FIRE FIGHTERS
AND THE LAW
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Updated 8 /8/08
Click here to go directly to Indiana Code

NEW ARTICLES  August 2008

PERF August 2008

The statute that creates the EMS Commission is found here:  IC 16-31-3-14

Administrative Orders and Procedures Act (AOPA) are the state’s administrative due process codes. 
This code section also sets out the limits of discipline that the EMS Commission can order is
IC 4-21.5-3-6.

EMS Commission’s Administrative Codes
The specific administrative rules regarding discipline: IAC 836 4-9-3 (pdf)

   

IC 36-1

Article 1. General Provision
  Chapter 1. Legislative Intent
  Chapter 3. Definitions of General Applicability

 

Chapter 3. Home Rule
IC 36-1-3-2 Policy of Home Rule
IC 36-1-3-4 Rule of Law; Powers of Local Unit
IC 36-1-3-5 Powers of Local Unit; Exercise
IC 36-1-3-6 Specific Manner for Exercising Power
IC 36-1-3-7 Contracts
  Chapter 3.5. Transfer of Jurisdiction from General Assembly to Local Legislative Authority

Chapter 4. General Chapter Corporate Power

IC 36-1-4-7

Contracts
  Chapter 5. Codification of Ordinances
  Chapter 6. Enforcement of Ordinances
  Chapter 7. Interlocal Cooperation

IC 36-1-7-7

Agreements, Law Enforcement, or Firefighting Services
  Chapter 8. Miscellaneous Fiscal and Administrative Provisions

IC 36-1-8-6

Reversion of Unused Appropriations

IC 36-3

Article 3 — Government of Indianapolis and Marion County (UNIGOV)

Chapter 1. Consolidation and Transfer of Powers

  Chapter 2. Powers of Political Subdivisions in the County

IC 36-3-2-2

Consolidated City; Home Rule and Taxation Powers, Annexation of Territory.

IC 36-3-2-3

Powers and Duties of Special Service Districts; Administration of Special Service and Speical Taxing Districts; Expansion of Speical Service Districts.
  Chapter 3. Executive Authorities
 
Chapter 4. Legislative Bodies
  Chapter 5. Appointed Officers, Departments, and Boards
 
Chapter 6. Budget Procedures and Compensation of Officers and Employees
 
Chapter 7. Miscellaneous Fiscal and Administrative Provisions

IC 36-4

Article 4 Government of Cities and Towns Generally
  Chapter 1. Classification of Municipalities; City Status and Town Status
IC 36-4-1-1 Bases of Classification of Cities (First, Second, and Third)
  Chapter 2. Merger of Adjoining Municipalities
  Chapter 3. Municipal Annexation and Disannexation
IC 36-4-3 Annexation (Entire Section)
  Chapter 4. Division of Powers of Cities
IC 36-4-4-3 Executive or Administrative Powers, Duties, and Functions
  Chapter 5. City Executive
IC 36-4-5-6 Meetings with Officers in Charge of City Departments; Records
  Chapter 6. City Legislative Body
  Chapter 7. City Budget Procedures and Compensation of Officers and Employees
IC 36-4-7-2 Elected City Officials; Fixing of Annual Compensation
IC 36-4-7-3 Appointive Officers, Deputies, and Other Employees; Fixing of Compensation
IC 36-4-7-6 Budget Estimates; Formulation Procedures
IC 36-4-7-7 Report of Estimates; Ordinances, Fixing of Taxation Rate, Appropriation
IC 36-4-7-8 Ordinances; Additional Appropriations or Decrease
IC 36-4-7-10 Second Class Cities; Preparation of Budgets; Contents; Approval
IC 36-4-7-11 Failure to Pass Tax Rate and Appropriation Ordinances; Continuation
  Chapter 8. Miscellaneous City Fiscal and Administrative Provisions
IC 36-4-8-9 Vacation Leave; Compensation
  Chapter 9. City Departments, Boards, and Appointed Officers
IC 36-4-9-2 Appointment of Department Heads; Approval by Certain Boards and Compensation; Eligibility
IC 36-4-9-4 Executive Departments; Establishment by City Legislative Body; Administrative Functions; Termination; Transfer of Powers Duties, etc.
IC 36-4-9-5 Board of Public Works and Safety; Establishment
IC 36-4-9-6 Second Class Cities; Appointment of Officers, Employees, Boards, and Commissions
IC 36-4-9-7 Ordinance Establishing Position of Deputy Mayor
IC 36-4-9-8 Third Class Cities; Appointment of Officers Employees, Boards, and Commissions
  Chapter 10. City Clerk and Fiscal Officer
  Chapter 11. City Deputies and Employees
  Chapter 12. City Managers for Third Class Cities
IC 36-5 Article 5 Government of Towns
  Chapter 2. Town Legislative Body and Executive
  Chapter 3. Town Budget Procedures and Compensation of Officers and Employees
  Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions
  Chapter 5. Town Manager
  Chapter 6. Town Clerk-Treasurer
IC 36-6 Article 6 Government of Townships
  Chapter 1. Division of County into Townships
  Chapter 4. Township Executive
  Chapter 5. Township Assessor
  Chapter 6. Township Legislative Body
  Chapter 7. Deputies and Assistants of Township Office
  Chapter 8. Compensation and Expenses of Township
  Officers, Deputies, and Employees
IC 36-8 Article 8 Public Safety
  Chapter 1. Definitions
IC 36-8-1-11 Salary of a First Class Fire Fighter
IC 36-8-1-12 Upper Level Policy Making Position
  Chapter 2. General Powers Concerning Public Safety
IC 36-8-2-3 Fire Fighting and Fire Protection System
  Chapter 3. Safety Boards; Disciplinary Procedures
IC 36-8-3-3 Organization of Safety Boards; Appointment of Police officers, Fire Fighters, and Other Officials; Fixing of Compensation (Salary) for Fire Fighters
IC 36-8-3-4 Fire Fighters: Discipline, Demotion, and Dismissal; Hearings; Appeals
IC 36-8-3-4.1 Certain Town and Townships; Reprimand or Temporary Suspension of Members without Prior Hearing; Review by Safety Board
IC 36-8-3-5 Merit Boards and Commissions; Exemption from Statutory Procedure IC 36-8-3-7 Police Officer and Fire Fighters; Special Duty IC 36-8-3-12 Right for Fire Fighter to Run for Elected Office IC 36-8-3-15 Fire Fighters; Exemption from Military Service IC 36-8-3-21 Fire Department Members; Membership in 1977 Fund Required
  Chapter 3.2 Employment Standards for Fire Fighters (Entire Section)
  Chapter 3.5 Police and Fire Merit Systems (Entire Section)
  Chapter 4. Police and Fire Employment Policies in Cities
IC 36-8-4-2 Residency Requirements
IC 36-8-4-3 Use of Department Vehicles
IC 36-8-4-4 Provision of Uniform and Equipment; "Clothing Allowance"
IC 36-8-4-5 Care of Fire Fighters Injured or Contracting Illness As a Result of Performance of Duty
IC 36-8-4-6 Promotions
IC 36-8-4-9 Fire Fighters Work Week
IC 36-8-4-10 Fire Fighters; Hiring Preference
IC 36-8-4-11 Layoffs; Reinstatement
IC 36-8-4-12 Probationary Appointments
  Chapter 5. Police and Fire Leaves of Absence (Entire Section)
  Chapter 7. 1937 Fire Fighters' Pension Fund
  Chapter 8. 1977 Police and Fire Fighter' Pension and Disability Fund (Entire Section)
  Chapter 10.5 Minimum Training Requirements for Fire Fighters (Entire Section)
  Chapter 11. Fire Protection Districts (Entire Section)
  Chapter 12.2 Hazardous Material Emergency Action Reimbursement
  Chapter 13. Township Fire Protection and Emergency Services
  Chapter 14. Cumulative Fire Fighting Building, Equipment Fund
  Chapter 15. Public Safety Communications Systems and
  Computer Facilities Districts
  Chapter 16. Emergency Telephone System Fee
  Chapter 17. Fire Safety Inspections; Arson Investigations
  Chapter 19. Fire Protection Territories
IC 36-8-8-5,
8-10,
8-13 repealed
8-13.1

Chapter 8. PERF board; powers and duties; appeals; confidentiality of fund records

Sec. 1. If a re-employed member is receiving disability or retirement benefits from the 1977 Fund, benefits will terminate until the member has terminated service for the second time. The benefits will then be computed on the total years of credited service.

Chapter 8. Eligibility for retirement; initiation of benefits; election to receive actuarially reduced benefits

Chapter 8. Submission of determination of local board and safety board to PERF director; medical examination; initial determination; objections; final order; appeals

 

Chapter 8-8 Employee Contributions to PERF

  IC 5-10.2-2-9 Actuarial investigation and valuation
IC 5-10 Article 10
  Chapter 8. Group Insurance for Public Employees
  Chapter 10. Special Death Benefit Fund
  Chapter 13. Presumptive Illness
  Article 10.2
  Chapter 1. Member
"Member" as used in this article means a member of the Indiana state teachers' retirement fund or of the public employees' retirement fund.
  Chapter 2 -2-9 Actuarial investigation and valuation
  Chapter 2-11 Employer contribution rates; unfunded accrued liability 
  2-11 Employer contribution rates; unfunded accrued liability
 

Chapter 3.Members' contributions; employers picking up

  Chapter 4. Reemployment after retirement
As used in this section, "exempt amount" means, in the case of a member who has not attained the Social Security normal retirement age for unreduced benefits, thirty-five thousand dollars ($35,000), computed for the calendar year in which a retired public employees' retirement fund member is reemployed and computed for the fiscal year in which a retired teachers' retirement fund member is reemployed.
  Chapter 4. Benefits After Reemployment
  Article 10.3
  Chapter 2. Establishment and administration of fund
 

Chapter 3. Reinstatement
A member whose service is involuntarily terminated and who is later reinstated as a result of a court determination and order or administrative final determination and order may be eligible for PERF credit if proper supporting documents are filed with PERF and approved by the board or the executive secretary and employer contributions are made.

  Chapter 11. Pension Relief Fund
IC 5-14 Article 14
  Chapter 1.5. Confidentiality of Collective Bargaining
IC 16-41 Article 41
  Chapter 10. Exposure to Communicable Disease (Right to Know)
IC 20-12 Article 12
  Chapter 19.5. Tuition Exemptions for children of Law Enforcement
  Officers, Fire Fighters, and Emergency Medical Technicians
IC 35-42 Article 42
  Chapter 2. Battery and Related Offenses
IC 35-42-2-1 Battery on a Fire Fighter
IC 35-44 Article 44
  Offenses Against Public Administration
  Chapter 1. Bribery, Conflict of Interest, and Official Misconduct
IC 35-44-1-3 Conflict of Interest Requirements for Fire Fighters Serving on City Council
  Chapter 4. Interference with a Fire Fighter
 
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