Sec. 7. (a) Subject to IC 36-8-4.7, a person may not be
appointed as a member of the police or fire department after the person
has reached forty (40) years of age. A person may be reappointed as a
member of any department only if the person is a former member or a
retired member not yet receiving retirement benefits of the 1925, 1937,
1953, or 1977 fund and can complete twenty (20) years of service
before reaching sixty (60) years of age.
(b) This section does not apply to a fire chief appointed under a
waiver under section 6(c) of this chapter or a police chief appointed
under a waiver under section 6.5(c) of this chapter.
(c) A person must pass the aptitude, physical agility, and physical
examination required by the local board of the fund and by IC 36-8-8-19 to be appointed or reappointed as a member of the
department.
(d) A fire chief appointed under a waiver under section 6(c) of this
chapter or police chief appointed under a waiver under section 6.5(c)
of this chapter who is receiving, or is entitled to receive, benefits from
the 1925, 1937, 1953, or 1977 fund may receive those benefits while
serving as chief, subject to all normal requirements for receipt of a
benefit, including a separation from service.
[Pre-Local Government Recodification Citation:
19-1-15-1.]
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts
1981, P.L.315, SEC.5; P.L.38-1986, SEC.3; P.L.55-1987, SEC.3;
P.L.4-1992, SEC.31; P.L.213-1995, SEC.4; P.L.246-2001, SEC.13;
P.L.115-2016, SEC.2; P.L.103-2021, SEC.3; P.L.85-2022, SEC.3;
P.L.102-2023, SEC.3.
Notes of Decisions
Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012).
· cites it 28× “” The first question before us concerns application of one sentence of Indiana Code section 36-8-4-7, or what Thatcher refers to as the “Reappointment Statute”: A person may be reappointed as a member of the department only if the person is a former member or a retired member…”
Kenneth O'Neal v. City of New Albany, 293 F.3d 998 (7th Cir. 2002).
“In so holding, the magistrate judge relied on Indiana Code § 36-8-4-7(a), which provides that a “person may not be appointed as a member of the police department or fire department after the person has reached thirty-six (36) years of age.”
Bailey v. City of Lawrence, 972 F.2d 1447 (7th Cir. 1992).
· cites it 16× “Pursuant to Ind.Code § 36-8-4-7, a person may not be appointed to the police department after the person has "reached thirty-six (36) years of age.”
Thatcher v. City of Kokomo, 954 N.E.2d 457 (Ind. 2011).
· cites it 4× “Does Indiana Code section 36-8-4-7(a) apply to a member of the “1977 Fund” [a disability pension fund for police officers and firefighters managed by the Indiana Public Employees’ Retirement Fund and governed by Indiana Code chapter 36-8-8] who is receiving disability benefits…”
Equal Emp. Opportunity Comm'n v. City of Linton, 623 F. Supp. 724 (S.D. Ind. 1985).
· cites it 5× “of all the accompanying matters, it is hereby ORDERED that summary judgment shall be entered in favor of the plaintiff on the State of Indiana’s First Affirmative Defense of bona fide occupational qualification, and further ORDERED that defendant, State of Indiana, is prohibited…”
Town of Merrillville v. Shelhart, 834 N.E.2d 208 (Ind. Ct. App. 2005).
· cites it 2× “Because such a determination is one of law, we are concerned about the possible implication of statutory limitations on the reappointment of law enforcement officers, such as Indiana Code section 36-8-4-7 (maximum age for appointment), and on promotion in rank.”
Ind. Code § 36-8-4-7(a): 3 cases
Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012).
“” The first question before us concerns application of one sentence of Indiana Code section 36-8-4-7, or what Thatcher refers to as the “Reappointment Statute”: A person may be reappointed as a member of the department only if the person is a former member or a retired member…”
Kenneth O'Neal v. City of New Albany, 293 F.3d 998 (7th Cir. 2002).
“In so holding, the magistrate judge relied on Indiana Code § 36-8-4-7(a), which provides that a “person may not be appointed as a member of the police department or fire department after the person has reached thirty-six (36) years of age.”
Thatcher v. City of Kokomo, 954 N.E.2d 457 (Ind. 2011).
“Does Indiana Code section 36-8-4-7(a) apply to a member of the “1977 Fund” [a disability pension fund for police officers and firefighters managed by the Indiana Public Employees’ Retirement Fund and governed by Indiana Code chapter 36-8-8] who is receiving disability benefits…”
Ind. Code § 36-8-4-7(c): 1 case
Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012).
“” The first question before us concerns application of one sentence of Indiana Code section 36-8-4-7, or what Thatcher refers to as the “Reappointment Statute”: A person may be reappointed as a member of the department only if the person is a former member or a retired member…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.