Sec. 8. (a) Except as provided in section 9 of this chapter and subsection (b), a claim against a political subdivision is barred unless notice is filed with:
(1) the governing body of that political subdivision; and
(2) unless IC 27-1-29 has expired under IC 27-1-29-29, the Indiana political subdivision risk management commission created under IC 27-1-29;
within one hundred eighty (180) days after the loss occurs.
(b) A claim against a political subdivision is not barred for failure to file notice with the Indiana political subdivision risk management commission under subsection (a)(2) if the political subdivision was not a member of the political subdivision risk management fund established under IC 27-1-29-10 at the time the act or omission took place.