Sec. 10. (a) The local board shall determine how much of the 1937 fund may be safely invested and how much should be retained for the needs of the fund. Investments are restricted to the following:

(1) Interest bearing direct obligations of the United States or of the state or bonds lawfully issued by an Indiana political subdivision. The securities shall be deposited with and must remain in the custody of the treasurer of the local board, who shall collect the interest on them as it becomes due and payable.

Terms Used In Indiana Code 36-8-7-10

  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) Savings deposits or certificates of deposit of a chartered national, state, or mutual bank whose deposits are insured by a federal agency. However, deposits may not be made in excess of the amount of insurance protection afforded a member or investor of the bank.

(3) Shares of a federal savings association organized under 12 U.S.C. § 1461, as amended, and having its principal office in Indiana, or of a savings association organized and operating under Indiana statutes whose accounts are insured by a federal agency. However, shares may not be purchased in excess of the amount of insurance protection afforded a member or investor of the association.

(4) An investment made under IC 5-13-9.

     (b) All securities must be kept on deposit with the unit’s fiscal officer, who shall collect all interest due and credit it to the 1937 fund.

     (c) The fiscal officer shall keep a separate account of the 1937 fund and shall fully and accurately set forth a statement of all money received and paid out by the fiscal officer. The fiscal officer shall, on the first Monday of January and June of each year, make a report to the local board of all money received and distributed by the fiscal officer. The president of the local board shall execute the officer’s bond in the sum that the local board considers adequate, conditioned that the fiscal officer will faithfully discharge the duties of the fiscal officer’s office and faithfully account for and pay over to the persons authorized to receive it all money that comes into the fiscal officer’s hands by virtue of the fiscal officer’s office. The bond and sureties must be approved by the local board and filed with the executive of the unit. The local board shall make a full and accurate report of the condition of the 1937 fund to the unit’s fiscal officer on the first Monday of February in each year.

     (d) All securities that were owned by and held in the name of the local board on January 1, 1938, shall be held and kept for the local board by the unit’s fiscal officer until they mature and are retired. However, if an issue of the securities is refunded, the local board shall accept refunding securities in exchange for and in an amount equal to the securities refunded. All money received by the local board for the surrender of matured and retired securities shall be paid into and constitutes a part of the 1937 fund of the unit, as provided in section 8 of this chapter.

     (e) Investments under this section are subject to section 2.5 of this chapter.

[Pre-Local Government Recodification Citation: 19-1-37-12 part.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.55-1989, SEC.53; P.L.79-1998, SEC.109; P.L.35-1999, SEC.9; P.L.173-2003, SEC.34; P.L.127-2017, SEC.251.