Sec. 16. (a) Notwithstanding section 15 of this chapter, all employees of the police department at the time a municipality established a 1925 fund, regardless of their age at the time they became members of the department, became members of the 1925 fund and are entitled to all the benefits of it. They shall pay the assessments prescribed by and are subject to this chapter.

     (b) A member of the police department who:

(1) was in active service on March 9, 1935;

(2) was a member of the 1925 fund;

(3) passed the physical examination required by the local board;

(4) had previous service in the police department; and

(5) was thirty-six (36) years of age or older at the time of the member’s reinstatement or reappointment;

is entitled to all of the benefits of the 1925 fund, with all of the years of active service with the police department counted in determining the member’s eligibility for retirement.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-24-4 part; subsection (b) formerly 19-1-15-2.]

As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.127-2017, SEC.247.