Citations Affected: IC 5-10-8-2.2; IC 36-8.
Synopsis: Police and firefighter pensions. Provides that a police
officer or firefighter who retires or becomes disabled after December
31, 2005, is entitled to a pension based on the salary of the rank held
at the time of retirement or disability. Provides that a surviving spouse
of a police officer or firefighter who dies after December 31, 2005, is
entitled to a benefit based on the salary of the rank held at the time of
the death of the police officer or firefighter. Provides that certain
surviving children of a police officer or firefighter who dies after
December 31, 2005, are entitled to a benefit based on the salary of the
rank held at the time of the death of the police officer or firefighter.
Effective: July 1, 2004.
January 15, 2004, read first time and referred to Committee on Labor and Employment.
A BILL FOR AN ACT to amend the Indiana Code concerning
pensions.
duty;
(ii) a personal injury that occurs while the fund member is
off duty and is responding to an offense or a reported
offense, in the case of a police officer; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included within
clause (B);
(B) a duty related disease (for purposes of this section, a "duty
related disease" means a disease arising out of the fund
member's employment; a disease is considered to arise out of
the fund member's employment if it is apparent to the rational
mind, upon consideration of all of the circumstances, that:
(i) there is a connection between the conditions under which
the fund member's duties are performed and the disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13; and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
If a member who becomes eligible for a disability pension has more
than twenty (20) years of service, the member is entitled to receive a
disability pension equal to the pension the member would have
received if the member had retired on the date of the disability.
(c) Except as otherwise provided in this subsection, for a member
who becomes disabled after June 30, 2000, and before January 1,
2006, the 1925 fund shall be used to pay a pension in a sum determined
by the local board, but not exceeding fifty-five percent (55%) of the
salary of a first class patrolman, to a member of the police department
who has suffered or contracted a mental or physical disease or
disability:
(1) that is not described in subsection (b)(1); and
(2) that renders the member unable to perform the essential
functions of any duty in the police department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act.
be proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below:
(1) the amount of the first full monthly pension received by that
person; or
(2) fifty-five percent (55%) of the salary of a first class patrolman;
whichever is greater.
(g) (i) Time spent receiving disability benefits is considered active
service for the purpose of determining retirement benefits until the
member has a total of twenty (20) years of service.
(h) (j) A fund member who is receiving disability benefits under this
chapter shall be transferred from disability to regular retirement status
when the member becomes fifty-five (55) years of age.
the member's benefit shall be considered to be fifty percent (50%)
of the monthly salary of a first class patrolman. The amount
provided in this subdivision is subject to adjustment as provided
in subsection (e).
(3) To the surviving spouse of a member who dies after
December 31, 2005, an amount per month, during the spouse's
life, equal to 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. However, if the deceased
member was not entitled to a benefit because the member had
not completed twenty (20) years of service, for purposes of
computing the amount, the member's benefit shall be
considered to be fifty percent (50%) of the monthly salary of
the member at the time of death. The amount provided in this
subsection is subject to adjustment as provided in subsection
(f).
(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 if the member dies before January 1, 2006, and
twenty percent (20%) of the salary of the rank that the deceased
member held at the time of death if the member dies after
December 31, 2005, per month:
(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) Except as otherwise provided in this subsection, 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:
(1) twenty percent (20%) of the monthly pay of a first class
patrolman if the member dies before January 1, 2006; and
(2) twenty percent (20%) of the salary of the rank that the
member held at the time of death if the member dies after
December 31, 2005;
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 as provided under
subsection (b)(1) or (b)(2) 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) If the salary of a current member of the police department
holding the rank that the deceased member held at the time of
death as provided under subsection (b)(3) is increased or
decreased, the pension payable under this section shall be
proportionately increased or decreased.
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.
(b) If a member dies in the line of duty after December 31, 2005,
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
member holding the rank that the deceased member held at the
time of death.
(c) If a member dies in the line of duty after August 31, 1982,
and before January 1, 2006, 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 member dies in the line of duty after December 31, 2005,
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 salary of the rank that the deceased member held at the time
of death 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 longest.
(f) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (e) 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
salary of the rank that the deceased member held at the time of
death. However, this limitation does not apply to the children of a
member who are physically or mentally disabled.
(g) 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:
(1) twenty percent (20%) of the monthly pay of a first class
patrolman if the member dies before January 1, 2006; and
(2) twenty percent (20%) of the salary of the rank that the
member held at the time of death if the member dies after
December 31, 2005;
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) (h) 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.
(i) If the salary of a current member of the police department
holding the rank that the deceased member held at the time of
death as provided under subsection (b) or (e) is increased or
decreased, the pension payable under this section shall be
proportionately increased of 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) (j) 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) (k) 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).
years.
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 11. (a) Benefits paid under this section are subject
to section 2.5 of this chapter.
(b) If a member of the fire department becomes seventy (70) years
of age or is found upon examination by a medical officer to be
physically or mentally disabled and unable to perform the essential
functions of the job, considering reasonable accommodation to the
extent required by the Americans with Disabilities Act, so as to make
necessary the person's retirement from all service with the department,
the local board shall retire the person.
(c) The local board may retire a person for disability only after a
hearing conducted under IC 36-8-8-12.7.
(d) If after the hearing the local board determines that a person who
became disabled before July 1, 2000, is disabled and unable to perform
the essential functions of the job, considering reasonable
accommodation to the extent required by the Americans with
Disabilities Act, the local board shall then authorize the monthly
payment to the person from the 1937 fund of an amount equal to
fifty-five percent (55%) of the salary of a fully paid first class
firefighter in the unit at the time of the payment of the pension. All
physical and mental examinations of members of the fire department
shall be made on order of the local board by a medical officer
designated by the local board.
(e) If after the hearing under this section and a recommendation
under section 12.5 of this chapter, the 1977 fund advisory committee
determines that a person who becomes disabled after June 30, 2000,
and before January 1, 2006:
(1) has a disability that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is on
duty;
(ii) a personal injury that occurs while the fund member is
responding to an emergency or reported emergency for
which the fund member is trained; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included within
clause (B);
(B) a duty related disease (for purposes of this section, a "duty
related disease" means a disease arising out of the fund
member's employment; a disease is considered to arise out of
the fund member's employment if it is apparent to the rational
mind, upon consideration of all of the circumstances, that:
person from the 1937 fund of an amount equal to fifty-five percent
(55%) of the salary of the rank of the member before the date of
the disability. All physical and mental examinations of members of
the fire department shall be made on order of the local board by a
medical officer designated by the local board.
under section 11(e) or 11(f) of this chapter may not be reduced
below fifty-five percent (55%) of the salary of a fully paid first class
firefighter in the unit at the time of the payment of the pension.
(h) The monthly pension payable to a member who is
transferred from disability to regular retirement status and
received benefits under section 11(g) or 11(h) of this chapter may
not be reduced below fifty-five percent (55%) of the current salary
of the rank of the member before the date of the member's
disability.
(g) (i) A benefit payable under this section shall be paid in not less
than twelve (12) monthly installments.
(h) (j) A fund member who is receiving disability benefits under this
chapter shall be transferred from disability to regular retirement status
when the member becomes fifty-five (55) years of age.
considered to be fifty percent (50%) of the monthly salary
of the rank of the member at the time of death;
(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 if the member's death occurred before January 1,
2006, and not less than twenty percent (20%) of the current
salary of the rank held by the member at the time of death if
the member's death occurred after December 31, 2005; 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 member's
death occurred before January 1, 2006, and not less than
thirty percent (30%) of the current salary of the rank held by
the member at the time of death if the member's death
occurred after December 31, 2005.
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.
before January 1, 2006, 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 in the line of duty after December 31, 2005,
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
member holding the rank that the deceased member held at the
time of death.
(d) If a member dies in the line of duty while in active service after
August 31, 1982, and before January 1, 2006, 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.
(e) If a member dies in the line of duty while in active service
after December 31, 2005, 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 current salary of the rank
that the deceased member held at the time of death.
(d) (f) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (c) (d) 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.
(g) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (e) 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
current salary of the rank that the deceased member held at the
time of death. However, this limitation does not apply to the
children of a member who are physically or mentally disabled.
(e) (h) 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:
(1) 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 member dies before January 1, 2006; and
(2) thirty percent (30%) of the current salary of the rank that
the member held at the time of death if the member dies after
December 31, 2005.
(f) (i) 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) (j) 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), (d)(2) or (e)(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) (k) 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) (l) A benefit payable under this section shall be paid in not less
than twelve (12) monthly installments.
(j) (m) 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).
proceeds from the sale of lost, stolen, and confiscated property
recovered or taken into possession by members of the police
department in the performance of their duties and confiscated by
court order, and sold at a public sale in accordance with law.
(3) From an assessment made during the period of his
employment or for thirty-two (32) years, whichever is shorter, on
the salary of each member whom the local board has accepted and
designated as a beneficiary of the 1953 fund, an amount equal to:
(A) before January 1, 2006, six percent (6%) of the salary of
a first class patrolman; and
(B) after December 31, 2005, an amount equal to six
percent (6%) of the salary of the rank of the member.
However, the employer may pay all or a part of the assessment for
the member.
(4) From the income from investments of the 1953 fund.
(5) From the proceeds of a tax levied by the police special service
district upon taxable property in the district, which the treasurer
of state shall collect and credit to the 1953 fund, to be used
exclusively by the 1953 fund.
pension equal to fifty percent (50%) of the salary of the rank of the
member at the date of retirement. The pension shall be computed
on an annual basis but shall be paid in not less than twelve (12)
equal monthly installments. If the salary of the rank of the member
is increased or decreased after the date of the member's
retirement, the pension payable shall be proportionately increased
or decreased.
(d) If a member retires upon his voluntary application after twenty
(20) years or more of active service, he then relinquishes all rights to
other benefits or pensions for disability during the time of his
retirement.
(d) (e) After retirement the member is not required to render further
services on the police department and is no longer subject to the rules
of the police department, unless a national emergency has been
declared by the local board, on application by the executive, the safety
board, and the police chief of the city. Upon declaration of such an
emergency, the retired member, if physically able, shall return to active
duty under the rank he attained at the time of his retirement, and if he
refuses to return to active duty upon being declared physically fit, he
forfeits his right to receive his pension until the time he returns to
active duty and again is retired or discharged from service.
(e) (f) No pension, annuity, or benefit provided by this chapter is
payable by the local board except upon written application by the
member of the police department, or the surviving spouse or other
dependent, upon the forms and with the information required by the
local board.
for less than one (1) year who has suffered or received personal injury
from violent external causes while in the actual discharge of the
member's duties as a police officer. The pensions provided for in this
subsection shall be paid only so long as the member of the police
department remains unfit for active duty in the police department.
(b) For a member who becomes disabled after June 30, 2000, and
before January 1, 2006, the 1953 fund shall be used to pay a pension
in an annual sum equal to fifty-five percent (55%) of the salary of a
first class patrolman in the police department, computed on an annual
basis and payable in twelve (12) equal monthly installments, to an
active member of the police department who:
(1) has suffered or incurred a disability that renders the member
permanently unfit for active duty in the police department and
that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is on
duty;
(ii) a personal injury that occurs while the fund member is
off duty and is responding to an offense or a reported
offense; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included within
clause (B);
(B) a duty related disease (for purposes of this section, a "duty
related disease" means a disease arising out of the fund
member's employment; a disease is considered to arise out of
the fund member's employment if it is apparent to the rational
mind, upon consideration of all of the circumstances, that:
(i) there is a connection between the conditions under which
the fund member's duties are performed and the disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13; and
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act.
The pensions provided for in this subsection shall be paid only so long
as the member of the police department remains unfit for active duty
in the police department. If the salary of a first class patrolman is
increased or decreased, the pension payable 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.
(c) For a member who becomes disabled after June 30, 2000, and
before January 1, 2006, the 1953 fund shall be used to pay a pension
in an annual sum equal to fifty-five percent (55%) of the salary of a
first class patrolman in the police department, computed on an annual
basis and payable in twelve (12) equal monthly installments, to an
active member of the police department who has been in active service
for at least one (1) year and:
(1) has suffered or incurred a disability that:
(A) renders the member permanently unfit for active duty in
the police department; and
(B) is not described in subsection (b)(1); and
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long as
the member of the police department remains unfit for active duty in
the police department. If the salary of a first class patrolman is
increased or decreased, the pension payable 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.
(d) For a member who becomes disabled after December 31,
2005, the 1953 fund shall be used to pay a pension in an annual sum
equal to fifty-five percent (55%) of the salary of the rank of the
member before the disability, computed on an annual basis and
payable in twelve (12) equal monthly installments, to an active
member of the police department who:
(1) has suffered or incurred a disability that renders the
member permanently unfit for active duty in the police
department and that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member
is on duty;
(ii) a personal injury that occurs while the fund member
is off duty and is responding to an offense or a reported
offense; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included
within clause (B);
(B) a duty related disease (for purposes of this section,
"duty related disease" means a disease arising out of the
fund member's employment; a disease is considered to
arise out of the fund member's employment if it is
apparent to the rational mind, upon consideration of all of
the circumstances, that:
(i) there is a connection between the conditions under
which the fund member's duties are performed and the
disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13; and
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required
by the Americans with Disabilities Act.
The pensions provided for in this subsection shall be paid only so
long as the member of the police department remains unfit for
active duty in the police department. If the salary of the rank the
disabled member holds is increased or decreased after the date of
the member's disability, the pension payable shall be
proportionately increased or decreased. However, the monthly
pension payable to a member may not be reduced below the
amount of the first full monthly pension received by that person.
(e) For a member who becomes disabled after December 31,
2005, the 1953 fund shall be used to pay a pension in an annual sum
equal to fifty-five percent (55%) of the salary of the rank of the
member in the police department, computed on an annual basis
and payable in twelve (12) equal monthly installments, to an active
member of the police department who has been in active service for
at least one (1) year and:
(1) has suffered or incurred a disability that:
(A) renders the member permanently unfit for active duty
in the police department; and
(B) is not described in subsection (b)(1); and
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required
by the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long
as the member of the police department remains unfit for active
duty in the police department. If the salary of the rank the disabled
member holds is increased or decreased after the date of the
member's disability, the pension payable shall be proportionately
increased or decreased. However, the monthly pension payable to
a member may not be reduced below the amount of the first full
monthly pension received by that person.
(f) For a member who became disabled before July 1, 2000, the
1953 fund shall be used to pay temporary benefits in an annual sum
equal to thirty percent (30%) of the salary of a first class patrolman in
the police department, computed and payable as prescribed by section
12(a) of this chapter, to an active member of the police department who
has been in active service for more than one (1) year and who has
suffered any physical or mental disability that renders the member
temporarily or permanently unable to perform his duties as a member
of the police department, or to an active member of the police
department who has been in active service for less than one (1) year
and who has suffered or received personal injury from violent external
causes while in the actual discharge of the member's duties as a police
officer, until the time the member is physically and mentally able to
return to active service on the police department.
(e) (g) For a member who becomes disabled after June 30, 2000,
and before January 1, 2006, the 1953 fund shall be used to pay a
pension in an annual sum equal to thirty percent (30%) of the salary of
a first class patrolman in the police department, computed on an annual
basis and payable in twelve (12) equal monthly installments, to an
active member of the police department who:
(1) suffers or incurs a disability that renders the member
temporarily unfit for active duty in the police department and that
is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is on
duty;
(ii) a personal injury that occurs while the fund member is
off duty and is responding to an offense or a reported
offense, in the case of a police officer; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included within
clause (B);
(B) a duty related disease (for purposes of this section, a "duty
related disease" means a disease arising out of the fund
member's employment; a disease is considered to arise out of
the fund member's employment if it is apparent to the rational
mind, upon consideration of all of the circumstances, that:
(i) there is a connection between the conditions under which
the fund member's duties are performed and the disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13; and
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long as
the member of the police department remains unfit for active duty in
the police department. If the salary of a first class patrolman is
increased or decreased, the pension payable 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) (h) For a member who becomes disabled after June 30, 2000,
and before January 1, 2006, the 1953 fund shall be used to pay
temporary benefits in an annual sum equal to thirty percent (30%) of
the salary of a first class patrolman in the police department, computed
on an annual basis and payable in twelve (12) equal monthly
installments, to an active member of the police department:
(1) who has been in active service for at least one (1) year;
(2) suffers or incurs a disability that:
(A) renders the member temporarily unfit for active duty in the
police department; and
(B) is not described in subsection (e)(1); (g)(1), and
(3) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act.
The pension provided for in this subsection shall be paid only so long
as the member of the police department remains unfit for active duty
in the police department. If the salary of a first class patrolman is
increased or decreased, the pension payable 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.
(i) For a member who becomes disabled after December 31,
2005, the 1953 fund shall be used to pay a pension in an annual sum
equal to thirty percent (30%) of the salary of the rank of the
member before the member's disability, computed on an annual
basis and payable in twelve (12) equal monthly installments, to an
active member of the police department who:
(1) suffers or incurs a disability that renders the member
temporarily unfit for active duty in the police department and
that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member
is on duty;
(ii) a personal injury that occurs while the fund member
is off duty and is responding to an offense or a reported
offense, in the case of a police officer; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included
within clause (B);
(B) a duty related disease (for purposes of this section, a
"duty related disease" means a disease arising out of the
fund member's employment; a disease is considered to
arise out of the fund member's employment if it is
apparent to the rational mind, upon consideration of all of
the circumstances, that:
(i) there is a connection between the conditions under
which the fund member's duties are performed and the
disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13; and
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required
by the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long
as the member of the police department remains unfit for active
duty in the police department. If the salary of the rank the disabled
member holds is increased or decreased after the date of the
member's disability, the pension payable 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.
(j) For a member who becomes disabled after December 31,
2005, the 1953 fund shall be used to pay temporary benefits in an
annual sum equal to thirty percent (30%) of the salary of the rank
of the member before the member's disability, computed on an
annual basis and payable in twelve (12) equal monthly installments,
to an active member of the police department who:
(1) has been in active service for at least one (1) year;
(2) suffers or incurs a disability that:
(A) renders the member temporarily unfit for active duty
in the police department; and
(B) is not described in subsection (e)(1); and
(3) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required
by the Americans with Disabilities Act.
The pension provided for in this subsection shall be paid only so
long as the member of the police department remains unfit for
active duty in the police department. If the salary of the rank the
disabled member holds is increased or decreased after the date of
the member's disability, the pension payable 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) (k) If an application is made by an active member of the police
department because of physical or mental disability for temporary
benefits as provided in subsection (d), (e), or (f), (g), (h), (i), or (j), the
benefit is not payable until the local board determines after a hearing
conducted under IC 36-8-8-12.7 that the member is unfit for active duty
on the police department, considering reasonable accommodation to
the extent required by the Americans with Disabilities Act. Before the
hearing, a physician to be appointed by the local board shall examine
the member and certify in writing whether in the physician's opinion
the member is unfit, physically or mentally, for active duty in the police
department. After the pension or benefit has been granted by the local
board, the payment commences with the original date of the injury or
illness causing the disability.
(h) (l) A member who has been granted a disability benefit under
this section and who fails or refuses to submit to a physical
examination at any time by the local board physician has no right in the
future to receive the disability benefit, and any benefit that has been
granted shall be immediately canceled by the local board.
(i) (m) The local board may, from time to time, require a member
of the police department who is receiving at any time disability benefits
or pensions as provided in this section to be examined by the physician
appointed by the local board. After the examination, the local board
shall conduct a hearing under IC 36-8-8-12.7 to determine whether the
disability still exists and whether the member should continue to
receive the pension or benefit. If after the examination and hearing the
member is found to have recovered from the member's disability and
is fit for active duty on the police department, then upon written notice
to the member by the local board, the member shall be reinstated in
active service, the safety board shall be informed of the action of the
local board, and from that time the member is no longer entitled to
payments from the 1953 fund. If the member fails or refuses to return
to active duty after ordered by the local board, the member ceases to be
a member of the 1953 fund and waives all rights to any further
pensions or benefits provided by the 1953 fund.
(j) (n) Notwithstanding any other provision of this chapter, no
disability benefit may be paid for any disability based upon or caused
by any mental or physical condition that a member had at the time the
member entered or reentered the member's active service in the police
department.
(k) (o) If a member who is receiving disability benefits under
subsection (a), (b), or (c) for a disease or disability occurring after June
30, 1991, and before January 1, 2006, is transferred from disability
to regular retirement status, the member's monthly pension may not be
reduced below fifty-five percent (55%) of the salary of a first class
patrolman at the time of payment of the pension.
(p) If a member who is receiving disability benefits under
subsection (d) or (e) for a disease or disability occurring after
December 31, 2005, is transferred from disability to regular
retirement status, the member's monthly pension may not be
reduced below fifty-five percent (55%) of the current salary of the
rank of the member before the member's disability.
(l) (q) To the extent required by the Americans with Disabilities
Act, the transcripts, reports, 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.
(m) (r) A fund member who is receiving disability benefits under
this chapter shall be transferred from disability to regular retirement
status when the member becomes fifty-five (55) years of age.
month during the spouse's life equal to the greater of:
(A) thirty percent (30%) of the monthly pay of a first class
patrolman; or
(B) 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.
However, if the deceased member was not entitled to a benefit
because the member had not completed twenty (20) years of
service, for the purposes of computing the amount under
subdivision (2)(B) the member's benefit is considered to be fifty
percent (50%) of the monthly salary of a first class patrolman.
The amount provided in this subdivision is subject to adjustment
as provided in subsection (f).
(3) For the surviving spouse of a member who dies after
December 31, 2005, an amount per month during the spouse's
life equal to the greater of:
(A) thirty percent (30%) of the monthly salary of the rank
held by the member at the time of death; or
(B) 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.
However, if the deceased member was not entitled to a benefit
because the member had not completed twenty (20) years of
service, for the purposes of computing the amount under
clause (B) the member's benefit is considered to be fifty
percent (50%) of the monthly salary of the member at the
time of death. The amount provided in this subdivision is
subject to adjustment as provided in subsection (f).
1, 1995, and continue during the life of the surviving spouse.
(c) If a member dies in the line of duty after December 31, 2005,
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
member holding the rank that the deceased member held at the
time of death.
(d) If a member dies in the line of duty after August 31, 1982,
and before January 1, 2006, 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) (e) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (c) (d) 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.
(f) If a member dies in the line of duty after December 31, 2005,
the 1953 fund shall also be used to pay an annuity equal to twenty
percent (20%) of the salary of the rank that the member held at the
time of the member's death, computed as provided in section 12(c)
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.
(g) The surviving children of the deceased member who are
eligible to receive a benefit under subsection (f) 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 salary of the
rank that the deceased member held at the time of the member's
death. However, this limitation does not apply to the children of a
member who are physically or mentally disabled.
(e) (h) If a deceased member leaves no surviving spouse and no
child who qualifies for a benefit under subsection (c) (d) or (f) 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:
(1) 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, if the member dies before January
1, 2006; or
(2) twenty percent (20%) of the salary of the rank that the
member held at the time of the member's death, computed as
provided in section 12(c) of this chapter, if the member dies
after December 31, 2005;
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) (i) 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) (j) If the salary of a first class patrolman as provided under
subsection (b) or (d) 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.
(k) If the salary of a current member of the police department
holding the rank that the deceased member held at the time of the
member's death as provided under subsection (c) or (f) is increased
or decreased, the pension payable under this section shall be
proportionately increased or decreased. However, the monthly
pension payable to a survivor may not be reduced below the
amount of the first full monthly pension received by that person.
(h) (l) 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) (m) 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).
of the salary of a first class patrolman or firefighter; and
(2) after December 31, 2005, an amount equal to six percent
(6%) of the salary of the rank of the member.
However, the employer may pay all or a part of the contribution for the
member. The amount of the contribution, other than contributions paid
on behalf of a member, shall be deducted each pay period from each
fund member's salary by the disbursing officer of the employer. The
employer shall send to the PERF board each year on March 31, June
30, September 30, and December 31, for the calendar quarters ending
on those dates, a certified list of fund members and a warrant issued by
the employer for the total amount deducted for fund members'
contributions.
(b) If a fund member ends his employment other than by death or
disability before he the member completes twenty (20) years of active
service, the PERF board shall return to him the member in a lump sum
his contributions plus interest as determined by the PERF board. If the
fund member returns to service, he the member is entitled to credit for
the years of service for which his the member's contributions were
refunded if he the member repays the amount refunded to him the
member in either a lump sum or a series of payments determined by
the PERF board.
he remains a member of the original fund entitled to receive only the
benefits provided under this chapter based on the eligibility
requirements of this chapter.
(d) A police officer or firefighter who:
(1) converted his the police officer's or firefighter's benefits
from a 1925, 1937, or 1953 fund;
(2) who did not retire or become disabled on or before June 30,
1998; and
(3) who is entitled to receive benefits provided under this chapter
based on the eligibility requirements of this chapter;
remains a member of that original fund but is entitled to receive only
the benefits provided under this chapter and based on the eligibility
requirements of this chapter.
(e) A police officer or firefighter who converted shall contribute:
(1) six percent (6%) of the salary of a first class patrolman or
firefighter before January 1, 2006; and
(2) an amount equal to six percent (6%) of the salary of the
rank of the member after December 31, 2005;
to the 1925, 1937, or 1953 fund. This amount shall be deducted from
his the police officer's or firefighter's salary each pay period by the
disbursing officer of the employer. Contributions under this subsection
may not be refunded.
payment under section 10(c) of this chapter and who retires before
January 1, 2006, is entitled to receive a monthly benefit equal to fifty
percent (50%) of the monthly salary of a first class patrolman or
firefighter in the year the member ended his active service plus one
percent (1%) of that salary for each six (6) months of active service
over twenty (20) years, to a maximum of twelve (12) years, all
actuarially reduced for each month (if any) of benefit payments prior
to fifty-two (52) years of age, by a factor established by the fund's
actuary from time to time.
(e) Each fund member who qualifies for a retirement benefit
payment under section 10(c) of this chapter and who retires after
December 31, 2005, is entitled to receive a monthly benefit equal to
fifty percent (50%) of the monthly salary of the rank held by the
member at the time the member ended active service all actuarially
reduced for each month (if any) of benefit payments before
becoming fifty-two (52) years of age, by a factor established
periodically by the fund's actuary.
class patrolman or firefighter in the year of the local board's
determination of impairment; or
(B) after December 31, 2005, the fund member is entitled
to a monthly base benefit equal to the product of the
member's years of service, not to exceed thirty (30) years
of service, multiplied by one percent (1%) of the monthly
salary of the rank of the member at the time of the
occurrence of the Class 3 impairment in the year of the
local board's determination of impairment.
(2) Except as provided in subdivision (5), a fund member is
entitled to receive the benefits set forth in subdivision (1) if:
(A) the fund member had a Class 3 excludable condition under
section 13.6 of this chapter at the time the fund member
entered or reentered the fund;
(B) the fund member has a Class 3 impairment that is not
related in any manner to the Class 3 excludable condition
described in clause (A); and
(C) the Class 3 impairment described in clause (B) occurs after
the fund member has completed four (4) years of service with
the employer after the date the fund member entered or
reentered the fund.
(3) Except as provided in subdivision (5), a fund member is not
entitled to a monthly base benefit for a Class 3 impairment if:
(A) the fund member had a Class 3 excludable condition under
section 13.6 of this chapter at the time the fund member
entered or reentered the fund; and
(B) the Class 3 impairment occurs before the fund member has
completed four (4) years of service with the employer after the
date the fund member entered or reentered the fund.
(4) A fund member is not entitled to a monthly base benefit for a
Class 3 impairment if:
(A) the fund member had a Class 3 excludable condition under
section 13.6 of this chapter at the time the fund member
entered or reentered the fund; and
(B) the Class 3 impairment is related in any manner to the
Class 3 excludable condition.
(5) If during the first four (4) years of service with the employer:
(A) a fund member with a Class 3 excludable condition is
determined to have a Class 3 impairment; and
(B) the Class 3 impairment is attributable to an accidental
injury that is not related in any manner to the fund member's
Class 3 excludable condition;
monthly salary of a first class patrolman or firefighter in the
year of the local board's determination of impairment; or
(B) (ii) less than thirty percent (30%) of the monthly salary
of a first class patrolman or firefighter in the year of the
local board's determination of impairment if the member has
at least four (4) years of service; or
(B) after December 31, 2005, until the member becomes
fifty-two (52) years of age if the member's benefit is:
(i) equal to or more than thirty percent (30%) of the
monthly salary of the rank of the member in the year of
the local board's determination of impairment; or
(ii) less than thirty percent (30%) of the monthly salary
of the rank of the member in the year of the local board's
determination of impairment if the member has at least
four (4) years of service.
(h) Upon becoming fifty-two (52) years of age, a fund member with
a Class 1 or Class 2 impairment is entitled to receive the retirement
benefit payable to a fund member with:
(1) twenty (20) years of service; or
(2) the total years of service and salary, as of the year the member
becomes fifty-two (52) years of age, that the fund member would
have earned if the fund member had remained in active service
until becoming fifty-two (52) years of age;
whichever is greater.
(i) Upon becoming fifty-two (52) years of age a fund member:
(1) with a Class 3 impairment that occurred before January
1, 2006, who is receiving or has received a Class 3 impairment
benefit that is:
(1) (A) equal to or greater than thirty percent (30%) of the
monthly salary of a first class patrolman or firefighter in the
year of the local board's determination of impairment; or
(2) (B) less than thirty percent (30%) of the monthly salary of
a first class patrolman or firefighter in the year of the local
board's determination of impairment if the member has at least
four (4) years of service; or
(2) with a Class 3 impairment that occurred after December
31, 2005, who is receiving or has received a Class 3
impairment benefit that is:
(A) equal to or more than thirty percent (30%) of the
monthly salary of the rank of the member in the year of
the local board's determination of impairment; or
(B) less than thirty percent (30%) of the monthly salary of
the rank of the member in the year of the local board's
determination of impairment if the member has at least
four (4) years of service;
is entitled to receive the retirement benefit payable to a fund member
with twenty (20) years of service.
(j) Notwithstanding section 12.3 of this chapter and any other
provision of this section, a member who:
(1) has had a covered impairment;
(2) recovers and returns to active service with the department; and
(3) within two (2) years after returning to active service has an
impairment that, except for section 12.3(b)(3) of this chapter,
would be a covered impairment;
is entitled to the benefit under this subsection if the impairment
described in subdivision (3) results from the same condition or
conditions (without an intervening circumstance) that caused the
covered impairment described in subdivision (1). The member is
entitled to receive the monthly disability benefit amount paid to the
member at the time of the member's return to active service plus any
adjustments under section 15 of this chapter that would have been
applicable during the member's period of reemployment.
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 a fund member dies while receiving retirement or disability benefits,
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 a fund member dies after December 31, 2005, while
receiving retirement or disability benefits, the following apply:
(1) Except as otherwise provided in this subsection, 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 salary of the rank of the
member 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 a fund member dies while receiving retirement or disability
benefits, 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.
(d) Except as otherwise provided in this subsection, if a fund
member dies while on active duty or while retired and not receiving
benefits, the member's children and the member's spouse, or the
member's parent or parents are entitled to receive a monthly benefit
determined under subsection subsections (b) and (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 is computed as if the
member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
and before January 1, 2006, 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 a fund member dies in the line of duty after December 31,
2005, 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 becomes eighteen (18) years of age; or
(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;
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 salary
of the rank that the deceased member held at the time of death 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.
(f) 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) (g) 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) (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:
(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) (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).
retirement age. If the unit pays the additional amount described in
this subdivision in accordance with the requirements of
subdivision (2), the fund member shall receive the additional
service credit necessary for the fund member to retire at the lower
earliest retirement age.
(c) If a unit becomes a participant in the 1977 fund under
section 3(c) of this chapter, or if a firefighter becomes a member of
the 1977 fund under section 7(g) of this chapter after December 31,
2005, credit for prior service before the date of participation or
membership shall be given by the PERF board as follows:
(1) For a member who will accrue twenty (20) years of service
credit in the 1977 fund by the time the member reaches the
earliest retirement age under the fund at the time of the
member's date of participation in the 1977 fund, the member
will be given credit in the 1977 fund for one-third (1/3) of the
member's years of participation in PERF as a police officer,
a firefighter, or an emergency medical technician.
(2) For a member who will not accrue twenty (20) years of
service credit in the 1977 fund by the time the member
reaches the earliest retirement age under the fund at the time
of the member's date of participation in the 1977 fund, credit
for such prior service shall be given only if:
(A) The unit contributes to the 1977 fund the amount
necessary to fund prior service liability amortized over a
period of not more than ten (10) years. The amount of
contributions must be based on the actual salary of the
rank of the member at the time the unit becomes a
participant in the 1977 fund, or the firefighter becomes a
member of the 1977 fund. However, credit for prior service
is limited to the amount necessary to allow the firefighter
to accrue twenty (20) years of service credit in the 1977
fund by the time the firefighter reaches the earliest
retirement age under the 1977 fund at the time of the
member's date of participation in the 1977 fund. The limit
on credit for prior service does not apply if the firefighter
was a member of the 1937 fund or 1977 fund whose
participation was terminated due to the creation of a new
fire protection district under IC 36-8-11-5 and who
subsequently became a member of the 1977 fund. A
firefighter who was a member of or reentered the 1937
fund or 1977 fund whose participation was terminated due
to the creation of a new fire protection district under
IC 36-8-11-5 is entitled to full credit for prior service in an
amount equal to the firefighter's years of service before
becoming a member of or reentering the 1977 fund.
Service may only be credited for time as a full-time, fully
paid firefighter or as an emergency medical technician
under section 7(g) of this chapter.
(B) The amount the firefighter would have contributed if
the firefighter had been a member of the 1977 fund during
the firefighter's prior service must be fully paid and must
be based on the firefighter's actual salary earned during
that period before service can be credited under this
section.
(C) Any amortization schedule for contributions paid
under clause (A) and contributions to be paid under clause
(B) must include interest at a rate determined by the PERF
board.
(3) If, at the time a unit entered the 1977 fund, the unit
contributed the amount required by subdivision (2) so that a
fund member received the maximum prior service credit
allowed by subdivision (2) and, at a later date, the earliest
retirement age was lowered, the unit may contribute to the
1977 fund on the fund member's behalf an additional amount
that is determined in the same manner as under subdivision
(2) with respect to the additional prior service, if any,
available as a result of the lower retirement age. If the unit
pays the additional amount described in this subdivision in
accordance with the requirements of subdivision (2), the fund
member shall receive the additional service credit necessary
for the fund member to retire at the lower earliest retirement
age.
(d) This subsection applies to a unit that:
(1) becomes a participant in the 1977 fund under section 3(c) of
this chapter; and
(2) is a fire protection district created under IC 36-8-11 that
includes a township or a municipality that had a 1937 fund.
A firefighter who continues uninterrupted service with a unit covered
by this subsection and who participated in the township or municipality
1937 fund is entitled to receive service credit for such service in the
1977 fund. However, credit for such service is limited to the amount
accrued by the firefighter in the 1937 fund or the amount necessary to
allow the firefighter to accrue twenty (20) years of service credit in the
1977 fund by the time the firefighter becomes fifty-five (55) years of
age, whichever is less.
(d) (e) The unit shall contribute into the 1977 fund the amount
necessary to fund the amount of past service determined in accordance
with subsection (c), (d), amortized over a period not to exceed ten (10)
years with interest at a rate determined by the PERF board.
(e) (f) If the township or municipality has accumulated money in its
1937 fund, any amount accumulated that exceeds the present value of
all projected future benefits from the 1937 plan shall be paid by the
township or municipality to the unit for the sole purpose of making the
contributions determined in subsection (d). (e).
(f) (g) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the 1977 fund may accept, on behalf of a fund
member who is purchasing permissive service credit under this chapter,
a rollover of a distribution from any of the following:
(1) A qualified plan described in Section 401(a) or Section 403(a)
of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b) of
the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a political
subdivision of a state, or an agency or instrumentality of a state or
political subdivision of a state under Section 457(b) of the
Internal Revenue Code.
(4) An individual retirement account or annuity described in
Section 408(a) or Section 408(b) of the Internal Revenue Code.
(g) (h) To the extent permitted by the Internal Revenue Code and
the applicable regulations, the 1977 fund may accept, on behalf of a
fund member who is purchasing permissive service credit under this
chapter, a trustee to trustee transfer from any of the following:
(1) An annuity contract or account described in Section 403(b) of
the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section 457(b)
of the Internal Revenue Code.
date, if the member's DROP entry date is after December
31, 2005; and
(2) the member's years of service accrued on the member's DROP
entry date.