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, the monthly disability
retirement benefit may not be less than one hundred eighty dollars
($100). ($180).
(c) The member may have his the member's 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' retirement fund.
(g) If the fund is authorized to make, in the form of a single
check or a series of checks, a one (1) time distribution that does not
increase the pension portion of the monthly benefit, the
distribution must include members eligible for disability benefits.
A member eligible for disability benefits is required to meet all
additional requirements necessary to receive the check or series of
checks issued by the fund under this subsection.".