees established under this
subsection where there are not sufficient members of a school
police department to appoint a local board of trustees under
this subsection consisting of at least five (5) trustees, the local
board of trustees appointed under this subsection may be
composed of three (3) trustees, those being the superintendent
or the superintendent's designee, the school fiscal officer or
the school fiscal officer's designee, and the school police
department chief. The trustees are selected in a manner
prescribed by the governing body for a school corporation or
the equivalent for a charter school. If the board of trustees
will manage two (2) or more school police departments, the
members shall be selected in a manner agreed upon by the
participating school corporations or charter schools. The
trustees shall serve at the pleasure of the appointing
authority.
(2) A majority of all the trustees constitutes a quorum for the
transaction of business.
(3) The trustees receive no pay for their services.
(4) The board of trustees may make all necessary bylaws for:
   (A) meetings of the trustees;
   (B) all matters connected with the care, preservation, and
   disbursement of the fund; and
   (C) all other matters connected with the proper execution
   of this chapter.
(5) For purposes of IC 36-8-6-3, the school superintendent or
the school superintendent's designee described in subdivision
(1)(A) is considered the president, and the school fiscal officer
or the school fiscal officer's designee described in subdivision
(1)(A) is considered the treasurer.".
   Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
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                           28
  (Reference is to HB 1188 as introduced.)
                                         VANNATTER
Committee Vote: yeas 11, nays 0.
HB 1188—LS 6774/DI 153