§ 26-50. Applicability of division.

This division shall not apply to nor shall any of the following persons be deemed eligible to participate in or benefit from the police pension fund established in section 26-49:

(1)

Any police officer who, within three months after receiving his first appointment and if reappointed also within three months after such reappointment, fails or refuses to make written application to the board of trustees of the fund to come under the provisions of such fund.

(2)

Part-time police officers, special police officers, night watchmen, temporary employees, traffic guards or so-called auxiliary police officers specially appointed to aid or direct traffic at or near schools or public functions or to aid in civil defense, municipal parking lot attendants, clerks or other civilian employees of the police department who perform clerical duties exclusively. However, this fund shall apply to police officers serving initial probationary periods and such police officers, if otherwise eligible, shall make contributions in the same manner as other police officers.

(3)

Any police officer who fails or refuses to pay to the board of trustees of such fund any salary or wage payments or deductions established, computed from the date of the establishment of the pension fund or the date of the police officer's first appointment (including an appointment on probation), whichever is the later, and continuing during such police officer's entire service as a police officer.

(4)

Notwithstanding any other provisions of this division, none of the benefits provided for in this division shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as a police officer.

(5)

This section shall not operate to impair any contract or vested right heretofore acquired under the provisions of this division, nor to preclude the right to a refund. All future entrants shall be deemed to have consented to the provisions of this division as a condition of coverage.

(Code 1978, § 10-1-6-2; Code 1997, § 46-58)