2014 Indiana Code TITLE 5. STATE AND LOCAL ADMINISTRATION ARTICLE 10. PUBLIC EMPLOYEE BENEFITS CHAPTER 7. EMPLOYEE INTERCHANGE PROGRAMS
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IC 5-10-7
Chapter 7. Employee Interchange Programs
IC 5-10-7-1
Intergovernmental cooperation
Sec. 1. The State of Indiana recognizes that intergovernmental
cooperation is an essential factor in resolving problems affecting this
state and that the interchange of personnel between and among
governmental agencies at the same or different levels of government
is a significant factor in achieving such cooperation.
(Formerly: Acts 1969, c.384, s.1.)
IC 5-10-7-2
Definitions
Sec. 2. For the purposes of this chapter:
(a) "Sending agency" means any department or agency of the
federal government or a state or local government which sends any
employee thereof to another government agency under this chapter.
(b) "Receiving agency" means any department or agency of the
federal government or a state or local government which receives an
employee of another government agency under this chapter.
(Formerly: Acts 1969, c.384, s.2.) As amended by P.L.25-1986,
SEC.30.
IC 5-10-7-3
Participating entities; periods of individual assignment
Sec. 3. (a) Any department, agency, or instrumentality of the state,
county, city, municipality, land-grant college, or college or university
operated by the state or any local government may participate in a
program of interchange of employees with departments, agencies, or
instrumentalities of the federal government, another state or locality,
or other agencies, municipalities, or instrumentalities of this state as
a sending and/or receiving agency.
(b) The period of individual assignment or detail under an
interchange program shall not exceed two (2) years. However, the
sending agency may extend the period of assignment for not more
than two (2) additional years. Details relating to any matter covered
in this chapter may be the subject of an agreement between the
sending and receiving agencies.
(Formerly: Acts 1969, c.384, s.3.) As amended by P.L.25-1986,
SEC.31.
IC 5-10-7-4
Status of employees
Sec. 4. (a) Employees of a sending agency participating in an
exchange of personnel as authorized in section 3 of this chapter may
be considered during such participation to be:
(1) on detail to regular work assignments of the sending agency;
or
(2) in a status of leave of absence from their positions in the
sending agency.
(b) Employees who are on detail shall be entitled to the same
salary and benefits to which they would otherwise be entitled and
shall remain employees of the sending agency for all other purposes
except that the supervision of their duties during the period of detail
may be governed by agreement between the sending agency and the
receiving agency.
(c) Employees who are in a leave of absence status as provided in
this section shall be carried on leave without pay; provided, that they
may be granted annual leave or other time off with pay to the extent
authorized by law applicable to the sending agency. Except as
otherwise provided in this chapter, employees who are in a leave of
absence status shall have the same rights, benefits, and obligations
as employees generally who are in such leave status but
notwithstanding any other provision of law such employees may be
entitled to credit the period of such assignment toward benefits as
employees of the sending agency.
(d) Any employee who participates in an exchange under the
terms of this section who suffers disability or death as a result of
personal injury arising out of and in the course of an exchange or
sustained in performance of duties in connection therewith shall be
treated for the purposes of the sending agency's employee
compensation program as an employee, as defined in such statute,
who has sustained such injury in the performance of such duty, but
shall not receive benefits under that statute for any period for which
he is entitled to and elects to receive similar benefits under the
receiving agency's employee compensation program.
(Formerly: Acts 1969, c.384, s.4.) As amended by P.L.25-1986,
SEC.32.
IC 5-10-7-5
Sending agencies; travel expenses; per diem allowance
Sec. 5. A sending agency in this state may, in accordance with the
travel regulations of such agency, pay the travel expenses of
employees assigned to a receiving agency on either a detail or leave
basis, but shall not pay the travel expenses of such employees
incurred in connection with their work assignments at the receiving
agency. If the assignment or detail will be for a period of time
exceeding eight (8) months, travel expenses may include expenses of
transportation of immediate family, household goods and personal
effects to and from the location of the receiving agency. If the period
of assignment is less than eight (8) months, the sending agency may
pay a per diem allowance to the employee on assignment or detail.
(Formerly: Acts 1969, c.384, s.5.)
IC 5-10-7-6
Receiving agencies; compensation; status of employees
Sec. 6. (a) When any unit of government of this state acts as a
receiving agency, employees of the sending agency who are assigned
under authority of this chapter may:
(1) be given appointments in the receiving agency covering the
periods of such assignments, with compensation to be paid from
receiving agency funds or without compensation; or
(2) be considered to be on detail to the receiving agency.
(b) Appointments of persons so assigned may be made without
regard to the statutes or rules governing the selection of employees
of the receiving agency.
(c) Employees who are detailed to the receiving agency shall not
by virtue of such detail be considered to be employees thereof,
except as provided in subsection (d), nor shall they be paid a salary
or wage by the receiving agency during the period of their detail,
except in special cases upon written permission by the state board of
accounts such employee or employees shall be paid fully by special
appropriation approved by the county council and the department of
local government finance. The supervision of the duties of such
employees during the period of detail may be governed by agreement
between the sending agency and the receiving agency.
(d) Any employee of a sending agency assigned in this state who
suffers disability or death as a result of personal injury arising out of
and in the course of such assignment or sustained in the performance
of duties in connection therewith shall be treated for the purpose of
receiving agency's employee compensation program as an employee,
as defined in such statute, who has sustained such injury in the
performance of such duty, but shall not receive benefits under that
statute for any period for which he elects to receive similar benefits
as an employee under the sending agency's employee compensation
program.
(Formerly: Acts 1969, c.384, s.6.) As amended by P.L.25-1986,
SEC.33; P.L.90-2002, SEC.15.
IC 5-10-7-7
Receiving agencies; travel expenses
Sec. 7. A receiving agency in this state may, in accordance with
the travel rules of such agency, pay travel expenses of persons
assigned thereto under this chapter during the period of such
assignments on the same basis as if they were regular employees of
the receiving agency.
(Formerly: Acts 1969, c.384, s.7.) As amended by P.L.25-1986,
SEC.34.
IC 5-10-7-8
Department of administration; implementation of chapter
Sec. 8. The department of administration shall explore means of
implementing this chapter and assist departments, agencies, and
instrumentalities of the state and its political subdivisions in
participating in employee interchange programs.
(Formerly: Acts 1969, c.384, s.8.) As amended by P.L.25-1986,
SEC.35.
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