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HOUSE BILL No. 1156

Citations Affected: IC 36-8.

Synopsis: Police and firefighter death benefits. Increases from $9,000 to $12,000 the death benefit payable to the heirs or estates of active and retired members of the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund, and the 1977 police officers' and firefighters' pension and disability fund.

Effective: July 1, 2008.

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Tyler

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    January 14, 2008, read first time and referred to Committee on Ways and Means.

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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 this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning pensions.

SOURCE: IC 36-8-6-9.8; (08)IN1156.1.1. -->     SECTION 1. IC 36-8-6-9.8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9.8. (a) Benefits paid under this section are subject to section 1.5 of this chapter.
    (b) The 1925 fund shall be used to pay funeral benefits to the heirs or estate of an active or a retired member of the police department who has died from any cause, in an amount fixed by ordinance, but at least
        (1) one thousand five hundred dollars ($1,500) for a member who dies before September 1, 1984;
        (2) three thousand dollars ($3,000) for a member who dies after August 31, 1984, and before July 1, 1994;
        (3) six thousand dollars ($6,000) for a member who dies after June 30, 1994, and before January 1, 1999; and
        (4) nine thousand dollars ($9,000) for a member who dies after December 31, 1998.
twelve thousand dollars ($12,000).

SOURCE: IC 36-8-7-13; (08)IN1156.1.2. -->     SECTION 2. IC 36-8-7-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 13. (a) Benefits paid

under this section are subject to section 2.5 of this chapter.
    (b) Upon the death of a disabled, retired, or discharged member of the fire department who was receiving or entitled to receive a pension at the time of his the member's death, or upon the death of a member in active service at the time of his the member's death, the local board shall authorize and pay out of the 1937 fund at least
        (1) one thousand five hundred dollars ($1,500) for a member who dies before September 1, 1984;
        (2) three thousand dollars ($3,000) for a member who dies after August 31, 1984, and before July 1, 1994;
        (3) six thousand dollars ($6,000) for a member who dies after June 30, 1994, and before January 1, 1999; and
        (4) nine thousand dollars ($9,000) for a member who dies after December 31, 1998;
twelve thousand dollars ($12,000) as death benefits.
    (c) The death benefit described under this section shall be paid: to the following:
        (1) to the surviving spouse;
        (2) if there is no surviving spouse, to the surviving children; and
        (3) if there is no surviving spouse, and if there are no surviving children, to the estate;
of the deceased member and is in addition to other benefits paid to a member or survivor under this chapter.

SOURCE: IC 36-8-7.5-13.8; (08)IN1156.1.3. -->     SECTION 3. IC 36-8-7.5-13.8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 13.8. (a) Benefits paid under this section are subject to section 1.5 of this chapter.
    (b) The 1953 fund shall be used to pay twelve thousand dollars ($12,000) to the beneficiary or estate of a member of the fund, active or retired, who:
        (1) dies from any cause after having served for one (1) year or more as an active member of the police department; or
        (2) dies from any cause while in the actual discharge of his the member's duties as a police officer after having served less than one (1) year as an active member of the police department.
fifteen hundred dollars ($1,500) for a member who died before September 1, 1984, three thousand dollars ($3,000) for a member who dies after August 31, 1984, and before July 1, 1994, six thousand dollars ($6,000) for a member who dies after June 30, 1994, and before January 1, 1999, and nine thousand dollars ($9,000) for a member who dies after December 31, 1998. Any member of the fund may name a beneficiary to receive the amount provided for upon his the member's death by designating in writing in such form as is prescribed by the

local board and delivered to the board. The beneficiary may be changed from time to time by the member by canceling the designation and delivering a new designation to the local board. If the member makes no designation of beneficiary, the sum provided for shall be paid to the member's estate.

SOURCE: IC 36-8-8-16; (08)IN1156.1.4. -->     SECTION 4. IC 36-8-8-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 16. (a) Benefits paid under this section are subject to section 2.5 of this chapter.
    (b) The heirs or estate of a fund member is entitled to receive at least
        (1) one thousand five hundred dollars ($1,500) upon the fund member's death before September 1, 1984;
        (2) three thousand dollars ($3,000) upon the fund member's death after August 31, 1984, and before July 1, 1994;
        (3) six thousand dollars ($6,000) upon the fund member's death after June 30, 1994, and before January 1, 1999; and
        (4) nine thousand dollars ($9,000) upon the fund member's death after December 31, 1998.
twelve thousand dollars ($12,000) upon the fund member's death.

SOURCE: ; (08)IN1156.1.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2008] This act applies only to benefits payable with respect to a member of:
        (1) the 1925 police pension fund;
        (2) the 1937 firefighters' pension fund;
        (3) the 1953 police pension fund; or
        (4) the 1977 police officers' and firefighters' pension and disability fund;
who dies after June 30, 2008.