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.
• affiliate: has the meaning set forth in IC 23-1-43-1. See Indiana Code 36-8-16.7-1
• 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 (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
• automatic location information: means information that is transmitted while 911 service is provided and that permits emergency service providers to identify the geographic location of the party initiating the communication. See Indiana Code 36-8-16.7-2
• automatic number identification: has the meaning set forth in Indiana Code 36-8-16.7-3
• 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 trustees of the Indiana public retirement system established by Indiana Code 5-10-5.5-1
• Board: refers to the board of fire trustees of a fire protection district. See Indiana Code 36-8-11-2
• board: means the following:

  Indiana Code 36-8-15-2

• board: refers to the statewide 911 board established by Indiana Code 36-8-16.6-1
• board: refers to the statewide 911 board established by section 24 of this chapter. See Indiana Code 36-8-16.7-4
• board: means the statewide 911 board established by Indiana Code 36-8-16.8-1
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• CMRS: refers to commercial mobile radio service (as defined in Indiana Code 36-8-16.7-5
• Commission: means the alcohol and tobacco commission. See Indiana Code 5-10-5.5-1
• commission: refers to the fire prevention and building safety commission. See Indiana Code 36-8-17-1
• communications service: means any service that:

  Indiana Code 36-8-16.7-7

• communications system: means any system:

  Indiana Code 36-8-15-3

• 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.
• computer: means computer hardware and computer software. See Indiana Code 36-8-15-4
• consumer: means a person that purchases prepaid wireless telecommunications service from a seller. See Indiana Code 36-8-16.6-2
• 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.
• customer: means :

  Indiana Code 36-8-16.7-8

• 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: means the Indiana department of natural resources. See Indiana Code 5-10-5.5-1
• department: refers to the department of state revenue. See Indiana Code 36-8-16.6-3
• 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
• 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.
• district: refers to the public communications systems and computer facilities district created by section 7 of this chapter. See Indiana Code 36-8-15-5
• 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}
• eligible telecommunications carrier: refers to a provider that is designated by the Indiana utility regulatory commission as an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. See Indiana Code 36-8-16.6-3.5
• eligible telecommunications carrier: refers to a provider that is designated by the Indiana utility regulatory commission as an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. See Indiana Code 36-8-16.7-8.7
• Emergency medical services personnel: means individuals certified by the emergency medical services commission established by IC 16-31-2-1 who:

  Indiana Code 36-8-12-2

• Employee: means a person in the service of another person under a written or implied contract of hire or apprenticeship. See Indiana Code 36-8-12-2
• 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 :

  Indiana Code 36-8-12-2

• 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}
• Essential employee: means an employee:

  Indiana Code 36-8-12-2

• 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.
• exchange access facility: means the access from a particular service user's premises to a telephone system. See Indiana Code 36-8-16.7-10
• exclusive recognized representative: means an employee organization elected under section 9 of this chapter. See Indiana Code 36-8-22-5
• executive director: refers to the executive director of the board. See Indiana Code 36-8-16.7-11
• facility: has the meaning set forth in 327 IAC 2-6. See Indiana Code 36-8-12.2-1
• facility: means computers and communication systems or any necessary appurtenances and improvements thereto, including real and personal property required to house such facilities and all equipment, apparatus, devices, and instrumentalities required for the proper operation of the facility or facilities. See Indiana Code 36-8-15-6
• 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 fire department that:

  Indiana Code 36-8-12.2-2

• 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 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 officer: means a bonded employee of the fire protection district charged with the faithful receipt and disbursement of the funds of the district. See Indiana Code 36-8-11-2
• 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.
• Freeholder: means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title. See Indiana Code 36-8-11-2
• fund: refers to the statewide 911 fund established by Indiana Code 36-8-16.6-5
• fund: refers to the statewide 911 fund established by section 29 of this chapter. See Indiana Code 36-8-16.7-12
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• hazardous materials emergency: has the meaning set forth in IC 13-11-2-97. See Indiana Code 36-8-12.2-3
• 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
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• institute: means the Indiana criminal justice institute established under IC 5-2-6-3. See Indiana Code 36-8-19.5-2
• interconnected VOIP service: has the meaning set forth in Indiana Code 36-8-16.7-13
• 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}
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Joint title: means joint tenancy, tenancy in common, or tenancy by the entireties. See Indiana Code 36-8-11-2
• 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.
• local exchange carrier: has the meaning set forth in Indiana Code 36-8-16.7-14
• medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
• mode of transportation: has the meaning set forth in 327 IAC 2-6. See Indiana Code 36-8-12.2-4
• 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.
• multiline telephone system: means a voice communications service system that includes the following:

  Indiana Code 36-8-16.7-15

• Nominal compensation: means annual compensation of not more than twenty thousand dollars ($20,000). See Indiana Code 36-8-12-2
• 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
• 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
• Personal property: All property that is not real property.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• PFAS chemical: has the meaning set forth in Indiana Code 36-8-27-1
• place of primary use: means the street address representative of where a customer's use of communications service primarily occurs, which must be:

  Indiana Code 36-8-16.7-16

• 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 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.
• prepaid user: refers to a user of prepaid wireless telecommunications service who:

  Indiana Code 36-8-16.6-6

• prepaid user: has the meaning set forth in Indiana Code 36-8-16.7-17
• prepaid wireless telecommunications service: means a prepaid wireless calling service (as defined in Indiana Code 36-8-16.6-7
• 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.
• Primary county: refers to the county where the largest portion of a municipality is located if the municipality is located in two (2) counties. See Indiana Code 36-8-11-2
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• proprietary information: includes the following:

  Indiana Code 36-8-16.7-18

• provider: means a person or entity that offers prepaid wireless telecommunications service. See Indiana Code 36-8-16.6-8
• provider: means a person or entity, or an affiliate of a person or an entity, that:

  Indiana Code 36-8-16.7-19

• PSAP: refers to a public safety answering point:

  Indiana Code 36-8-16.7-20

• PSAP: has the meaning set forth in Indiana Code 36-8-16.8-3
• public safety agency: has the meaning set forth in Indiana Code 36-8-16.8-2
• 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: has the meaning set forth in Indiana Code 36-8-16.8-4
• public safety telecommunicator: means an individual who:

  Indiana Code 36-8-25-3

• Public servant: has the meaning set forth in Indiana Code 36-8-12-2
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• 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
• Responsible party: has the meaning set forth in IC 13-11-2-191(d). See Indiana Code 36-8-12-2
• responsible party: has the meaning set forth in IC 13-11-2-191(d). See Indiana Code 36-8-12.2-5
• retail transaction: means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. See Indiana Code 36-8-16.6-9
• 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
• Secondary county: refers to the county where the smallest portion of a municipality is located if the municipality is located in two (2) counties. See Indiana Code 36-8-11-2
• seller: means a person that sells prepaid wireless telecommunications service to another person, including a retail merchant that meets the economic threshold under Indiana Code 36-8-16.6-10
• 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.
• T-CPR: means telephone cardiopulmonary resuscitation. See Indiana Code 36-8-25-4
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• 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.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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 36-8-16.8-5
• 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
• user: refers to :

  Indiana Code 36-8-16.7-21

• Venue: The geographical location in which a case is tried.
• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• VOIP provider: means a provider that offers interconnected VOIP service to users in Indiana. See Indiana Code 36-8-16.7-23
• Volunteer fire department: means a department or association organized for the purpose of answering fire alarms, extinguishing fires, and providing other emergency services, the majority of members of which receive no compensation or nominal compensation for their services. See Indiana Code 36-8-12-2
• Volunteer firefighter: means a firefighter:

  Indiana Code 36-8-12-2

• Volunteer member: means a member of a volunteer emergency medical services association connected with a unit as set forth in IC 16-31-5-1(6). See Indiana Code 36-8-12-2
• 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