SOURCE: Page 1, line 1; (04)MO130602.1. -->
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SOURCE: IC 5-10.2-4-6; (04)MO130602.1. -->
"SECTION 1. IC 5-10.2-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) A member who
becomes disabled while receiving a salary or employer provided income
protection benefits or who is on leave under the Family and Medical
Leave Act may retire for the duration of his disability if:
(1) the member has at least five (5) years of creditable service
(A) termination of a salary or employer provided income
protection benefits or Family and Medical Leave Act leave; or
(B) exhaustion of all worker's compensation benefits;
(2) the member has qualified for Social Security disability benefits
and has furnished proof of the Social Security qualification to the
(3) at least once each year until the member reaches age sixty-five
(65) a representative of the board verifies the continued disability.
For the purposes of this section, a member of the public employees'
retirement fund who has qualified for disability benefits under the
federal civil service system is considered to have met the requirement
of subdivision (2) if he furnishes proof of the qualification to the board
of the public employees' retirement fund.
(b) Benefits for disability shall be paid beginning with the month
following the onset of disability as determined by the Social Security
Administration. The benefit is the retirement benefit specified in section
4 of this chapter with the pension computed using only the years of
creditable service worked to the date of disability and without reduction
for early retirement.
However, Except as provided in subsection (g),
the monthly disability retirement benefit may not be less than one
hundred dollars ($100).
(c) The member may have his benefit paid under any of the
retirement benefit options specified in section 7 of this chapter, except
that the member may not choose to have the member's disability
retirement benefit paid under the method specified under section 7(b)(3)
of this chapter.
(d) This section applies to:
(1) a member of the public employees' retirement fund who
became disabled after June 30, 1973; and
(2) a member of the Indiana state teachers' retirement fund who
becomes disabled after June 30, 1984, and who chooses disability
retirement under this section.
(e) To the extent required by the Americans with Disabilities Act (42
U.S.C. 12101 et seq.) and any amendments and regulations to the Act,
the transcripts, records, and other material compiled to determine the
existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
(f) A member may continue to receive disability benefits from the
public employees' retirement fund or the Indiana state teachers'
retirement fund so long as the member is entitled to receive Social
Security benefits, including periods of trial employment or rehabilitation
under the Social Security guidelines. However, during a period of trial
employment or rehabilitation, service credit may not be granted under
the public employees' retirement fund or the Indiana state teachers'
(g) This subsection applies only to a member of the public
employees' retirement fund. The pension portion (plus
postretirement increases to the pension portion) provided by
employer contributions of the monthly disability retirement
benefit payable under this section after December 31, 2004, may
not be less than one hundred eighty dollars ($180). The increase
specified in this subsection is in addition to any other increase
provided by law.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1306 as printed February 20, 2004.)
MO130602/DI 102 2004