Sec. 21. (a) Except as provided in subsection (b), this section applies to all units.

     (b) This subsection does not apply to the appointment of a fire chief under a waiver under IC 36-8-4-6(c) or the appointment of a police chief under a waiver under IC 36-8-4-6.5(c). An individual may not be employed by a unit after May 31, 1985, as a member of the unit’s fire department or as a member of the unit’s police department unless the individual meets the conditions for membership in the 1977 fund.

     (c) Notwithstanding IC 36-8-1-9, the executive of the unit may request that the 1977 fund accept the following individuals in the 1977 fund under IC 36-8-8-7(h):

(1) A fire chief appointed under a waiver under IC 36-8-4-6(c).

(2) A police chief appointed under a waiver under IC 36-8-4-6.5(c).

As added by P.L.342-1985, SEC.1. Amended by P.L.148-1992, SEC.2; P.L.213-1995, SEC.3.