Chapter 2.08
SHERIFF’S OFFICE

Sections:

2.08.010    Uniform and clothing allowance.

2.08.020    Sheriff’s department reserves.

2.08.030    Collective bargaining agent for correction officers.

2.08.040    Repealed 5/14/2001

2.08.060    Group health insurance and Medicare supplement benefits for retired personnel.

2.08.070    Pension Plan.

2.08.080    Sex or Violent Offender Fees/Sex or Violent Offender Administration Fund.

2.08.010 Uniform and clothing allowance.

After performing one year of service for the county sheriff’s office, the sheriff and each full-time paid deputy sheriff shall furnish and maintain his own uniforms or clothing as may be required to carry out the duties of a sheriff or deputy sheriff, respectively, in return for a total annual cash allowance per person, in an amount set by ordinance from time to time, to be paid from funds appropriated therefor by the county council.

(Prior code § 32.05)(2.08.010, Amended, 05/14/2001, department to office)

2.08.020 Sheriff’s department reserves.

The county sheriff is authorized to maintain a reserve force to be known as the sheriff’s office reserves and the number of reserve officers shall be set in such number as the county council shall provide by law enforcement liability insurance for each year.

(Prior code § 32.06)(2.08.020, Amended, 05/14/2001, department to office)

2.08.030 Collective bargaining agent for correction officers.

A.    The board of commissioners is authorized to recognize a representative of the detention officers of the sheriff’s office for purposes of collective bargaining.

B.    The board of commissioners recognizes the Chauffeurs, Teamsters and Helpers Local Union No. 215 as the official representative of the detention officers of the sheriff’s office for purposes of collective bargaining.

(Prior code § 32.07)(2.08.030, Amended, 05/14/2001, corrections to detention; 2.08.030, Amended, 05/14/2001, department to office)

2.08.040 Repealed 5/14/2001

2.08.060 Group health insurance and Medicare supplement benefits for retired personnel.

A.    The group health insurance program, as provided to full-time Vanderburgh County employees, is hereby made available to qualified retired Vanderburgh County sworn deputies and sheriffs. In order to qualify for this retirement benefit the applicant must:

1.    Have retired from the Vanderburgh County Sheriff’s Office on or after the date of January 1, 1991;

2.    Be at least fifty (50) years of age and less than sixty-five (65) years of age on the Retirement Date (as defined by I.C. 5-10-8, and being the date the retired employee chooses to receive retirement benefits hereunder), and must not have reached the age of sixty-five (65) before July 1, 1996.

3.    Have completed at least twenty (20) years of service as a sworn deputy of the Vanderburgh County Sheriff’s Office, or have served eight (8) consecutive years as Sheriff of Vanderburgh County

4.    Meet all eligibility requirements of the group health insurance carrier, or carriers, from which Vanderburgh County purchases health insurance coverage;

5.    Make timely application for coverage or make a reservation for future coverage within thirty (30) days from the last day of physical work in the Sheriff’s Office.

6.    Not be enrolled in any other group health insurance program or employer provided health group insurance program, including Medicaid and Medicare;

7.    Submit a sworn statement that he/she is not enrolled in or receiving any other group health insurance or employer provided health insurance, if requested;

B.    A deputy or sheriff who retires from the Sheriff’s Office prior to the age of fifty (50) shall have the ability to elect coverage under this ordinance at any time between the age of fifty (50) and sixty-five (65) if said retired deputy or sheriff meets all other requirements of this ordinance.

C.    If a determination is made that an applicant has made a false statement regarding eligibility, he/she shall be required to pay a penalty to Vanderburgh County in the amount of One Hundred Twenty-five percent (125%) of the amount that the County has paid to the health insurance carrier for the applicant’s coverage. The applicant shall also be responsible for reimbursing the health insurance carrier for any health benefits paid by said carrier for the applicant.

D.    Group health insurance benefits shall be available to the retiree’s eligible spouse and dependents, so long as the retiree is eligible for coverage. If, for any reason, the retiree becomes ineligible (including reaching the age of sixty-five (65) years), the retiree’s spouse and dependents shall also be ineligible for coverage.

E.    If, for any reason, the retiree becomes ineligible to continue the group health insurance coverage pursuant to this ordinance, he/she may reserve the option to receive coverage at a later date when he/she becomes eligible. An application to reserve the option must be made at the office of the Vanderburgh County Auditor at least thirty (30) days prior to the date of retirement or no less than thirty (30) days before the applicant becomes ineligible, as the case may be. Re-entry into the Vanderburgh County Group Health Insurance Program will be subject to eligibility requirements of the health insurance carrier, including, but not limited to, the “pre-existing conditions” exclusions of the carrier.

F.    The only group health insurance plan, or plans, available to retirees pursuant to this ordinance will be the plan, or plans, available to full-time Vanderburgh County employees. Available plans are subject to change from year to year.

G.    All retired Sheriffs or deputies eligible for group health insurance benefits pursuant to this ordinance shall also be eligible for payment for Medicare supplement insurance from the fund created by this ordinance, when said retiree becomes eligible for Medicare, if said retiree has not reached the age of sixty-five (65) before July 1, 1996.

H.    The only insurance carriers that will be eligible to provide Medicare supplement insurance coverage, pursuant to this ordinance, will be those carriers that are qualified Medicare supplement providers. The insurance carrier to be selected shall be determined by the Vanderburgh County Sheriff’s Office.

I.    The Vanderburgh County Auditor shall establish a fund to be known as the Sheriff’s Group Insurance Fund (“Fund”). The Vanderburgh County Auditor shall withhold an amount (“Withhold Amount”) from each salary payment to each active duty Vanderburgh County Sheriff’s deputy and shall place the Withhold Amount in the Fund. The Withhold Amount is established at Ten Dollars ($10.00) for the calendar year 2006. The Withhold Amount in subsequent years will be as established by the Vanderburgh County Auditor and adjusted annually as necessary to insure that the Fund remains actuarially sound with a cash balance of approximately twenty percent (20%) of the annual premiums for Medicare supplement during the previous calendar year. Notification of the Withhold Amount will be given to the Vanderburgh County Sheriff’s Office each December for the next subsequent calendar year. From the Fund, the Vanderburgh County Auditor shall pay the premiums for eligible retirees’ Medicare supplement insurance. All Medicare supplement premiums paid out of the Fund shall be limited to the cost for such premiums payable for Indiana residents.”

J.    If an eligible retiree resides outside the state of Indiana, such retiree shall be responsible for paying the amount by which the Medicare supplement premium for the state in which such eligible retiree resides exceeds the Medicare supplement premium payable for Indiana residents.

K.    Each retired employee shall pay the same employee’s share of the premium for Group Health Insurance as is required for active employees and Vanderburgh County shall pay the same employer’s share as for active employees.

L.    Each retiree will be invoiced bi-annually in June and December of each year for premium payments for Medicare supplement and Group Health Insurance. Remittances due on such invoices must be received in the Vanderburgh County Auditor’s office by July 15 and January 15, respectively, of each year (“Due Dates”). If such remittances are not made by the respective Due Dates, any retiree failing to make such remittances by such respective Due Dates will permanently lose his/her option to continue coverage and coverage will be terminated as of the end of the period for which premium has been paid. If the initial premium payment is not timely made, the coverage will be forfeited. The first withholding pursuant to this ordinance shall be from the pay period ending May 17, 1996. The first employee’s share of premium payment from the Fund shall be no sooner than July 1, 1996.

M.    Retirees must notify the Sheriff’s personnel section of their eligibility for Medicare supplement insurance coverage pursuant to this ordinance. After said notification, the Sheriff’s personnel section shall notify the Vanderburgh County Auditor of the amount of the premium to be paid from the Fund, any out-of-state excess premium difference to be invoiced, the dates of said payments, and the insurance carrier to which said payment shall be made.

(2.08.060 Section 2 (A) 2 & 5 amended, a new Subsection (B) added, and Subsection (E) amended 5/20/2008,2.08.060, Amended, 07/05/2005, Subsections H & I amended. Subsections J, K & L added.; 2.08.060, Amended, 07/05/2005, Subsections A.5, F, G amended.; 2.08.060, Amended, 05/14/2001, $5.00 to $10.00; 5/6/96, Added, 05/06/1996)

2.08.070 Pension Plan.

A.    Authorization and Confirmation. The Vanderburgh County Council hereby authorizes, ratifies and confirms the resolution of the Board of Trustees of the Vanderburgh County Police Pension Plan to allow for a three (3) year average of salary for the determination of pension benefit as determined by the actuarial firm appointed by the Trustees of the Police Pension Plan based upon the three (3) year average of salary for all deputies that retire.

B.    Such authorization and confirmation shall have a retroactive effective date to cover all employee beneficiaries who were retired on or after June 30, 1997.

C.    The pension benefit granted in this Ordinance will be funded by maintaining a fully funded actuarially sound trust fund as provided by the general appropriation to the Employer by the Vanderburgh County Council and the use of the service of process fees.

(2.08.070, Added, 12/03/1997)

2.08.080 Sex or Violent Offender Fees/Sex or Violent Offender Administration Fund.

A.    The Vanderburgh County Sheriff’s Office is hereby required to charge the sum of Fifty Dollars ($50.00) per year for the registration of sex or violent offenders and Five Dollars ($5.00) for each time a sex or violent offender registers an address change with the Vanderburgh County Sheriff’s Office.

B.    The Vanderburgh County Sheriff’s Office shall transfer all fees collected under this Section to the Vanderburgh County Auditor.

C.    There is hereby established a Vanderburgh County Sex and Violent Offender Administration Fund to fund the administration of the sex and violent offender registration system.

D.    The Vanderburgh County Auditor shall monthly deposit ninety percent (90%) of any fees collected under this Section in the Vanderburgh County Sex and Violent Offender Administration Fund established under subsection C of this Section, and transfer ten percent (10%) of any fees collected under this Section to the Treasurer of the State of Indiana for deposit in the Indiana State Sex and Violent Offender Administration Fund under I.C. 11-8-8-21.

E.    The Vanderburgh County Council may appropriate money from the Vanderburgh County Sex and Violent Offender Administration Fund to the Vanderburgh County Sheriff to defray the expense of administering or ensuring compliance with the law concerning the Indiana Sex and Violent Offender Registry.

(Section 2.08.080 added 12/5/2007. Passed by County Commissioners 10/23/2007 and by County Council on 12/5/2007.)