April 1, 2003
ENGROSSED
HOUSE BILL No. 1465
_____
DIGEST OF HB 1465
(Updated March 27, 2003 12:15 PM - DI 102)
Citations Affected: IC 5-10; IC 36-8.
Synopsis: Public safety officers' survivors benefits. Provides that the
unit of local government that employed a member of the 1925 police
pension fund, the 1937 firefighters' pension fund, the 1953 police
pension fund, or the 1977 police officers' and firefighters' pension fund,
or a county that employed a sheriff or a county police officer who dies
in the line of duty shall offer to provide and pay for health insurance
coverage for the member's surviving spouse and dependent children
with certain conditions. Provides that the health insurance provided to
a surviving spouse and child must be equal in coverage to that offered
to active members.
Effective: July 1, 2003.
Lawson L, Alderman, Adams T
,
Aguilera
(SENATE SPONSORS _ MEEKS C, SERVER, LUTZ L, CRAYCRAFT)
January 15, 2003, read first time and referred to Committee on Labor and Employment.
February 6, 2003, amended, reported _ Do Pass; recommitted to Committee on Ways and
Means.
February 26, 2003, reported _ Do Pass.
March 3, 2003, read second time, ordered engrossed.
March 4, 2003, engrossed. Read third time, passed. Yeas 86, nays 6.
SENATE ACTION
March 10, 2003, read first time and referred to Committee on Pensions and Labor.
March 31, 2003, reported favorably _ Do Pass.
April 1, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1465
A BILL FOR AN ACT to amend the Indiana Code concerning
public employees.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-10-8-2.2; (03)EH1465.1.1. -->
SECTION 1. IC 5-10-8-2.2, AS AMENDED BY P.L.286-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2.2. (a) As used in this section, "dependent"
means a natural child, stepchild, or adopted child of a public safety
employee who:
(1) is less than eighteen (18) years of age;
(2) is eighteen (18) years of age or older and physically or
mentally disabled (using disability guidelines established by the
Social Security Administration); or
(3) is at least eighteen (18) and less than twenty-three (23) years
of age and is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university.
(b) As used in this section, "public safety employee" means a
full-time firefighter, police officer, county police officer, or sheriff.
(c) This section applies only to local unit public employers and their
public safety employees.
(d) A local unit public employer may provide programs of group
health insurance for its active and retired public safety employees
through one (1) of the following methods:
(1) By purchasing policies of group insurance.
(2) By establishing self-insurance programs.
(3) By electing to participate in the local unit group of local units
that offer the state employee health plan under section 6.6 of this
chapter.
A local unit public employer may provide programs of group insurance
other than group health insurance for the local unit public employer's
active and retired public safety employees by purchasing policies of
group insurance and by establishing self-insurance programs. However,
the establishment of a self-insurance program is subject to the approval
of the unit's fiscal body.
(e) A local unit public employer may pay a part of the cost of group
insurance for its active and retired public safety employees. However,
a local unit public employer that provides group life insurance for its
active and retired public safety employees shall pay a part of the cost
of that insurance.
(f) A local unit public employer may not cancel an insurance
contract under this section during the policy term of the contract.
(g) After June 30, 1989, a local unit public employer that provides
a group health insurance program for its active public safety employees
shall also provide a group health insurance program to the following
persons:
(1) Retired public safety employees.
(2) Public safety employees who are receiving disability benefits
under IC 36-8-6, IC 36-8-7, IC 36-8-7.5, IC 36-8-8, or IC 36-8-10.
(3) Surviving spouses and dependents of public safety employees
who die while in active service or after retirement.
(h) A retired or disabled public safety employee who is eligible for
group health insurance coverage under subsection (g)(1) or (g)(2):
(1) may elect to have the person's spouse, dependents, or spouse
and dependents covered under the group health insurance
program at the time the person retires or becomes disabled;
(2) must file a written request for insurance coverage with the
employer within ninety (90) days after the person retires or begins
receiving disability benefits; and
(3) must pay an amount equal to the total of the employer's and
the employee's premiums for the group health insurance for an
active public safety employee (however, the employer may elect
to pay any part of the person's premiums).
(i)
Except as provided in IC 36-8-6-9.7(f), IC 36-8-6-10.1(h),
IC 36-8-7-12.3(g), IC 36-8-7-12.4(j), IC 36-8-7.5-13.7(h),
IC 36-8-7.5-14.1(i), IC 36-8-8-13.9(d), IC 38-8-8-14.1(h), and
IC 36-8-10-16.5 for a surviving spouse or dependent of a public
safety employee who dies in the line of duty, a surviving spouse or
dependent who is eligible for group health insurance under subsection
(g)(3):
(1) may elect to continue coverage under the group health
insurance program after the death of the public safety employee;
(2) must file a written request for insurance coverage with the
employer within ninety (90) days after the death of the public
safety employee; and
(3) must pay the amount that the public safety employee would
have been required to pay under this section for coverage selected
by the surviving spouse or dependent (however, the employer may
elect to pay any part of the surviving spouse's or dependents'
premiums).
(j) A retired or disabled public safety employee's eligibility for
group health insurance under this section ends on the earlier of the
following:
(1) When the public safety employee becomes eligible for
Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program
for active public safety employees.
(k) A surviving spouse's eligibility for group health insurance under
this section ends on the earliest of the following:
(1) When the surviving spouse becomes eligible for Medicare
coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) The date of the surviving spouse's remarriage.
(4) When health insurance becomes available to the surviving
spouse through employment.
(l) A dependent's eligibility for group health insurance under this
section ends on the earliest of the following:
(1) When the dependent becomes eligible for Medicare coverage
as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) When the dependent no longer meets the criteria set forth in
subsection (a).
(4) When health insurance becomes available to the dependent
through employment.
(m) A public safety employee who is on leave without pay is entitled
to participate for ninety (90) days in any group health insurance
program maintained by the local unit public employer for active public
safety employees if the public safety employee pays an amount equal
to the total of the employer's and the employee's premiums for the
insurance. However, the employer may pay all or part of the employer's
premium for the insurance.
(n) A local unit public employer may provide group health
insurance for retired public safety employees or their spouses not
covered by subsections (g) through (l) and may provide group health
insurance that contains provisions more favorable to retired public
safety employees and their spouses than required by subsections (g)
through (l). A local unit public employer may provide group health
insurance to a public safety employee who is on leave without pay for
a longer period than required by subsection (m), and may continue to
pay all or a part of the employer's premium for the insurance while the
employee is on leave without pay.
SOURCE: IC 36-8-6-9.7; (03)EH1465.1.2. -->
SECTION 2. IC 36-8-6-9.7, AS ADDED BY P.L.118-2000,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 9.7. (a) This section applies to a member who died
in the line of duty (as defined in section 10.1 of this chapter) before
September 1, 1982.
(b) A payment shall be made to the surviving spouse of a deceased
member in an amount fixed by ordinance, but at least an amount equal
to thirty percent (30%) of the monthly pay of a first class patrolman per
month during the surviving spouse's life if the spouse did not remarry
before September 1, 1983. If the spouse remarried before September 1,
1983, and benefits ceased on the date of remarriage, the benefits for the
surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(c) Except as otherwise provided in this subsection, a payment shall
also be made to each child of a deceased member less than eighteen
(18) years of age, in an amount fixed by ordinance, but at least an
amount equal to twenty percent (20%) of the monthly pay of a first
class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit is
equal to fifty percent (50%) of the salary of a first class patrolman in
the police department plus, for a member who retired before January
1, 1986, two percent (2%) of the first class patrolman's salary for each
year of service of the retired member over twenty (20) years or, for a
member who retires after December 31, 1985, plus one percent (1%)
of the first class patrolman's salary for each six (6) months of service
of the retired member over twenty (20) years. However, the maximum
benefit may not exceed in any year an amount greater than seventy-four
percent (74%) of the salary of a first class patrolman.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent (20%)
of the monthly pay of a first class patrolman per month from the time
of the member's death shall be paid to the dependent parent or parents
during their dependency. When both parents survive, the total amount
is still twenty percent (20%), to be paid to them jointly. In all cases of
payment to a dependent relative of a deceased member, the board is the
final judge of the question of necessity and dependency and of the
amount to be paid. The board may also reduce or terminate temporarily
or permanently a payment to a dependent relative of a deceased
member when it determines that the condition of the fund or other
circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or decreased,
the pension payable under this section shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(f) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for the
coverage under subdivision (1), (2), or (3).
SOURCE: IC 36-8-6-10.1; (03)EH1465.1.3. -->
SECTION 3. IC 36-8-6-10.1, AS AMENDED BY P.L.185-2002,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 10.1. (a) This section applies to a member who
dies in the line of duty after August 31, 1982.
(b) The surviving spouse is entitled to a monthly benefit, during the
spouse's lifetime, equal to the benefit to which the member would have
been entitled on the date of the member's death, but no less than fifty
percent (50%) of the monthly wage received by a first class patrolman.
If the surviving spouse remarried before September 1, 1983, and
benefits ceased on the date of remarriage, the benefits for the surviving
spouse shall be reinstated on July 1, 1997, and continue during the life
of the surviving spouse.
(c) A payment shall also be made to each child of a deceased
member less than eighteen (18) years of age, in an amount fixed by
ordinance, but at least an amount equal to twenty percent (20%) of the
monthly pay of a first class patrolman per month to each child:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer.
(d) The surviving children of the deceased member who are eligible
to receive a benefit under subsection (c) may receive an additional
benefit in an amount fixed by ordinance, but the total additional benefit
under this subsection to all the member's children may not exceed a
total of thirty percent (30%) of the monthly wage received by a first
class patrolman. However, this limitation does not apply to the children
of a member who are physically or mentally disabled.
(e) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent (20%)
of the monthly pay of a first class patrolman per month from the time
of the member's death shall be paid to the dependent parent or parents
during their dependency. When both parents survive, the total amount
is still twenty percent (20%), to be paid to them jointly. In all cases of
payment to a dependent relative of a deceased member, the board is the
final judge of the question of necessity and dependency and of the
amount to be paid. The board may also reduce or terminate temporarily
or permanently a payment to a dependent relative of a deceased
member when it determines that the condition of the fund or other
circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased or decreased,
the pension payable under this section shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(g) For purposes of this section, "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
member in the member's capacity as a police officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for the
coverage under subdivision (1), (2), or (3).
SOURCE: IC 36-8-7-12.3; (03)EH1465.1.4. -->
SECTION 4. IC 36-8-7-12.3, AS ADDED BY P.L.118-2000,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12.3. (a) This section applies to a member who
died in the line of duty (as defined in section 12.4 of this chapter)
before September 1, 1982.
(b) If a member of the fire department or a retired member of the
1937 fund dies and leaves:
(1) a surviving spouse;
(2) a child or children less than eighteen (18) years of age;
(3) a child or children at least eighteen (18) years of age who are
mentally or physically incapacitated; or
(4) a child or children less than twenty-three (23) years of age
who are:
(A) enrolled in and regularly attending a secondary school; or
(B) full-time students at an accredited college or university;
the local board shall authorize the payment to the surviving spouse and
to the child or children of the amount from the fund as prescribed by
this section. If the surviving spouse of a deceased member remarried
before September 1, 1983, and pension benefits ceased on the date of
remarriage, the benefits for the surviving spouse shall be reinstated on
July 1, 1997, and continue during the life of the surviving spouse. If the
pension of the surviving spouse of a deceased member has ceased by
virtue of the spouse's remarriage, and if the person to whom the spouse
has remarried was a retired member of the fire department who was
also entitled to a pension, then upon the death of the member to whom
the spouse had remarried, the spouse is entitled to receive a pension as
the surviving spouse of a deceased member as though the spouse had
not been remarried.
(c) If a deceased member of the fire department leaves no surviving
spouse or children but leaves a dependent parent, and upon satisfactory
proof that the parent was wholly dependent upon the deceased member,
the local board shall authorize the monthly payment to the parent from
the 1937 fund that is prescribed by this section.
(d) If a member dies while in active service:
(1) the surviving spouse is entitled to receive an amount fixed by
ordinance but not less than thirty percent (30%) of the salary of a
fully paid first class firefighter in the unit at the time of the
payment of the pension;
(2) the member's children who are:
(A) less than eighteen (18) years of age; or
(B) less than twenty-three (23) years of age if the children are
enrolled in and regularly attending a secondary school or are
full-time students at an accredited college or university;
are each entitled to receive an amount fixed by ordinance but not
less than twenty percent (20%) of the salary of a fully paid first
class firefighter in the unit at the time of the payment of the
pension; and
(3) each parent of a deceased member who was eligible for a
pension is entitled to receive jointly an amount equal to thirty
percent (30%) of the salary of a fully paid first class firefighter in
the unit at the time of the payment of the pension.
If the local board finds upon the submission of satisfactory proof that
a child eighteen (18) years of age or older is mentally or physically
incapacitated, is not a ward of the state, and is not receiving a benefit
under subdivision (2)(B), the child is entitled to receive the same
amount as is paid to the surviving spouse of a deceased firefighter as
long as the mental or physical incapacity continues. A sum paid for the
benefit of a child or children shall be paid to the remaining parent, if
alive, as long as the child or children reside with and are supported by
the parent. If the parent dies, the sum shall be paid to the lawful
guardian of the child or children.
(e) The monthly pension payable to a survivor may not be reduced
below the amount of the first full monthly pension received by that
person.
(f) A benefit payable under this section shall be paid in not less than
twelve (12) monthly installments.
(g) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for the
coverage under subdivision (1), (2), or (3).
SOURCE: IC 36-8-7-12.4; (03)EH1465.1.5. -->
SECTION 5. IC 36-8-7-12.4, AS AMENDED BY P.L.185-2002,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12.4. (a) This section applies to an active member
who dies in the line of duty after August 31, 1982.
(b) If a member dies in the line of duty after August 31, 1982, the
surviving spouse is entitled to a monthly benefit, during the spouse's
lifetime, equal to the benefit to which the member would have been
entitled on the date of the member's death, but not less than fifty
percent (50%) of the monthly wage received by a fully paid first class
firefighter. If the spouse remarried before September 1, 1983, and
benefits ceased on the date of remarriage, the benefits for the surviving
spouse shall be reinstated on July 1, 1997, and continue during the life
of the surviving spouse. If the pension of the surviving spouse of a
deceased member has ceased by virtue of the spouse's remarriage, and
if the person to whom the spouse has remarried was a retired member
of the fire department who was also entitled to a pension, then upon the
death of the member to whom the spouse had remarried, the spouse is
entitled to receive a pension as the surviving spouse of a deceased
member as though the spouse had not been remarried.
(c) If a member dies while in active service, the member's children
who are:
(1) less than eighteen (18) years of age; or
(2) less than twenty-three (23) years of age if the children are
enrolled in and regularly attending a secondary school or are
full-time students at an accredited college or university;
are each entitled to receive an amount fixed by ordinance but not less
than twenty percent (20%) of the salary of a fully paid first class
firefighter in the unit at the time of the payment of the pension.
(d) The surviving children of the deceased member who are eligible
to receive a benefit under subsection (c) may receive an additional
benefit in an amount fixed by ordinance, but the total additional benefit
under this subsection to all the member's children may not exceed a
total of thirty percent (30%) of the monthly wage received by a first
class firefighter. However, this limitation does not apply to the children
of a member who are physically or mentally disabled.
(e) If a deceased member of the fire department leaves no surviving
spouse or children but leaves a dependent parent, and upon satisfactory
proof that the parent was wholly dependent upon the deceased member,
the local board shall authorize the monthly payment to the parent from
the 1937 fund. Each parent of a deceased member who was eligible for
a pension under this subsection is entitled to receive jointly an amount
equal to thirty percent (30%) of the salary of a fully paid first class
firefighter in the unit at the time of the payment of the pension.
(f) For purposes of this section, "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
member, in the member's capacity as a firefighter:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs while on the scene of an emergency run (including
false alarms) or on the way to or from the scene.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(g) If the local board finds upon the submission of satisfactory proof
that a child eighteen (18) years of age or older is mentally or physically
incapacitated, is not a ward of the state, and is not receiving a benefit
under subsection (c)(2), the child is entitled to receive the same amount
as is paid to the surviving spouse of a deceased firefighter, as long as
the mental or physical incapacity continues. A sum paid for the benefit
of a child or children shall be paid to the remaining parent, if alive, as
long as the child or children reside with and are supported by the
parent. If the parent dies, the sum shall be paid to the lawful guardian
of the child or children.
(h) The monthly pension payable to a survivor may not be reduced
below the amount of the first full monthly pension received by that
person.
(i) A benefit payable under this section shall be paid in not less than
twelve (12) monthly installments.
(j) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for the
coverage under subdivision (1), (2), or (3).
SOURCE: IC 36-8-7.5-13.7; (03)EH1465.1.6. -->
SECTION 6. IC 36-8-7.5-13.7, AS AMENDED BY P.L.1-2001,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 13.7. (a) This section applies to a member who
died in the line of duty (as defined in section 14.1 of this chapter)
before September 1, 1982.
(b) The 1953 fund shall be used to pay an annuity, computed under
subsection (g) and payable in monthly installments, to the surviving
spouse of a member. The annuity continues during the life of the
surviving spouse unless the spouse remarried before September 1,
1983. If the spouse remarried before September 1, 1983, benefits
ceased on the date of remarriage. If a member of the fund died, but not
in the line of duty, and the member's surviving spouse remarried before
September 1, 1983, the benefits of the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the surviving
spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause while in the actual
discharge of duties as a police officer. The pension to each child
continues:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. However, the pension to the child ceases
if the child marries or is legally adopted by any person.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for a benefit under subsection (c) but does leave a
dependent parent or parents, the 1953 fund shall be used to pay an
annuity not greater than a sum equal to twenty percent (20%) of the
salary of a first class patrolman on the police department, computed
and payable as provided in section 12(b) of this chapter, payable
monthly to the dependent parent or parents of a member of the police
department. The annuity continues for the remainder of the life or lives
of the parent or parents as long as either or both fail to have sufficient
other income for their proper care, maintenance, and support.
(e) In all cases of payment to a dependent relative of a deceased
member, the local board is the final judge of the question of necessity
and dependency and of the amount within the stated limits to be paid.
The local board may also reduce or terminate temporarily or
permanently a payment to a dependent relative of a deceased member
when it determines that the condition of the 1953 fund or other
circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased or decreased,
the pension payable under this section shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(g) The annuity payable under subsection (b) equals thirty percent
(30%) of the salary of a first class patrolman. The amount provided in
this subsection is subject to adjustment as provided in subsection (f).
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for coverage
under subdivision (1), (2), or (3).
SOURCE: IC 36-8-7.5-14.1; (03)EH1465.1.7. -->
SECTION 7. IC 36-8-7.5-14.1, AS AMENDED BY P.L.185-2002,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 14.1. (a) This section applies to an active member
who dies in the line of duty after August 31, 1982.
(b) If a member dies in the line of duty after August 31, 1982, the
surviving spouse is entitled to a monthly benefit, during the spouse's
lifetime, equal to the benefit to which the member would have been
entitled on the date of the member's death, but not less than fifty
percent (50%) of the monthly wage received by a first class patrolman.
If the spouse remarried before September 1, 1983, benefits ceased on
the date of remarriage. However, if a member of the police department
dies in the line of duty after August 31, 1982, and the member's
surviving spouse remarried before September 1, 1983, the benefits for
the surviving spouse shall be reinstated on July 1, 1995, and continue
during the life of the surviving spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause while in the actual
discharge of duties as a police officer. The pension to each child
continues:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. However, the pension to the child ceases
if the child marries or is legally adopted by any person.
(d) The surviving children of the deceased member who are eligible
to receive a benefit under subsection (c) may receive an additional
benefit in an amount fixed by ordinance, but the total benefit to all the
member's children under this subsection may not exceed a total of
thirty percent (30%) of the monthly wage received by a first class
patrolman. However, this limitation does not apply to the children of
a member who are physically or mentally disabled.
(e) If a deceased member leaves no surviving spouse and no child
who qualifies for a benefit under subsection (c) but does leave a
dependent parent or parents, the 1953 fund shall be used to pay an
annuity not greater than a sum equal to twenty percent (20%) of the
salary of a first class patrolman on the police department, computed
and payable as provided in section 12(b) of this chapter, payable
monthly to the dependent parent or parents of a member of the police
department who dies from any cause while in the actual discharge of
duties as a police officer. The annuity continues for the remainder of
the life or lives of the parent or parents as long as either or both fail to
have sufficient other income for their proper care, maintenance, and
support.
(f) In all cases of payment to a dependent relative of a deceased
member, the local board is the final judge of the question of necessity
and dependency and of the amount within the stated limits to be paid.
The local board may also reduce or terminate temporarily or
permanently a payment to a dependent relative of a deceased member
when it determines that the condition of the 1953 fund or other
circumstances make this action necessary.
(g) If the salary of a first class patrolman is increased or decreased,
the pension payable under this section shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(h) For purposes of this section, "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
member, in the member's capacity as a police officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(i) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for coverage
under subdivision (1), (2), or (3).
SOURCE: IC 36-8-8-13.9; (03)EH1465.1.8. -->
SECTION 8. IC 36-8-8-13.9, AS ADDED BY P.L.118-2000,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 13.9. (a) This section applies to an active member
who died in the line of duty (as defined in section 14.1 of this chapter)
before September 1, 1982.
(b) Except as otherwise provided in this subsection, if a fund
member dies in the line of duty, the following apply:
(1) Each of the member's surviving children is entitled to a
monthly benefit equal to twenty percent (20%) of the fund
member's monthly benefit:
(A) until the child becomes eighteen (18) years of age; or
(B) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least
eighteen (18) years of age is mentally or physically incapacitated,
is not a ward of the state, and is not receiving a benefit under
clause (B), the child is entitled to receive an amount each month
that is equal to the greater of thirty percent (30%) of the monthly
pay of a first class patrolman or first class firefighter or fifty-five
percent (55%) of the monthly benefit the deceased member was
receiving or was entitled to receive on the date of the member's
death as long as the mental or physical incapacity of the child
continues. Benefits paid for a child shall be paid to the surviving
parent as long as the child resides with and is supported by the
surviving parent. If the surviving parent dies, the benefits shall be
paid to the legal guardian of the child.
(2) The member's surviving spouse is entitled to a monthly benefit
equal to sixty percent (60%) of the fund member's monthly
benefit during the spouse's lifetime. If the spouse remarried before
September 1, 1983, and benefits ceased on the date of remarriage,
the benefits for the surviving spouse shall be reinstated on July 1,
1997, and continue during the life of the surviving spouse.
If there is no surviving eligible child or spouse, and there is proof
satisfactory to the local board, subject to review in the manner
specified in section 13.1(b) of this chapter, that the parent was wholly
dependent on the fund member, the member's surviving parent is
entitled, or both surviving parents if qualified are entitled jointly, to
receive fifty percent (50%) of the fund member's monthly benefit
during the parent's or parents' lifetime.
(c) If the fund member did not have at least twenty (20) years of
service or was not at least fifty-two (52) years of age, the benefit under
subsection (b) is computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(d) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for coverage
under subdivision (1), (2), or (3).
SOURCE: IC 36-8-8-14.1; (03)EH1465.1.9. -->
SECTION 9. IC 36-8-8-14.1, AS AMENDED BY P.L.185-2002,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 14.1. (a) Benefits paid under this section are
subject to section 2.5 of this chapter.
(b) This section applies to an active member who dies in the line of
duty after August 31, 1982.
(c) If a fund member dies in the line of duty after August 31, 1982,
the member's surviving spouse is entitled to a monthly benefit during
the spouse's lifetime, equal to the benefit to which the member would
have been entitled on the date of the member's death, but not less than
the benefit payable to a member with twenty (20) years service at
fifty-two (52) years of age. If the spouse remarried before September
1, 1983, and benefits ceased on the date of remarriage, the benefits for
the surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(d) If a fund member dies in the line of duty, each of the member's
surviving children is entitled to a monthly benefit equal to twenty
percent (20%) of the fund member's monthly benefit:
(1) until the child reaches eighteen (18) years of age; or
(2) until the child reaches twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least eighteen
(18) years of age is mentally or physically incapacitated, is not a ward
of the state, and is not receiving a benefit under subdivision (2), the
child is entitled to receive an amount each month that is equal to the
greater of thirty percent (30%) of the monthly pay of a first class
patrolman or first class firefighter or fifty-five percent (55%) of the
monthly benefit the deceased member was receiving or was entitled to
receive on the date of the member's death as long as the mental or
physical incapacity of the child continues. Benefits paid for a child
shall be paid to the surviving parent as long as the child resides with
and is supported by the surviving parent. If the surviving parent dies,
the benefits shall be paid to the legal guardian of the child.
(e) If there is no surviving eligible child or spouse, and there is
proof satisfactory to the local board, subject to review in the manner
specified in section 13.1(b) of this chapter, that the parent was wholly
dependent on the fund member, the member's surviving parent is
entitled, or both surviving parents if qualified are entitled jointly, to
receive fifty percent (50%) of the fund member's monthly benefit
during the parent's or parents' lifetime.
(f) If the fund member did not have at least twenty (20) years of
service or was not at least fifty-two (52) years old, the benefit is
computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(g) For purposes of this section, "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:
(1) any action that the member, in the member's capacity as a
police officer:
(A) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(B) performs in the course of controlling or reducing crime or
enforcing the criminal law; or
(2) any action that the member, in the member's capacity as a
firefighter:
(A) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(B) performs while on the scene of an emergency run
(including false alarms) or on the way to or from the scene.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay
for health insurance coverage for the member's surviving spouse
and for each natural child, stepchild, or adopted child of the
member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide
and pay for health insurance coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the member is eligible for coverage
under subdivision (1), (2), or (3).
SOURCE: IC 36-8-10-16.5; (03)EH1465.1.10. -->
SECTION 10. IC 36-8-10-16.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 16.5. (a) As used in this section,
"dies in the line of duty" has the meaning set forth in IC 5-10-10-2.
(b) This section applies to the survivors of an eligible employee
who dies in the line of duty.
(c) After December 31, 2003, the department that employed the
eligible employee who died in the line of duty shall offer to provide
and pay for health insurance coverage for the eligible employee's
surviving spouse and for each natural child, stepchild, or adopted
child of the eligible employee:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age, if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to an eligible employee, the health insurance provided
to a surviving spouse or child under this subsection must be equal
in coverage to that offered to an eligible employee. The offer to
provide and pay for health insurance cover shall remain open for
as long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the eligible employee is eligible for
coverage under subdivision (1), (2), or (3).