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5-9-4-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to a person who: (1) holds a state, legislative, local, or school board office (all as defined in IC 3-5-2); (2) is called into active duty in the: (A) armed forces of the United States; or (B) the national guard; and (3) may not appoint a deputy under IC […]

5-9-4-11. Expiration of Officeholder’s Term During Leave; Reelection

Sec. 11. (a) In the event that the officeholder’s term of office expires during the officeholder’s leave of absence, the office shall be filled as required by law. (b) Except as provided by a federal law or regulation, an officeholder who is on a leave of absence under this chapter is entitled to become a […]

5-9-4-12. Construction With Federal Law

Sec. 12. This chapter may not be construed as a restriction or limitation on any of the rights, benefits, and protections granted to a member of: (1) the armed forces of the United States; or (2) the national guard; under federal law. As added by P.L.79-2004, SEC.1.

5-9-4-2. “Active Duty”

Sec. 2. As used in this chapter, “active duty” means full-time service in: (1) the armed forces of the United States; or (2) the national guard; for a period that exceeds thirty (30) consecutive days in a calendar year. As added by P.L.79-2004, SEC.1.

5-9-4-3. “Armed Forces of the United States”

Sec. 3. As used in this chapter, “armed forces of the United States” means the active or reserve components of: (1) the army; (2) the navy; (3) the air force; (4) the coast guard; (5) the marine corps; or (6) the merchant marine. As added by P.L.79-2004, SEC.1.

5-9-4-4. “National Guard”

Sec. 4. As used in this chapter, “national guard” means: (1) the Indiana army national guard; or (2) the Indiana air national guard. As added by P.L.79-2004, SEC.1.

5-9-4-5. “Officeholder”

Sec. 5. As used in this chapter, “officeholder” refers to a person who holds a state, legislative, local, or school board office (all as defined in IC 3-5-2). As added by P.L.79-2004, SEC.1.

5-9-4-6. Officeholder’s Leave of Absence for Active Duty

Sec. 6. (a) An officeholder who: (1) is called into active duty in the: (A) armed forces of the United States; or (B) national guard; and (2) as a result of the action described in subdivision (1), is unable to perform the duties of the officeholder’s office; is entitled to a leave of absence from […]

5-9-4-7. Written Notice of Leave; Person Receiving Notice; Contents of Notice

Sec. 7. (a) Except as provided in subsection (b) or (c), an officeholder who elects to take the leave of absence described in section 6 of this chapter shall give written notice that the officeholder is taking a leave of absence for military service to the person or entity designated in IC 5-8-3.5-1 to receive […]

5-9-4-9. Notice to Person or Entity Making the Appointment

Sec. 9. (a) Whenever the person or entity that receives the written notice under section 7(a) or 7(c) of this chapter has the power to fill a vacancy created by a resignation from the office the officeholder holds, the person or entity shall make the temporary appointment needed during the officeholder’s leave of absence. (b) […]