Terms Used In Indiana Code > Title 5 > Article 10 > Chapter 5.5 - State Excise Police, Gaming Agent, Gaming Control Officer, and Conservation Enforcement Officers' Retirement Plan

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Americans with Disabilities Act: refers to the Americans with Disabilities Act (42 U. See Indiana Code 5-10-5.5-1
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Average annual salary: means the average annual salary of an officer during the five (5) years of highest annual salary in the ten (10) years immediately preceding an officer's retirement date, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 5-10-5.5-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Board: refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-6.5-2
• Board: refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-11.1-3
• Board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 5-10-5.5-1
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• city block: means both sides of the part of a public street that lies between two (2) intersecting public streets. See Indiana Code 36-9-9-2
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• commission: refers to the fire prevention and building safety commission. See Indiana Code 36-8-17-1
• Commission: means the alcohol and tobacco commission. See Indiana Code 5-10-5.5-1
• community fast responder: means a volunteer who may be summoned to perform cardiopulmonary resuscitation, defibrillation, or other emergency services under the direction of a nonprofit corporation. See Indiana Code 36-8-23-1
• community fast responder nonprofit corporation: means a nonprofit corporation that organizes or directs community fast responders. See Indiana Code 36-8-23-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• department: refers to the department of homeland security established by IC 10-19-2-1. See Indiana Code 36-8-17-4.5
• department: refers to :

  Indiana Code 36-8-21.5-1

• department: refers to the department of homeland security established by IC 10-19-2-1. See Indiana Code 36-8-25-1.5
• Department: refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-6.5-2
• Department: refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-11.1-3
• Department: means the Indiana department of natural resources. See Indiana Code 5-10-5.5-1
• Devise: To gift property by will.
• Dies in the line of duty: means death that occurs as a direct result of personal injury or illness caused by incident, accident, or violence that results from any action that the participant, in the participant's capacity as an officer:

  Indiana Code 5-10-5.5-1

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• employee: means a full-time employee of a police or fire department. See Indiana Code 36-8-22-2
• employee organization: means an organization:

  Indiana Code 36-8-22-3

• employee organization: means a union or other entity that works in whole or in part for the common interest of employees. See Indiana Code 36-8-22.5-1
• employer: means a unit. See Indiana Code 36-8-22-4
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• exclusive recognized representative: means an employee organization elected under section 9 of this chapter. See Indiana Code 36-8-22-5
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• fire department: means a paid fire department or a volunteer fire department that renders fire prevention or fire protection services to a political subdivision. See Indiana Code 36-8-17-2
• fire department: has the meaning set forth in IC 36-8-17-2. See Indiana Code 36-8-17.5-1
• fire protection district: means a fire protection district established under IC 36-8-11-4. See Indiana Code 36-8-19-1.7
• fire safety law: means any law, including rules and orders of the commission, safeguarding life or property from the hazards of fire or explosion. See Indiana Code 36-8-17-3
• firefighter gear: means any clothing designed, intended, or marketed to be a structural firefighting protective ensemble or ensemble element that includes:

  Indiana Code 36-8-27-1

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• government building: includes :

  Indiana Code 36-9-13-3

• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• institute: means the Indiana criminal justice institute established under IC 5-2-6-3. See Indiana Code 36-8-19.5-2
• Interest: means the rate of interest specified by rule by the board of trustees of the Indiana public retirement system established by Indiana Code 5-10-5.5-1
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer: means any Indiana state excise police officer, any Indiana state conservation enforcement officer, any gaming agent, or any gaming control officer. See Indiana Code 5-10-5.5-1
• Operation: includes control and engineering of traffic, traffic safety, road lighting, road access, utility locations, cuts in roads, vehicular parking and stopping, improvements of traffic movement, uses of the rights-of-way for roads, and mass transportation routes. See Indiana Code 36-9-6.5-2
• Participant: means any officer who has elected to participate in the retirement plan created by this chapter. See Indiana Code 5-10-5.5-1
• participating unit: refers to a unit or fire protection district that adopts an ordinance or a resolution under section 6 of this chapter. See Indiana Code 36-8-19-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• Personal property: All property that is not real property.
• PFAS chemical: has the meaning set forth in Indiana Code 36-8-27-1
• plan: refers to a siren coverage plan adopted by a county under section 13 of this chapter. See Indiana Code 36-8-21.5-3
• planned siren: refers to a siren that satisfies all of the following:

  Indiana Code 36-8-21.5-5

• Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
• pre-planning inspection: means an inspection of a Class 1 structure (as defined in IC 22-12-1-4) in a place or public way performed by the fire department to determine firefighting strategies necessary to minimize the hazard to firefighters responding to any fire or explosion at the structure, including:

  Indiana Code 36-8-17.5-2

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• provider unit: refers to the participating unit that is responsible for providing the fire protection services within the territory. See Indiana Code 36-8-19-3
• public safety agency: means a state or local law enforcement agency or fire protection agency. See Indiana Code 36-8-25-2
• public safety telecommunicator: means an individual who:

  Indiana Code 36-8-25-3

• Quorum: The number of legislators that must be present to do business.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reconstruction: includes resurfacing, widening, and rebuilding. See Indiana Code 36-9-6.5-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• report: refers to a siren coverage report prepared by a county under section 11 of this chapter. See Indiana Code 36-8-21.5-6
• Salary: means the total compensation, exclusive of expense allowances, paid to any officer by the department or the commission, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 5-10-5.5-1
• Service of process: The service of writs or summonses to the appropriate party.
• severe weather: means :

  Indiana Code 36-8-21.5-7

• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• siren: means a siren that can be activated within a specified range to warn residents of an occurrence or imminent threat of severe weather. See Indiana Code 36-8-21.5-8
• Statute: A law passed by a legislature.
• strike: means a:

  Indiana Code 36-8-22-6

• Subpoena: A command to a witness to appear and give testimony.
• system: means any of the following:

  Indiana Code 36-9-13-3.5

• T-CPR: means telephone cardiopulmonary resuscitation. See Indiana Code 36-8-25-4
• territory: refers to a fire protection territory established under this chapter. See Indiana Code 36-8-19-4
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.
• unit: has the meaning set forth in IC 36-1-2-23. See Indiana Code 36-8-22.5-2
• 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
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• written agreement: means a written agreement that:

  Indiana Code 36-8-22.5-3

• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5