2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 8. PUBLIC SAFETY CHAPTER 8. 1977 POLICE OFFICERS' AND FIREFIGHTERS' PENSION AND DISABILITY FUND
Download as PDF
IC 36-8-8
Chapter 8. 1977 Police Officers' and Firefighters' Pension and
Disability Fund
IC 36-8-8-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as
follows:
(1) The addition of section 20 of this chapter by P.L.223-1986
applies only to fund members who die after March 10, 1986.
(2) The amendments made to section 10 of this chapter by
P.L.232-1997 apply only to members of the 1977 fund who
initially:
(A) become fifty-five (55) years of age; or
(B) retire;
after June 30, 1997.
(3) The amendments made to section 16 of this chapter by
P.L.28-2008 apply only to benefits payable with respect to a
member of the 1977 police officers' and firefighters' pension and
disability fund who dies after June 30, 2008.
(4) The amendments made to sections 12 and 13.5 of this
chapter by P.L.32-2009 and by P.L.34-2009 apply to a member
of the 1977 police officers' and firefighters' pension and
disability fund who:
(A) after June 30, 2009, receives a benefit based on a
determination that the member has a Class 1 or Class 2
impairment, regardless of whether the determination was
made before, on, or after June 30, 2009; and
(B) before July 1, 2009, has not had the member's disability
benefit recalculated under section 13.5 of this chapter (as the
section read before amendment by P.L.32-2009 and by
P.L.34-2009).
As added by P.L.220-2011, SEC.671.
IC 36-8-8-1
Application of chapter
Sec. 1. This chapter applies to:
(1) full-time police officers hired or rehired after April 30, 1977,
in all municipalities, or who converted their benefits under
IC 19-1-17.8-7 (repealed September 1, 1981);
(2) full-time fully paid firefighters hired or rehired after April
30, 1977, or who converted their benefits under IC 19-1-36.5-7
(repealed September 1, 1981);
(3) a police matron hired or rehired after April 30, 1977, and
before July 1, 1996, who is a member of a police department in
a second or third class city on March 31, 1996;
(4) a park ranger who:
(A) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at
the time the park ranger attended the Indiana law
enforcement academy or the law enforcement academy in
another state;
(B) graduated from the Indiana law enforcement academy or
a comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a
population of more than one hundred ten thousand (110,000)
but less than one hundred fifty thousand (150,000);
(5) a full-time fully paid firefighter who is covered by this
chapter before the effective date of consolidation and becomes
a member of the fire department of a consolidated city under
IC 36-3-1-6.1, provided that the firefighter's service as a
member of the fire department of a consolidated city is
considered active service under this chapter;
(6) except as otherwise provided, a full-time fully paid
firefighter who is hired or rehired after the effective date of the
consolidation by a consolidated fire department established
under IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter
before the effective date of consolidation and becomes a
member of the consolidated law enforcement department as part
of the consolidation under IC 36-3-1-5.1, provided that the
officer's service as a member of the consolidated law
enforcement department is considered active service under this
chapter; and
(8) except as otherwise provided, a full-time police officer who
is hired or rehired after the effective date of the consolidation by
a consolidated law enforcement department established under
IC 36-3-1-5.1;
except as provided by section 7 of this chapter.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990,
SEC.132; P.L.236-1996, SEC.4; P.L.43-1997, SEC.6; P.L.22-1998,
SEC.16; P.L.246-2001, SEC.16; P.L.227-2005, SEC.46;
P.L.119-2012, SEC.218.
IC 36-8-8-1.5
"Electronic funds transfer"
Sec. 1.5. As used in this chapter, "electronic funds transfer" has
the meaning set forth in IC 4-8.1-2-7(f).
As added by P.L.13-2011, SEC.15.
IC 36-8-8-2
"Employer"
Sec. 2. As used in this chapter, "employer" means:
(1) a municipality that established a 1925 or 1953 fund or that
participates in the 1977 fund under section 3 or 18 of this
chapter;
(2) a unit that established a 1937 fund or that participates in the
1977 fund under section 3 or 18 of this chapter;
(3) a consolidated city that consolidated the fire departments of
units that:
(A) established a 1937 fund; or
(B) participated in the 1977 fund;
before the units' consolidation into the fire department of a
consolidated city established by IC 36-3-1-6.1; or
(4) a consolidated city that establishes a consolidated law
enforcement department under IC 36-3-1-5.1.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.227-2005,
SEC.47.
IC 36-8-8-2.1
"Local board"
Sec. 2.1. (a) As used in this chapter, "local board" means the
following:
(1) For a unit that established a 1925 fund for its police officers,
the local board described in IC 36-8-6-2.
(2) For a unit that established a 1937 fund for its firefighters, the
local board described in IC 36-8-7-3.
(3) For a consolidated city that established a 1953 fund for its
police officers, the local board described in IC 36-8-7.5-2.
(4) For a unit, other than a consolidated city, that did not
establish a 1925 fund for its police officers or a 1937 fund for its
firefighters, the local board described in subsection (b) or (c).
(b) If a unit did not establish a 1925 fund for its police officers, a
local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(c) If a unit did not establish a 1937 fund for its firefighters, a
local board shall be composed in the same manner described in
IC 36-8-7-3(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
As added by P.L.236-1996, SEC.5.
IC 36-8-8-2.3
"System board"
Sec. 2.3. As used in this chapter, "system board" refers to the
board of trustees of the Indiana public retirement system established
by IC 5-10.5-3-1.
As added by P.L.35-2012, SEC.113.
IC 36-8-8-2.5
Qualification of 1977 fund under Internal Revenue Code
Sec. 2.5. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
(b) The 1977 fund shall satisfy the qualification requirements in
Section 401 of the Internal Revenue Code, as applicable to the 1977
fund. In order to meet those requirements, the 1977 fund is subject to
the following provisions, notwithstanding any other provision of this
chapter:
(1) The system board shall distribute the corpus and income of
the 1977 fund to members and their beneficiaries in accordance
with this chapter.
(2) No part of the corpus or income of the 1977 fund may be
used or diverted to any purpose other than the exclusive benefit
of the members and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits
any member would otherwise receive under this chapter.
(4) If the 1977 fund is terminated, or if all contributions to the
1977 fund are completely discontinued, the rights of each
affected member to the benefits accrued at the date of the
termination or discontinuance, to the extent then funded, are
nonforfeitable.
(5) All benefits paid from the 1977 fund shall be distributed in
accordance with the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations under that section.
In order to meet those requirements, the 1977 fund is subject to
the following provisions:
(A) The life expectancy of a member, the member's spouse,
or the member's beneficiary shall not be recalculated after the
initial determination, for purposes of determining benefits.
(B) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin
no later than December 31 of the calendar year immediately
following the calendar year in which the member died.
(C) The amount of an annuity paid to a member's beneficiary
may not exceed the maximum determined under the
incidental death benefit requirement of the Internal Revenue
Code.
(6) The system board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of members or beneficiaries;
in a manner that discriminates in favor of members who are
considered officers, supervisors, or highly compensated, as
prohibited under Section 401(a)(4) of the Internal Revenue
Code.
(7) Benefits paid under this chapter may not exceed the
maximum benefit specified by Section 415 of the Internal
Revenue Code.
(8) The salary taken into account under this chapter may not
exceed the applicable amount under Section 401(a)(17) of the
Internal Revenue Code.
(9) The trustee may not engage in a transaction prohibited by
Section 503(b) of the Internal Revenue Code.
As added by P.L.55-1989, SEC.61. Amended by P.L.35-2012,
SEC.114.
IC 36-8-8-2.6
Administration of fund
Sec. 2.6. The 1977 fund shall be administered in a manner that is
consistent with the Americans with Disabilities Act, to the extent
required by the Act.
As added by P.L.4-1992, SEC.43.
IC 36-8-8-3
Participation by units
Sec. 3. (a) If a town establishes a board of metropolitan police
commissioners, or if a town becomes a city, the municipality shall
participate in the 1977 fund. However, if a police officer or former
marshal is a member of the public employees' retirement fund, the
police officer or former marshal may continue as a member of that
fund instead of the 1977 fund. Notwithstanding the age requirements
under section 7(a) of this chapter, a police officer or former marshal
employed by a municipality at the time the municipality enters the
1977 fund under this section shall be a member of the 1977 fund
unless the police officer or former marshal elects to continue as a
member of the public employees' retirement fund. A person may
become a member of the 1977 fund under this subsection without
meeting the age limitation under section 7(a) of this chapter only if
the person satisfies:
(1) any aptitude, physical agility, or physical and mental
standards established by a local board under IC 36-8-3.2; and
(2) the minimum standards that are:
(A) adopted by the system board under section 19 of this
chapter; and
(B) in effect on the date the person becomes a member of the
1977 fund.
Credit for prior service of a person who becomes a member of the
1977 fund under this subsection shall be determined under section 18
or 18.1 of this chapter. No service credit beyond that allowed under
section 18 or 18.1 of this chapter may be recognized under the 1977
fund.
(b) If a unit did not establish a 1937 fund for its firefighters, the
unit may participate in the public employees' retirement fund or it
may participate in the 1977 fund. If a unit established a 1937 fund for
its firefighters, the unit is and shall remain a participant in the 1977
fund.
(c) A unit that:
(1) has not established a pension fund for its firefighters; or
(2) is participating in the public employees' retirement fund
under subsection (b);
may participate in the 1977 fund upon approval by the fiscal body,
notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977
fund under this subsection must comply with section 21 of this
chapter. However, if a firefighter is a member of the public
employees' retirement fund, the firefighter may continue as a member
of that fund instead of the 1977 fund.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.313-1989,
SEC.1; P.L.213-1995, SEC.6; P.L.236-1996, SEC.6; P.L.101-1998,
SEC.1; P.L.195-1999, SEC.32; P.L.35-2012, SEC.115.
IC 36-8-8-4
Fund established; managed by system board
Sec. 4. (a) There is established a police officers' and firefighters'
pension and disability fund to be known as the 1977 fund. The 1977
fund consists of fund member and employer contributions, plus the
earnings on them, to be used to make benefit payments to fund
members and their survivors in the amounts and under the conditions
specified in this chapter.
(b) The system board shall administer the 1977 fund, which may
be commingled for investment purposes with other funds
administered by the Indiana public retirement system. All actuarial
data shall be computed on the total membership of the fund, and the
cost of participation is the same for all employers in the fund. The
fund member and employer contributions shall be recorded separately
for each employer.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.201-1984,
SEC.1; P.L.342-1985, SEC.5; P.L.119-2000, SEC.8; P.L.23-2011,
SEC.27; P.L.35-2012, SEC.116.
IC 36-8-8-5
System board; powers and duties; appeals; personnel;
confidentiality of fund records
Sec. 5. (a) The system board shall:
(1) determine eligibility for and make payments of benefits,
except as provided in section 12 of this chapter;
(2) in accordance with the powers and duties granted it in
IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and
IC 5-10.5-5, administer the 1977 fund;
(3) provide by rule for the implementation of this chapter; and
(4) authorize deposits.
(b) A determination by the system board may be appealed under
the procedures in IC 4-21.5.
(c) The powers and duties of the director appointed by the system
board, the actuary of the system board, and the attorney general, with
respect to the 1977 fund, are those specified in IC 5-10.3-3,
IC 5-10.3-4, and IC 5-10.5.
(d) The system board may hire additional personnel, including
hearing officers, to assist it in the implementation of this chapter.
(e) The 1977 fund records of individual members and membership
information are confidential, except for the name and years of service
of a 1977 fund member.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.5-1988,
SEC.219; P.L.5-1990, SEC.21; P.L.94-2004, SEC.8; P.L.99-2010,
SEC.11; P.L.35-2012, SEC.117.
IC 36-8-8-6
Employer contributions
Sec. 6. (a) Each employer shall annually on March 31, June 30,
September 30, and December 31, for the calendar quarters ending on
those dates, or an alternate date established by the rules of the system
board, pay into the 1977 fund an amount determined by the system
board:
(1) for administration expenses; and
(2) sufficient to maintain level cost funding during the period of
employment on an actuarial basis for members hired after April
30, 1977.
(b) After December 31, 2011, each employer shall submit the
payments required by subsection (a) by electronic funds transfer.
(c) If an employer fails to make the payments required by
subsection (a) or fails to send the fund members' contributions
required by section 8(a) of this chapter, the amount payable, on
request of the system board, may be withheld by the auditor of state
from money payable to the employer and transferred to the fund. In
the alternative, the amount payable may be recovered in the circuit or
superior court of the county in which the employer is located, in an
action by the state on the relation of the system board, prosecuted by
the attorney general.
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1982,
P.L.33, SEC.39; P.L.13-2011, SEC.16; P.L.35-2012, SEC.118.
IC 36-8-8-7
Membership in fund; employment with second employer that
participates in fund
Revisor's Note: See IC 1-1-3.5-8 concerning the effective date of
this section as amended by P.L.119-2012, SEC.1.
Sec. 7. (a) Except as provided in subsections (d), (e), (f), (g), (h),
(k), (l), and (m):
(1) a police officer; or
(2) a firefighter;
who is less than thirty-six (36) years of age and who passes the
baseline statewide physical and mental examinations required under
section 19 of this chapter shall be a member of the 1977 fund and is
not a member of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977,
who is hired or rehired after April 30, 1977, may receive credit under
this chapter for service as a police officer or firefighter prior to entry
into the 1977 fund if the employer who rehires the police officer or
firefighter chooses to contribute to the 1977 fund the amount
necessary to amortize the police officer's or firefighter's prior service
liability over a period of not more than forty (40) years, the amount
and the period to be determined by the system board. If the employer
chooses to make the contributions, the police officer or firefighter is
entitled to receive credit for the police officer's or firefighter's prior
years of service without making contributions to the 1977 fund for
that prior service. In no event may a police officer or firefighter
receive credit for prior years of service if the police officer or
firefighter is receiving a benefit or is entitled to receive a benefit in
the future from any other public pension plan with respect to the prior
years of service.
(c) Except as provided in section 18 of this chapter, a police
officer or firefighter is entitled to credit for all years of service after
April 30, 1977, with the police or fire department of an employer
covered by this chapter.
(d) A police officer or firefighter with twenty (20) years of service
does not become a member of the 1977 fund and is not covered by
this chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7
(both of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7
(both of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1,
1979; and
(4) was made, before February 1, 1979, a member of a 1925,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before
May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7
(both of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit
after December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
If the police officer or firefighter is made a member of a 1925, 1937,
or 1953 fund, the police officer or firefighter is entitled to receive
credit for all the police officer's or firefighter's years of service,
including years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund
during the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's
jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in
the 1977 fund under this subsection is subject to sections 18 and 21
of this chapter.
(h) A police officer or firefighter does not become a member of
the 1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and
before July 1, 1996, who is a member of a police department in a
second or third class city on March 31, 1996, is a member of the 1977
fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred ten thousand (110,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation
under IC 36-3-1-5.1 or IC 36-3-1-6.1;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated
fire department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer
or firefighter provides law enforcement services or fire
protection services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the law
enforcement department or fire department of a consolidated
city; and
(3) after the consolidation, the police officer or firefighter
becomes an employee of the consolidated law enforcement
department or the consolidated fire department under
IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) A police officer or firefighter who is a member of the 1977
fund under subsection (k) or (l) may not be:
(1) retired for purposes of section 10 of this chapter; or
(2) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation.
(n) Notwithstanding any other provision of this chapter and
subject to subsection (o), a police officer or firefighter who:
(1) is an active member of the 1977 fund with an employer that
participates in the 1977 fund;
(2) separates from that employer; and
(3) not later than one hundred eighty (180) days after the date of
the separation described in subdivision (2), becomes employed
as a full-time police officer or firefighter with a second
employer that participates in the 1977 fund;
is a member of the 1977 fund without meeting for a second time the
age limitation under subsection (a) and the requirements under
sections 19 and 21 of this chapter. A police officer or firefighter to
whom this subsection applies is entitled to receive credit for all years
of 1977 fund covered service as a police officer or firefighter with all
employers that participate in the 1977 fund.
(o) The one hundred eighty (180) day limitation described in
subsection (n)(3) does not apply to a member of the 1977 fund who
is eligible for reinstatement under IC 36-8-4-11.
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981,
P.L.182, SEC.9; Acts 1982, P.L.33, SEC.40; P.L.365-1983, SEC.1;
P.L.202-1984, SEC.1; P.L.38-1986, SEC.6; P.L.55-1987, SEC.5;
P.L.3-1990, SEC.133; P.L.4-1990, SEC.18; P.L.4-1992, SEC.44;
P.L.2-1993, SEC.204; P.L.213-1995, SEC.7; P.L.236-1996, SEC.7;
P.L.43-1997, SEC.7; P.L.22-1998, SEC.17; P.L.246-2001, SEC.17;
P.L.227-2005, SEC.48; P.L.1-2006, SEC.575; P.L.35-2012,
SEC.119; P.L.119-2012, SEC.219; P.L.117-2013, SEC.1.
IC 36-8-8-7.2
Fire chief or police chief transfer of service credit to PERF
Sec. 7.2. (a) This section applies to an individual:
(1) who becomes a member of the 1977 fund under section 7(h)
of this chapter;
(2) whose appointment as a fire chief or police chief ends after
June 30, 2007; and
(3) who is not eligible to receive a benefit from the 1977 fund
at the end of the individual's appointment as a fire chief or
police chief.
(b) A fund member described in subsection (a) may elect:
(1) to receive the fund member's contributions to the 1977 fund
under section 8 of this chapter; or
(2) to transfer the fund member's service credit earned as a fire
chief or police chief to PERF under subsection (c).
(c) If a fund member makes the election described in subsection
(b)(2), the system board shall:
(1) grant to the fund member service credit in PERF for all
service earned as a fire chief or police chief in the 1977 fund;
and
(2) transfer from the 1977 fund to PERF:
(A) the fund member's contributions made during the fund
member's appointment as a fire chief or police chief to the
1977 fund; plus
(B) the present value of the unreduced benefit that would be
payable to the transferring fund member upon retirement
under section 10 of this chapter.
(d) The system board shall deposit the amounts transferred to
PERF under subsection (c) as follows:
(1) The fund member's contributions to the 1977 fund shall be
credited to the fund member's PERF annuity savings account.
(2) The present value of the unreduced benefit that would be
payable to the transferring fund member upon retirement under
section 10 of this chapter shall be credited to PERF's retirement
allowance account.
(e) For a fund member who makes the election described in
subsection (b)(2), all credit for service as a fire chief or police chief
in the 1977 fund is waived.
As added by P.L.180-2007, SEC.9. Amended by P.L.35-2012,
SEC.120.
IC 36-8-8-8
Employee contributions; lump sum withdrawal on termination of
employment
Sec. 8. (a) Each fund member shall contribute during the period of
the fund member's employment or for thirty-two (32) years,
whichever is shorter, an amount equal to six percent (6%) of the
salary of a first class patrolman or firefighter. 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 system board each year on March 31, June 30, September
30, and December 31, for the calendar quarters ending on those dates,
or an alternate date established by the rules of the system board, a
certified list of fund members and a warrant issued by the employer
for the total amount deducted for fund members' contributions.
(b) After December 31, 2011, an employer shall submit:
(1) the list described in subsection (a) in a uniform format
through a secure connection over the Internet or through other
electronic means specified by the system board; and
(2) the contributions paid by or on behalf of a member under
subsection (a) by electronic funds transfer.
(c) Except as provided in section 7(n) or 7.2 of this chapter, if a
fund member ends the fund member's employment other than by
death or disability before the fund member completes twenty (20)
years of active service, the system board shall return to the fund
member in a lump sum the fund member's contributions plus interest
at a rate specified by rule by the system board. If the fund member
returns to service, the fund member is entitled to credit for the years
of service for which the fund member's contributions were refunded
if the fund member repays the amount refunded to the fund member
in either a lump sum or a series of payments determined by the
system board.
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981,
P.L.182, SEC.10; P.L.312-1989, SEC.4; P.L.180-2007, SEC.10;
P.L.13-2011, SEC.17; P.L.16-2011, SEC.13; P.L.6-2012, SEC.251;
P.L.35-2012, SEC.121; P.L.117-2013, SEC.2.
IC 36-8-8-8.3
Purchase of military service credit
Sec. 8.3. (a) This section applies to a fund member who, after June
30, 2009, completes service for which the 1977 fund gives credit.
(b) A fund member may purchase not more than two (2) years of
service credit for the fund member's service on active duty in the
armed services if the fund member meets the following conditions:
(1) The fund member has at least one (1) year of credited
service in the fund.
(2) The fund member serves on active duty in the armed
services of the United States for at least six (6) months.
(3) The fund member receives an honorable discharge from the
armed services.
(4) Before the fund member retires, the fund member makes
contributions to the fund as follows:
(A) Contributions that are equal to the product of the
following:
(i) The salary of a first class patrolman or firefighter at the
time the fund member actually makes a contribution for the
service credit.
(ii) A rate, determined by the actuary of the 1977 fund, that
is based on the age of the fund member at the time the fund
member actually makes a contribution for service credit
and that is computed to result in a contribution amount that
approximates the actuarial present value of the retirement
benefit attributable to the service credit purchased.
(iii) The number of years of service credit the fund
member intends to purchase.
(B) Contributions for any accrued interest, at a rate
determined by the actuary of the 1977 fund, for the period
from the fund member's initial membership in the 1977 fund
to the date payment is made by the fund member.
(c) A fund member must have at least twenty (20) years of service
before a fund member may receive a benefit based on a service credit
purchased under this section. A fund member's years of service may
not exceed thirty-two (32) years with the inclusion of the service
credit purchased under this section.
(d) A fund member may not receive service credit under this
section:
(1) for service credit received under IC 36-8-5-7; or
(2) if the military service for which the fund member requests
credit also qualifies the fund member for a benefit in a military
or another governmental retirement system.
(e) A fund member who:
(1) terminates service before satisfying the eligibility
requirements necessary to receive a retirement benefit payment
from the 1977 fund; or
(2) receives a retirement benefit for the same service from
another retirement system, other than under the federal Social
Security Act;
may withdraw the fund member's contributions made under this
section plus accumulated interest after submitting to the fund a
properly completed application for a refund.
(f) The following apply to the purchase of service credit under this
section:
(1) The system board may allow a fund member to make
periodic payments of the contributions required for the purchase
of the service credit. The system board shall determine the
length of the period during which the payments must be made.
(2) The system board may deny an application for the purchase
of service credit if the purchase would exceed the limitations
under Section 415 of the Internal Revenue Code.
(3) A fund member may not claim the service credit for
purposes of determining eligibility or computing benefits unless
the fund member has made all payments required for the
purchase of the service credit.
(g) To the extent permitted by the Internal Revenue Code and
applicable regulations, the 1977 fund may accept, on behalf of a fund
member who is purchasing service credit under this section, 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 a 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 408(b) of the Internal Revenue Code.
(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 service credit under this section, 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.
As added by P.L.19-2009, SEC.1. Amended by P.L.35-2012,
SEC.122.
IC 36-8-8-8.5
Purchase of service credit in certain Indiana public retirement
funds
Sec. 8.5. (a) This section applies to a fund member who, after June
30, 2010, completes service for which the 1977 fund gives credit.
(b) As used in this section, "public retirement fund" refers to any
of the following, either singly or collectively:
(1) The public employees' retirement fund (IC 5-10.3).
(2) The Indiana state teachers' retirement fund (IC 5-10.4).
(3) The state excise police, gaming agent, gaming control
officer, and conservation enforcement officers' retirement fund
(IC 5-10-5.5).
(4) The state police pension trust (IC 10-12).
(5) A sheriff's pension trust (IC 36-8-10-12).
(c) Subject to this section, a fund member may purchase service
credit for the fund member's prior service in a position covered by a
public retirement fund.
(d) To purchase the service credit described in subsection (c), a
fund member must meet the following requirements:
(1) The fund member has at least one (1) year of creditable
service in the 1977 fund.
(2) The fund member has not attained vested status in and is not
an active member in the public retirement fund from which the
fund member is purchasing service credit.
(3) Before the fund member retires, the fund member makes
contributions to the 1977 fund as follows:
(A) Contributions that are equal to the product of the
following:
(i) The salary of a first class patrolman or firefighter at the
time the fund member actually makes a contribution for the
service credit.
(ii) A rate, determined by the actuary for the 1977 fund,
that is based on the age of the fund member at the time the
fund member actually makes a contribution for the service
credit and that is computed to result in a contribution
amount that approximates the actuarial present value of the
retirement benefit attributable to the service credit
purchased.
(iii) The number of years of service credit the fund
member intends to purchase.
(B) Contributions for any accrued interest, at a rate
determined by the actuary for the 1977 fund, for the period
from the fund member's initial membership in the 1977 fund
to the date payment is made by the fund member.
(e) At the request of the fund member purchasing service credit
under this section, the amount a fund member is required to
contribute under subsection (d)(3) may be reduced by a trustee to
trustee transfer from the public retirement fund in which the fund
member has an account that contains amounts attributable to member
contributions (plus any credited earnings) to the 1977 fund. The fund
member may direct the transfer of an amount only to the extent
necessary to fund the service purchase under subsection (d)(3). The
fund member shall complete any forms required by the public
retirement fund from which the fund member is requesting a transfer
or the 1977 fund before the transfer is made.
(f) A fund member must have at least twenty (20) years of service
in the 1977 fund before a fund member may receive a retirement
benefit based on service credit purchased under this section. A fund
member's years of service may not exceed thirty-two (32) years with
the inclusion of the service credit purchased under this section.
(g) A fund member who:
(1) terminates employment before satisfying the eligibility
requirements necessary to receive a retirement benefit payment
from the 1977 fund; or
(2) receives a retirement benefit for the same service from
another tax supported governmental retirement plan other than
the federal Social Security Act;
may withdraw the fund member's contributions made under this
section plus accumulated interest after submitting a properly
completed application for a refund to the 1977 fund.
(h) The following apply to the purchase of service credit under
this section:
(1) The system board may allow a fund member to make
periodic payments of the contributions required for the purchase
of the service credit. The system board shall determine the
length of the period during which the payments may be made.
(2) The system board may deny an application for the purchase
of service credit if the purchase would exceed the limitations
under Section 415 of the Internal Revenue Code.
(3) A fund member may not claim the service credit for
purposes of determining eligibility or computing benefits unless
the fund member has made all payments required for the
purchase of the service credit.
(i) To the extent permitted by the Internal Revenue Code and
applicable regulations, the 1977 fund may accept, on behalf of a fund
member who is purchasing service credit under this section, a
rollover of a distribution from any of the following:
(1) A qualified plan described in Section 401(a) or 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 a 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 408(b) of the Internal Revenue Code.
(j) To the extent permitted by the Internal Revenue Code and
applicable regulations, the 1977 fund may accept, on behalf of a fund
member who is purchasing service credit under this section, 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.
(k) The fund member's employer may pay all or a part of the fund
member's contributions required for the purchase of service credit
under this section. In that event, the actuary shall determine the
amortization, and subsections (g), (h)(1), (h)(3), and (i) do not apply.
As added by P.L.70-2010, SEC.1. Amended by P.L.35-2012,
SEC.123.
IC 36-8-8-8.8
Purchase of out-of-state service credit
Sec. 8.8. (a) This section applies to a fund member who, after June
30, 2010, completes service for which the 1977 fund gives credit.
(b) As used in this section, "out-of-state service" means service in
another state in a comparable position for which the fund member
would receive service credit in the 1977 fund if the service had been
performed in Indiana.
(c) Subject to subsections (d) through (g), a fund member may
purchase out-of-state service credit if the fund member meets the
following requirements:
(1) The fund member has at least one (1) year of credited
service in the 1977 fund.
(2) Before the fund member retires, the fund member makes
contributions to the 1977 fund as follows:
(A) Contributions that are equal to the product of the
following:
(i) The salary of a first class patrolman or firefighter at the
time the fund member makes a contribution for the service
credit.
(ii) A rate, determined by the actuary for the 1977 fund,
that is based on the age of the fund member at the time the
fund member makes a contribution for the service credit
and that is computed to result in a contribution amount that
approximates the actuarial present value of the retirement
benefit attributable to the service credit purchased.
(iii) The number of years of out-of-state service credit the
fund member intends to purchase.
(B) Contributions for any accrued interest, at a rate
determined by the actuary for the 1977 fund, for the period
from the fund member's initial membership in the 1977 fund
to the date payment is made by the fund member.
(3) The fund member has received verification from the 1977
fund that the out-of-state service is, as of the date payment is
made by the fund member, valid.
(d) A fund member must have at least twenty (20) years of service
before the fund member may receive a benefit based on service credit
purchased under this section. A fund member's years of service may
not exceed thirty-two (32) years with the inclusion of service credit
purchased under this section.
(e) A fund member may not receive service credit under this
section if the service for which the fund member requests credit also
qualifies the fund member for a benefit in another governmental
retirement system.
(f) A fund member who:
(1) terminates service before satisfying the eligibility
requirements necessary to receive a retirement benefit payment
from the 1977 fund; or
(2) receives a retirement benefit for the same service from
another retirement system, other than under the federal Social
Security Act;
may withdraw the fund member's contributions made under this
section plus accumulated interest after submitting to the 1977 fund a
properly completed application for a refund.
(g) The following apply to the purchase of service credit under
this section:
(1) The system board may allow a fund member to make
periodic payments of the contributions required for the purchase
of the service credit. The system board shall determine the
length of the period during which the payments must be made.
(2) The system board may deny an application for the purchase
of service credit if the purchase would exceed the limitations
under Section 415 of the Internal Revenue Code.
(3) The fund member may not claim the service credit for
purposes of determining eligibility or computing benefits unless
the fund member has made all payments required for the
purchase of the service credit.
(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 service credit under this section, 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 a 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 408(b) of the Internal Revenue Code.
(i) 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 service credit under this section, 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.
As added by P.L.88-2010, SEC.1. Amended by P.L.35-2012,
SEC.124.
IC 36-8-8-9
Conversion from prior fund
Sec. 9. (a) This section applies to all police officers and
firefighters who converted their benefits under IC 19-1-17.8-7 or
IC 19-1-36.5-7 (both of which were repealed September 1, 1981).
(b) A police officer or firefighter who converted his benefits from
a 1925, 1937, or 1953 fund to the benefits and conditions of this
chapter is not entitled to receive any benefits from the original fund.
However, he is entitled to credit for all years of service for which he
would have received credit before his conversion in that original
fund.
(c) A police officer or firefighter who:
(1) converted his benefits from a 1925, 1937, or 1953 fund;
(2) retired or became disabled on or before June 30, 1998; and
(3) is entitled to receive benefits provided under this chapter
based on the eligibility requirements of this chapter;
shall be treated as a member of this fund for purposes of paying his
benefits from the 1977 fund effective for benefits paid on or after
October 1, 1998. Prior to October 1, 1998, 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 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
six percent (6%) of the salary of a first class patrolman or firefighter
to the 1925, 1937, or 1953 fund. This amount shall be deducted from
his salary each pay period by the disbursing officer of the employer.
Contributions under this subsection may not be refunded.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990,
SEC.134; P.L.22-1998, SEC.18.
IC 36-8-8-10
Eligibility for retirement; initiation of benefits; election to receive
actuarially reduced benefits
Sec. 10. (a) A fund member is eligible for retirement after he has
completed twenty (20) years of active service.
(b) Unless the member is receiving benefits under subsection (c),
unreduced benefits to a retired fund member begin the date:
(1) the fund member becomes fifty-two (52) years of age; or
(2) on which the fund member retires;
whichever is later. Benefit payments to a retired fund member under
this subsection begin on the first day of the month on or after the date
he reaches fifty-two (52) years of age or on which he retires,
whichever is later.
(c) A retired member may elect to receive actuarially reduced
benefits that begin the date:
(1) the fund member becomes fifty (50) years of age; or
(2) on which the fund member retires;
whichever is later. Benefit payments to a retired fund member under
this subsection begin on the first day of the month on or after the day
the member reaches fifty (50) years of age or on which the member
retires, whichever is later.
(d) If a fund member:
(1) becomes fifty-two (52) years of age in the case of unreduced
benefits or fifty (50) years of age in the case of reduced benefits;
or
(2) retires on a date other than on the first day of the month;
the amount due the fund member for the initial partial monthly
benefit is payable together with the regular monthly benefit on the
first of the month following the date the fund member becomes
fifty-two (52) or fifty (50) years of age, respectively, or retires,
whichever is later.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.232-1997,
SEC.1; P.L.22-1998, SEC.19.
IC 36-8-8-11
Computation of retirement benefits; actuarially reduced benefits
Sec. 11. (a) Benefits paid under this section are subject to section
2.5 of this chapter.
(b) Except as provided in section 24.8 of this chapter, each fund
member who qualifies for a retirement benefit payment under section
10(b) of this chapter 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 the member's active service
plus:
(1) for a member who retires before January 1, 1986, two
percent (2%) of that salary for each full year of active service;
or
(2) for a member who retires after December 31, 1985, 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.
(c) Each fund member who qualifies for a retirement benefit
payment under section 10(c) of this chapter 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 the
member's 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.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.342-1985,
SEC.6; P.L.55-1989, SEC.62; P.L.22-1998, SEC.20; P.L.99-2010,
SEC.12; P.L.42-2011, SEC.84.
IC 36-8-8-11.5
Reemployment after retirement
Sec. 11.5. (a) Not less than thirty (30) days after a fund member
retires from a position covered by this chapter, the fund member may:
(1) be rehired by the same unit that employed the fund member
in a position covered by this chapter for a position not covered
by this chapter; and
(2) continue to receive the fund member's retirement benefit
under this chapter.
(b) This section may be implemented unless the system board
receives from the Internal Revenue Service a determination that
prohibits the implementation.
As added by P.L.130-2008, SEC.7. Amended by P.L.35-2012,
SEC.125.
IC 36-8-8-12
Benefits for members with covered impairments; retirement
benefits for members who have a disability and are less than 52
years old
Sec. 12. (a) Benefits paid under this section are subject to sections
2.5 and 2.6 of this chapter.
(b) If an active fund member has a covered impairment, as
determined under sections 12.3 through 13.1 of this chapter, the
member is entitled to receive the benefit prescribed by section 13.3
or 13.5 of this chapter. A member who has had a covered impairment
and returns to active duty with the department shall not be treated as
a new applicant seeking to become a member of the 1977 fund.
(c) If a retired fund member who has not yet reached the member's
fifty-second birthday is found by the system board to be permanently
or temporarily unable to perform all suitable work for which the
member is or may be capable of becoming qualified, the member is
entitled to receive during the disability the retirement benefit
payments payable at fifty-two (52) years of age. During a reasonable
period in which a fund member with a disability is becoming
qualified for suitable work, the member may continue to receive
disability benefit payments. However, benefits payable for disability
under this subsection are reduced by amounts for which the fund
member is eligible from:
(1) a plan or policy of insurance providing benefits for loss of
time because of disability;
(2) a plan, fund, or other arrangement to which the fund
member's employer has contributed or for which the fund
member's employer has made payroll deductions, including a
group life policy providing installment payments for disability,
a group annuity contract, or a pension or retirement annuity plan
other than the fund established by this chapter;
(3) the federal Social Security Act (42 U.S.C. 401 et seq.), the
Railroad Retirement Act (45 U.S.C. 231 et seq.), the United
States Department of Veterans Affairs, or another federal, state,
local, or other governmental agency;
(4) worker's compensation payable under IC 22-3; and
(5) a salary or wage, including overtime and bonus pay and
extra or additional remuneration of any kind, the fund member
receives or is entitled to receive from the member's employer.
For the purposes of this subsection, a retired fund member is
considered eligible for benefits from subdivisions (1) through (5)
whether or not the member has made application for the benefits.
(d) Notwithstanding any other law, a plan, policy of insurance,
fund, or other arrangement:
(1) delivered, issued for delivery, amended, or renewed after
April 9, 1979; and
(2) described in subsection (c)(1) or (c)(2);
may not provide for a reduction or alteration of benefits as a result of
benefits for which a fund member may be eligible from the 1977 fund
under subsection (c).
(e) Time spent receiving disability benefits, not to exceed twenty
(20) years, is considered active service for the purpose of determining
retirement benefits. A fund member's retirement benefit shall be
based on:
(1) the member's years of active service; plus
(2) if applicable, the period, not to exceed twenty (20) years,
during which the member received disability benefits.
(f) A fund member who is receiving disability benefits:
(1) under section 13.3(d) of this chapter; or
(2) based on a determination under this chapter that the fund
member has a Class 3 impairment;
shall be transferred from disability to regular retirement status when
the member becomes fifty-two (52) years of age.
(g) A fund member who is receiving disability benefits:
(1) under section 13.3(c) of this chapter; or
(2) based on a determination under this chapter that the fund
member has a Class 1 or Class 2 impairment;
is entitled to receive a disability benefit for the remainder of the fund
member's life in the amount determined under the applicable sections
of this chapter.
As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981,
P.L.182, SEC.11; P.L.28-1988, SEC.116; P.L.1-1989, SEC.73;
P.L.55-1989, SEC.63; P.L.311-1989, SEC.6; P.L.1-1991, SEC.211;
P.L.4-1992, SEC.45; P.L.213-1995, SEC.8; P.L.22-1998, SEC.21;
P.L.118-2000, SEC.23; P.L.62-2006, SEC.6; P.L.99-2007, SEC.219;
P.L.32-2009, SEC.1; P.L.34-2009, SEC.1; P.L.13-2011, SEC.18;
P.L.35-2012, SEC.126.
IC 36-8-8-12.3
Covered impairments; hearings; inclusions; Class 3 excludable
condition; determination
Sec. 12.3. (a) Upon a request from a fund member or from the
safety board of the appropriate police or fire department, the local
board shall conduct a hearing under section 12.7 of this chapter to
determine whether the fund member has a covered impairment.
(b) A covered impairment is an impairment that permanently or
temporarily makes a fund member unable to perform the essential
function of the member's duties, considering reasonable
accommodation to the extent required by the Americans with
Disabilities Act, with the police or fire department. However, a
covered impairment does not include an impairment:
(1) resulting from an intentionally self-inflicted injury or
attempted suicide while sane or insane;
(2) resulting from the fund member's commission or attempted
commission of a felony;
(3) that begins within two (2) years after a fund member's entry
or reentry into active service with the department and that was
caused or contributed to by a mental or physical condition that
manifested itself before the fund member entered or reentered
active service. Notwithstanding this subdivision, a fund member
may not be required to satisfy more than one (1) such two (2)
year period for the same mental or physical condition; or
(4) that is occasioned, in whole or in part, by the fund member
currently engaging (as defined in 29 CFR 1630.3, Appendix) in
any of the following:
(A) Use of a controlled substance (as defined in the
Controlled Substances Act (21 U.S.C. 812)).
(B) Unlawful use of a prescription drug.
(c) Notwithstanding subsection (b), this subsection applies to the
following:
(1) A fund member who is hired after March 1, 1992.
(2) A fund member who was admitted to the 1977 fund after
having been covered by another public pension plan as a police
officer or firefighter.
For a fund member who is determined by the system board to have
a Class 3 excludable condition under IC 36-8-8-13.6, a covered
impairment does not include an impairment that would be classified
as a Class 3 impairment that begins at any time after the fund
member's entry or reentry into active service with the department and
is related in any manner to the Class 3 excludable condition.
(d) If the local board determines that a covered impairment exists,
the chief of the police or fire department shall submit to the local
board written determinations of the following:
(1) Whether there is suitable and available work on the
appropriate department for which the fund member is or may be
capable of becoming qualified, considering reasonable
accommodation to the extent required by the Americans with
Disabilities Act.
(2) For a fund member covered by sections 12.5 and 13.5 of this
chapter, the fund member's years of service with the department.
As added by P.L.311-1989, SEC.7. Amended by P.L.4-1992, SEC.46;
P.L.213-1995, SEC.9; P.L.231-1997, SEC.5; P.L.35-2012, SEC.127.
IC 36-8-8-12.4
Election of coverage by IC 36-8-8-12.5 and IC 36-8-8-13.5
Sec. 12.4. A fund member who is hired for the first time before
January 1, 1990, may choose to be covered by sections 12.5 and 13.5
of this chapter (instead of section 13.3 of this chapter) if the fund
member files an election with the system board before January 1,
1991. However, an election may not be filed after the fund member
has a covered impairment. An election filed under this section is
irrevocable.
As added by P.L.311-1989, SEC.8. Amended by P.L.35-2012,
SEC.128.
IC 36-8-8-12.5
Determination of class of impairment
Sec. 12.5. (a) This section applies only to a fund member who:
(1) is hired for the first time after December 31, 1989;
(2) chooses coverage by this section and section 13.5 of this
chapter under section 12.4 of this chapter; or
(3) is described in section 12.3(c)(2) of this chapter.
(b) At the same hearing where the determination of whether the
fund member has a covered impairment is made, the local board shall
determine the following:
(1) Whether the fund member has a Class 1 impairment. A Class
1 impairment is a covered impairment that is the direct result of
one (1) or more of the following:
(A) A personal injury that occurs while the fund member is
on duty.
(B) A personal injury that occurs while the fund member is
off duty and is responding to:
(i) an offense or a reported offense, in the case of a police
officer; or
(ii) an emergency or reported emergency for which the
fund member is trained, in the case of a firefighter.
(C) An occupational disease (as defined in IC 22-3-7-10). A
covered impairment that is included within this clause and
subdivision (2) shall be considered a Class 1 impairment.
(D) A health condition caused by an exposure risk disease
that results in a presumption of disability or death incurred
in the line of duty under IC 5-10-13.
(2) Whether the fund member has a Class 2 impairment. A Class
2 impairment is a covered impairment that is:
(A) a duty related disease. A duty related disease means a
disease arising out of the fund member's employment. A
disease shall be 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
(B) a health condition caused by:
(i) an exposure related heart or lung disease;
(ii) an exposure related cancer; or
(iii) exposure related Parkinson's disease;
that results in a presumption of disability incurred in the line
of duty under IC 5-10-15.
(3) Whether the fund member has a Class 3 impairment. A Class
3 impairment is a covered impairment that is not a Class 1
impairment or a Class 2 impairment.
As added by P.L.311-1989, SEC.9. Amended by P.L.213-1995,
SEC.10; P.L.185-2002, SEC.11; P.L.62-2006, SEC.7; P.L.59-2009,
SEC.5.
IC 36-8-8-12.7
Hearings; notice; procedure; discovery; determinations; appeals;
records; determination whether disability in line of duty
Sec. 12.7. (a) This section applies to hearings conducted by local
boards concerning determinations of impairment under this chapter
or of disability under IC 36-8-5-2(g), IC 36-8-6, IC 36-8-7, and
IC 36-8-7.5.
(b) At least five (5) days before the hearing, the local board shall
give notice to the fund member and the safety board of the time, date,
and place of the hearing.
(c) The local board must hold a hearing not more than ninety (90)
days after the fund member requests the hearing.
(d) At the hearing, the local board shall permit the fund member
and the safety board to:
(1) be represented by any individual;
(2) through witnesses and documents, present evidence;
(3) conduct cross-examination; and
(4) present arguments.
(e) At the hearing, the local board shall require all witnesses to be
examined under oath, which may be administered by a member of the
local board.
(f) The local board shall, at the request of the fund member or the
safety board, issue:
(1) subpoenas;
(2) discovery orders; and
(3) protective orders;
in accordance with the Indiana Rules of Trial Procedure that govern
discovery, depositions, and subpoenas in civil actions.
(g) The local board shall have the hearing recorded so that a
transcript may be made of the proceedings.
(h) After the hearing, the local board shall make its
determinations, including findings of fact, in writing and shall
provide copies of its determinations to the fund member and the
safety board not more than thirty (30) days after the hearing.
(i) If the local board:
(1) does not hold a hearing within the time required under
subsection (c); or
(2) does not issue its determination within the time required
under subsection (h);
the fund member shall be considered to be totally impaired for
purposes of section 13.5 of this chapter and, if the issue before the
local board concerns the class of the member's impairment, the
member shall be considered to have a Class 1 impairment. The
system board shall review an impairment determined under this
subsection as provided in section 13.1 of this chapter.
(j) The local board may on its own motion issue:
(1) subpoenas;
(2) discovery orders; and
(3) protective orders;
in accordance with the Indiana Rules of Trial Procedure that govern
discovery, depositions, and subpoenas in civil actions.
(k) At the hearing, the local board may exclude evidence that is
irrelevant, immaterial, unduly repetitious, or excludable on the basis
of evidentiary privilege recognized by the courts.
(l) At the hearing, the local board may request the testimony of
witnesses and the production of documents.
(m) If a subpoena or order is issued under this section, the party
seeking the subpoena or order shall serve it in accordance with the
Indiana Rules of Trial Procedure. However, if the subpoena or order
is on the local board's own motion, the sheriff of the county in which
the subpoena or order is to be served shall serve it. A subpoena or
order under this section may be enforced in the circuit or superior
court of the county in which the subpoena or order is served.
(n) With respect to a hearing conducted for purposes of
determining disability under IC 36-8-6, IC 36-8-7, or IC 36-8-7.5, the
determination of the local board after a hearing is final and may be
appealed to the court.
(o) With respect to a hearing conducted for purposes of
determining impairment or class of impairment under this chapter, the
fund member may appeal the local board's determinations. An appeal
under this subsection:
(1) must be made in writing;
(2) must state the class of impairment and the degree of
impairment that is claimed by the fund member;
(3) must include a written determination by the chief of the
police or fire department stating that there is no suitable and
available work; and
(4) must be filed with the local board and the system board's
director no later than thirty (30) days after the date on which the
fund member received a copy of the local board's
determinations.
(p) To the extent required by the Americans with Disabilities Act,
the transcripts, records, reports, and other materials generated as a
result of a hearing, review, or appeal conducted to determine an
impairment under this chapter or a disability under IC 36-8-6,
IC 36-8-7, or IC 36-8-7.5 must be:
(1) retained in the separate medical file created for the member;
and
(2) treated as a confidential medical record.
(q) If a local board determines that a fund member described in
section 13.3(a) of this chapter has a covered impairment, the local
board shall also make a recommendation to the system board
concerning whether the covered impairment is an impairment
described in section 13.3(c) of this chapter or whether it is an
impairment described in section 13.3(d) of this chapter. The local
board shall forward its recommendation to the system board.
(r) The system board shall review the local board's
recommendation not later than forty-five (45) days after receiving the
recommendation and shall then issue an initial determination of
whether the disability is in the line of duty or not in the line of duty.
The system board shall notify the local board, the safety board, and
the fund member of its initial determination.
(s) The fund member, the safety board, or the local board may
object in writing to the system board's initial determination under
subsection (r) not later than fifteen (15) days after the initial
determination is issued. If a written objection is not filed, the system
board's initial determination becomes final. If a timely written
objection is filed, the system board shall issue a final determination
after a hearing. The final determination must be issued not later than
one hundred eighty (180) days after the date of receipt of the local
board's recommendation.
As added by P.L.311-1989, SEC.10. Amended by P.L.5-1990,
SEC.22; P.L.4-1992, SEC.47; P.L.22-1998, SEC.22; P.L.195-1999,
SEC.33; P.L.118-2000, SEC.24; P.L.29-2006, SEC.2; P.L.35-2012,
SEC.129.
IC 36-8-8-13
Repealed
(Repealed by P.L.1-1991, SEC.212.)
IC 36-8-8-13.1
Submission of determination of local board and safety board to
system director; medical examinations; initial determination;
objections; hearing; final order; appeals
Sec. 13.1. (a) If:
(1) the local board has determined under this chapter that a
covered impairment exists and the safety board has determined
that there is no suitable and available work within the
department, considering reasonable accommodation to the
extent required by the Americans with Disabilities Act; or
(2) the fund member has filed an appeal under section 12.7(o)
of this chapter;
the local board shall submit the local board's determinations and the
safety board's determinations to the system board's director.
(b) Whenever a fund member is determined to have an impairment
under section 12.7(i) of this chapter, the system board's director shall
initiate a review of the default award not later than sixty (60) days
after the director learns of the default award.
(c) After the system board's director receives the determinations
under subsection (a) or initiates a review under subsection (b), the
fund member must submit to an examination by a medical authority
selected by the system board. The authority shall determine if there
is a covered impairment. With respect to a fund member who is
covered by sections 12.5 and 13.5 of this chapter, the authority shall
determine the degree of impairment. The system board shall adopt
rules to establish impairment standards, such as the impairment
standards contained in the United States Department of Veterans
Affairs Schedule for Rating Disabilities. The report of the
examination shall be submitted to the system board's director. If a
fund member refuses to submit to an examination, the authority may
find that no impairment exists.
(d) The system board's director shall review the medical
authority's report and the local board's determinations and issue an
initial determination within sixty (60) days after receipt of the local
board's determinations. The system board's director shall notify the
local board, the safety board, and the fund member of the initial
determination. The following provisions apply if the system board's
director does not issue an initial determination within sixty (60) days
and if the delay is not attributable to the fund member or the safety
board:
(1) In the case of a review initiated under subsection (a)(1):
(A) the determinations of the local board and the chief of the
police or fire department are considered to be the initial
determination; and
(B) for purposes of section 13.5(d) of this chapter, the fund
member is considered to be totally impaired.
(2) In the case of an appeal submitted under subsection (a)(2),
the statements made by the fund member under section 12.7(o)
of this chapter are considered to be the initial determination.
(3) In the case of a review initiated under subsection (b), the
initial determination is the impairment determined under section
12.7(i) of this chapter.
(e) The fund member, the safety board, or the local board may
object in writing to the director's initial determination within fifteen
(15) days after the determination is issued. If no written objection is
filed, the initial determination becomes the final order of the system
board. If a timely written objection is filed, the system board shall
issue the final order after a hearing. Unless an administrative law
judge orders a waiver or an extension of the period for cause shown,
the final order shall be issued not later than one hundred eighty (180)
days after the date of receipt of the local board's determination or the
date the system board's director initiates a review under subsection
(b). The following provisions apply if a final order is not issued
within the time limit described in this subsection and if the delay is
not attributable to the fund member or the chief of the police or fire
department:
(1) In the case of a review initiated under subsection (a)(1):
(A) the determinations of the local board and the chief of the
police or fire department are considered to be the final order;
and
(B) for purposes of section 13.5(d) of this chapter, the fund
member is considered to be totally impaired.
(2) In the case of an appeal submitted under subsection (a)(2),
the statements made by the fund member under section 12.7(o)
of this chapter are considered to be the final order.
(3) In the case of a review initiated under subsection (b), the
impairment determined under section 12.7(i) of this chapter is
considered to be the final order.
(f) If the system board approves the director's initial
determination, then the system board shall issue a final order
adopting the initial determination. The local board and the chief of
the police or fire department shall comply with the initial
determination. If the system board does not approve the initial
determination, the system board may receive additional evidence on
the matter before issuing a final order.
(g) Appeals of the system board's final order may be made under
IC 4-21.5.
(h) The transcripts, records, reports, and other materials compiled
under this section must be retained in accordance with the procedures
specified in section 12.7(p) of this chapter.
As added by P.L.1-1991, SEC.213. Amended by P.L.4-1992, SEC.48;
P.L.195-1999, SEC.34; P.L.29-2006, SEC.3; P.L.13-2011, SEC.19;
P.L.23-2011, SEC.28; P.L.6-2012, SEC.252; P.L.35-2012, SEC.130.
IC 36-8-8-13.3
Disability benefits
Sec. 13.3. (a) This section applies only to a fund member who:
(1) is hired for the first time before January 1, 1990; and
(2) does not choose coverage by sections 12.5 and 13.5 of this
chapter under section 12.4 of this chapter.
This section does not apply to a fund member described in section
12.3(c)(2) of this chapter.
(b) A fund member:
(1) who became disabled before July 1, 2000;
(2) is determined to have a covered impairment; and
(3) for whom it is determined that there is no suitable and
available work within the fund member's department,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act;
is entitled to receive during the disability a benefit equal to the
benefit that the fund member would have received if the fund
member had retired. If the fund member with a disability does not
have at least twenty (20) years of service or is not at least fifty-two
(52) years of age, the benefit is computed and paid as if the fund
member had twenty (20) years of service and was fifty-two (52) years
of age.
(c) Except as otherwise provided in this subsection, a fund
member:
(1) who becomes disabled after July 1, 2000;
(2) who is determined to have a covered impairment 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 an emergency or
reported emergency for which the fund member is trained,
in the case of a firefighter; 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 or IC 5-10-15; and
(3) for whom it is determined that there is no suitable and
available work within the fund member's department,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act;
is entitled to receive during the disability a benefit equal to the
benefit that the fund member would have received if the fund
member had retired. If the fund member with a disability does not
have at least twenty (20) years of service or is not at least fifty-two
(52) years of age, the benefit is computed and paid as if the fund
member had twenty (20) years of service and was fifty-two (52) years
of age.
(d) Except as otherwise provided in this subsection, a fund
member:
(1) who becomes disabled after July 1, 2000;
(2) who is determined to have a covered impairment that is not
a covered impairment described in subsection (c)(2); and
(3) for whom it is determined that there is no suitable and
available work within the fund member's department,
considering reasonable accommodation to the extent required by
the federal Americans with Disabilities Act;
is entitled to receive during the disability a benefit equal to the
benefit that the fund member would have received if the fund
member had retired. If the fund member with a disability does not
have at least twenty (20) years of service or is not at least fifty-two
(52) years of age, the benefit is computed and paid as if the fund
member had twenty (20) years of service and was fifty-two (52) years
of age.
(e) 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 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.
As added by P.L.311-1989, SEC.12. Amended by P.L.4-1992,
SEC.49; P.L.213-1995, SEC.11; P.L.22-1998, SEC.23;
P.L.118-2000, SEC.25; P.L.62-2006, SEC.8; P.L.99-2007, SEC.220.
IC 36-8-8-13.4
Application with local board for recommendation of line of duty
disability; final determination by system board
Sec. 13.4. (a) This section applies only to a fund member or
survivor of a fund member who is receiving a disability benefit under
section 13.3(b) of this chapter.
(b) A fund member or survivor of a fund member described in
subsection (a) may file an application, in accordance with this
section, requesting a determination that:
(1) the member's covered impairment, as determined under
section 13.3(b) of this chapter, was:
(A) the direct result of:
(i) a personal injury that occurred while the fund member
was on duty;
(ii) a personal injury that occurred while the fund member
was off duty and was responding to an offense or a
reported offense, in the case of a police officer, or an
emergency or reported emergency for which the fund
member was trained, in the case of a firefighter; 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, which for purposes of this section,
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 or IC 5-10-15; or
(2) the member's covered impairment, as determined under
section 13.3(b) of this chapter, was not a covered impairment
described in subsection (b)(1).
The application must be filed with the local board that made the
determination of a covered impairment resulting in a disability
benefit under section 13.3(b) of this chapter. The application form
shall be prepared by the system board or its designee and be made
available to a fund member or survivor of a fund member described
in subsection (a) upon request.
(c) A fund member or survivor of a fund member who files an
application under this section has the burden of presenting sufficient
evidence to support a finding that the member's covered impairment,
as determined under section 13.3(b) of this chapter, satisfies the
standard provided in subsection (b)(1). Such evidence may include
any documents, materials, or other evidence provided in connection
with the original hearing and determination of a covered impairment
as determined under section 13.3(b) of this chapter, including any
transcript from that proceeding. A fund member or a survivor of a
fund member may include with an application any additional
probative evidence that is relevant to the determination under
subsection (b)(1). The local board may establish reasonable
procedures with respect to the application process and may engage a
medical authority to provide opinions relevant to making its
determination. The local board may hold a hearing with respect to an
application filed under this section if the fund member or survivor of
a fund member shows good cause that documents or other probative
evidence sufficient to make the showing required under this
subsection is not reasonably obtainable and that holding a hearing
would be reasonably likely to provide such probative evidence. If the
local board conducts a hearing, it shall be subject to the provisions of
section 12.7 of this chapter relating to the conduct of hearings on the
determinations of covered impairments under this chapter.
(d) The local board shall make its recommendation, including
findings of fact, in writing and shall provide copies of its
recommendation to the fund member or survivor of the fund member
and the system board not later than thirty (30) days after the:
(1) filing of the application, if no hearing is held; or
(2) hearing, if held.
(e) If the local board does not issue its recommendation within the
time required under subsection (d), the member's covered impairment
shall be considered to be a covered impairment described under
subsection (b)(1) for purposes of the local board's recommendation.
(f) The system board shall review the local board's
recommendation, or the considered recommendation under
subsection (e), not later than forty-five (45) days after receiving the
recommendation and shall then issue an initial determination of
whether the covered impairment is one described under subsection
(b)(1). The system board shall notify the local board and the fund
member or survivor of the fund member of its initial determination.
(g) The fund member or survivor of the fund member or the local
board may object in writing to the system board's initial
determination under subsection (f) not later than fifteen (15) days
after the initial determination is issued by filing an objection with the
system board. If a written objection is not filed, the system board's
initial determination becomes final. If a timely written objection is
filed, the system board shall issue a final determination after a
hearing. Unless an administrative law judge orders a waiver or an
extension of the period for cause shown, the final determination must
be issued not later than one hundred eighty (180) days after the date
of receipt of the local board's recommendation.
(h) If the system board fails to issue an initial determination within
forty-five (45) days after receiving the local board's recommendation,
the default determination on whether the covered impairment is one
described under subsection (b)(1) will be the determination made by
the system board's medical authority. An objection to this
determination may be filed in accordance with the provisions of
subsection (g).
(i) A determination that a member's covered impairment is one
described under subsection (b)(1) will apply only on a prospective
basis beginning on January 1 of the calendar year in which the
determination is made. The amount of the benefit will not be changed
as a result of this determination.
(j) A fund member or survivor of a fund member described in
subsection (a) must file an application under this section no later than
two (2) years after the date the system board notifies the fund
members and survivors described in subsection (a) that the board has
received a favorable ruling from the Internal Revenue Service. The
system board will provide notice of receipt of a favorable ruling
within thirty (30) days of its receipt.
(k) This section expires July 1, 2021.
As added by P.L.177-2011, SEC.2. Amended by P.L.35-2012,
SEC.131.
IC 36-8-8-13.5
Applicability to certain fund members; disability benefits for
classes of impairment
Sec. 13.5. (a) This section applies only to a fund member who:
(1) is hired for the first time after December 31, 1989;
(2) chooses coverage by this section and section 12.5 of this
chapter under section 12.4 of this chapter; or
(3) is described in section 12.3(c)(2) of this chapter.
(b) A fund member who is determined to have a Class 1
impairment and for whom it is determined that there is no suitable
and available work within the fund member's department, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act, is entitled to a monthly base benefit equal to
forty-five percent (45%) of the monthly salary of a first class
patrolman or firefighter in the year of the local board's determination
of impairment.
(c) A fund member who is determined to have a Class 2
impairment and for whom it is determined that there is no suitable
and available work within the fund member's department, considering
reasonable accommodation to the extent required by the Americans
with Disabilities Act, is entitled to a monthly base benefit equal to
twenty-two percent (22%) of the monthly salary of a first class
patrolman or firefighter in the year of the local board's determination
of impairment plus one-half percent (0.5%) of that salary for each
year of service, up to a maximum of thirty (30) years of service.
(d) For applicants hired before March 2, 1992, a fund member
who is determined to have a Class 3 impairment and for whom it is
determined that there is no suitable and available work within the
fund member's department, considering reasonable accommodation
to the extent required by the Americans with Disabilities Act, 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 a first class
patrolman or firefighter in the year of the local board's determination
of impairment.
(e) For applicants hired after March 1, 1992, or described in
section 12.3(c)(2) of this chapter, a fund member who is determined
to have a Class 3 impairment and for whom it is determined that there
is no suitable and available work within the fund member's
department, considering reasonable accommodation to the extent
required by the Americans with Disabilities Act, is entitled to the
following benefits instead of benefits provided under subsection (d):
(1) If the fund member did not have a Class 3 excludable
condition under section 13.6 of this chapter at the time the fund
member entered or reentered the fund, 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
a first class patrolman or firefighter 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;
the member is entitled to receive the benefits provided in
subdivision (1) with respect to the accidental injury. For
purposes of this subdivision, the local board shall make the
initial determination of whether an impairment is attributable to
an accidental injury. The local board shall forward the initial
determination to the director of the system board for a final
determination by the system board or the system board's
designee.
(f) If a fund member is entitled to a monthly base benefit under
subsection (b), (c), (d), or (e), the fund member is also entitled to a
monthly amount that is no less than ten percent (10%) and no greater
than forty-five percent (45%) of the monthly salary of a first class
patrolman or firefighter in the year of the local board's determination
of impairment. The additional monthly amount shall be determined
by the Indiana public retirement system medical authority based on
the degree of impairment.
(g) Benefits for a Class 1 impairment as determined under this
section are payable for the remainder of the fund member's life.
(h) Benefits for a Class 2 impairment are payable:
(1) for a period equal to the years of service of the member, if
the member's total disability benefit is 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 and the member has fewer than four (4) years of
service; or
(2) for the remainder of the fund member's life if the fund
member's benefit is:
(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
(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.
(i) Benefits for a Class 3 impairment are payable:
(1) for a period equal to the years of service of the member, if
the member's total disability benefit is 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 and the member has fewer than four (4) years of
service; or
(2) until the member becomes fifty-two (52) years of age if the
member's benefit is:
(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
(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.
(j) Upon becoming fifty-two (52) years of age, a fund member
with a Class 2 impairment determined under subsection (h)(1) 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 (including both active service and
the period, not to exceed twenty (20) years, during which the
member received disability benefits) 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.
(k) Upon becoming fifty-two (52) years of age, a fund member
who is receiving or has received a Class 3 impairment benefit that is:
(1) 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) 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;
is entitled to receive the retirement benefit payable to a fund member
with twenty (20) years of service.
(l) 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.
As added by P.L.311-1989, SEC.13. Amended by P.L.4-1992,
SEC.50; P.L.213-1995, SEC.12; P.L.22-1998, SEC.24; P.L.32-2009,
SEC.2; P.L.34-2009, SEC.2; P.L.35-2012, SEC.132.
IC 36-8-8-13.6
"Class 3 excludable condition"; rules; recording and retaining
listing of condition
Sec. 13.6. (a) As used in this chapter, "Class 3 excludable
condition" means a condition that is included on the list of excludable
medical conditions established by the system board under subsection
(b).
(b) The system board shall adopt rules to establish a list of
excludable medical conditions.
(c) To the extent required by the Americans with Disabilities Act,
the system board shall record and retain the listing of a fund
member's Class 3 excludable condition in the fund member's
confidential medical file.
As added by P.L.4-1992, SEC.51. Amended by P.L.23-2011, SEC.29.
IC 36-8-8-13.7
Review of member's impairment; hearing; costs of medical
examination
Sec. 13.7. (a) No more than once every twelve (12) months after
the final determination of covered impairment under this chapter:
(1) a petition for review of the fund member's impairment may
be filed with the local board by the fund member, the safety
board, or the system board; or
(2) the local board may on its own motion seek a review of a
fund member's impairment.
(b) The review may include a review of whether a covered
impairment continues to exist, whether the degree of impairment has
changed, and any other matter considered appropriate by the local
board.
(c) The local board shall conduct a hearing under section 12.7 of
this chapter to determine the matters raised in the petition for review.
The local board's determination shall be submitted to the system
board, and the procedures specified in section 13.1 of this chapter
apply.
(d) The costs of a medical examination required by the local board
shall be paid by the party who filed the petition for review.
As added by P.L.311-1989, SEC.14. Amended by P.L.1-1991,
SEC.214; P.L.35-2012, SEC.133.
IC 36-8-8-13.8
Members dying other than in line of duty after August 31, 1982
Sec. 13.8. (a) This section applies to an active or retired member
who dies other than in the line of duty (as defined in section 14.1 of
this chapter) after August 31, 1982.
(b) If a fund member dies 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 pay of a first class patrolman or first class
firefighter or fifty-five percent (55%) of the monthly benefit the
deceased member was receiving or was entitled to receive on the
date of the member's death as long as the mental or physical
incapacity of the child continues. Benefits paid for a child shall
be paid to the surviving parent as long as the child resides with
and is supported by the surviving parent. If the surviving parent
dies, the benefits shall be paid to the legal guardian of the child.
(2) The member's surviving spouse is entitled to a monthly
benefit equal to sixty percent (60%) of the fund member's
monthly benefit during the spouse's lifetime. If the spouse
remarried before September 1, 1983, and benefits ceased on the
date of remarriage, the benefits for the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the
surviving spouse.
If 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(c) 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. As used in this subsection, a
parent is wholly dependent on a fund member if the fund member
claimed the parent as a dependent on the federal income tax return
filed by the fund member in the year before the year in which the
fund member died.
(c) 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 (b). 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.
As added by P.L.118-2000, SEC.26. Amended by P.L.1-2007,
SEC.242; P.L.62-2010, SEC.1; P.L.23-2010, SEC.1.
IC 36-8-8-13.9
Members dying in line of duty before September 1, 1982
Sec. 13.9. (a) This section applies to an active member who died
in the line of duty (as defined in section 14.1 of this chapter) before
September 1, 1982.
(b) Except as otherwise provided in this subsection, if a fund
member dies in the line of duty, the following apply:
(1) Each of the member's surviving children is entitled to a
monthly benefit equal to twenty percent (20%) of the fund
member's monthly benefit:
(A) until the child becomes eighteen (18) years of age; or
(B) until the child becomes twenty-three (23) years of age if
the child is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university;
whichever period is longer. However, if the board finds upon
the submission of satisfactory proof that a child who is at least
eighteen (18) years of age is mentally or physically
incapacitated, is not a ward of the state, and is not receiving a
benefit under clause (B), the child is entitled to receive an
amount each month that is equal to the greater of thirty percent
(30%) of the monthly pay of a first class patrolman or first class
firefighter or fifty-five percent (55%) of the monthly benefit the
deceased member was receiving or was entitled to receive on the
date of the member's death as long as the mental or physical
incapacity of the child continues. Benefits paid for a child shall
be paid to the surviving parent as long as the child resides with
and is supported by the surviving parent. If the surviving parent
dies, the benefits shall be paid to the legal guardian of the child.
(2) The member's surviving spouse is entitled to a monthly
benefit equal to sixty percent (60%) of the fund member's
monthly benefit during the spouse's lifetime. If the spouse
remarried before September 1, 1983, and benefits ceased on the
date of remarriage, the benefits for the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the
surviving spouse.
If there is no surviving eligible child or spouse, and there is proof
satisfactory to the local board, subject to review in the manner
specified in section 13.1(c) 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. As used in this subsection, a
parent is wholly dependent on a fund member if the fund member
claimed the parent as a dependent on the federal income tax return
filed by the fund member in the year before the year in which the
fund member died.
(c) If the fund member did not have at least twenty (20) years of
service or was not at least fifty-two (52) years of age, the benefit
under subsection (b) is computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(d) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for coverage under
subdivision (1), (2), or (3).
As added by P.L.118-2000, SEC.27. Amended by P.L.86-2003,
SEC.8; P.L.1-2007, SEC.243; P.L.62-2010, SEC.2; P.L.23-2010,
SEC.2.
IC 36-8-8-14
Repealed
(Repealed by P.L.50-1984, SEC.13.)
IC 36-8-8-14.1
Members dying in line of duty after August 31, 1982
Sec. 14.1. (a) Benefits paid under this section are subject to
section 2.5 of this chapter.
(b) This section applies to an active member who dies in the line
of duty after August 31, 1982.
(c) If a fund member dies in the line of duty after August 31, 1982,
the member's surviving spouse is entitled to a monthly benefit during
the spouse's lifetime, equal to the benefit to which the member would
have been entitled on the date of the member's death, but not less than
the benefit payable to a member with twenty (20) years service at
fifty-two (52) years of age. If the spouse remarried before September
1, 1983, and benefits ceased on the date of remarriage, the benefits
for the surviving spouse shall be reinstated on July 1, 1997, and
continue during the life of the surviving spouse.
(d) If a fund member dies in the line of duty, each of the member's
surviving children is entitled to a monthly benefit equal to twenty
percent (20%) of the fund member's monthly benefit:
(1) until the child reaches eighteen (18) years of age; or
(2) until the child reaches twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least eighteen
(18) years of age is mentally or physically incapacitated, is not a
ward of the state, and is not receiving a benefit under subdivision (2),
the child is entitled to receive an amount each month that is equal to
the greater of thirty percent (30%) of the monthly pay of a first class
patrolman or first class firefighter or fifty-five percent (55%) of the
monthly benefit the deceased member was receiving or was entitled
to receive on the date of the member's death as long as the mental or
physical incapacity of the child continues. Benefits paid for a child
shall be paid to the surviving parent as long as the child resides with
and is supported by the surviving parent. If the surviving parent dies,
the benefits shall be paid to the legal guardian of the child.
(e) If there is no surviving eligible child or spouse, and there is
proof satisfactory to the local board, subject to review in the manner
specified in section 13.1(c) 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. As used in this subsection, a
parent is wholly dependent on a fund member if the fund member
claimed the parent as a dependent on the federal income tax return
filed by the fund member in the year before the year in which the
fund member died.
(f) If the fund member did not have at least twenty (20) years of
service or was not at least fifty-two (52) years old, the benefit is
computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(g) For purposes of this section, "dies in the line of duty" means
death that occurs as a direct result of personal injury or illness caused
by incident, accident, or violence that results from:
(1) any action that the member, in the member's capacity as a
police officer:
(A) is obligated or authorized by rule, regulation, condition
of employment or service, or law to perform; or
(B) performs in the course of controlling or reducing crime
or enforcing the criminal law; or
(2) any action that the member, in the member's capacity as a
firefighter:
(A) is obligated or authorized by rule, regulation, condition
of employment or service, or law to perform; or
(B) performs while on the scene of an emergency run
(including false alarms) or on the way to or from the scene.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school
or is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered
by the unit to active members, the health insurance provided to a
surviving spouse and child under this subsection must be equal in
coverage to that offered to active members. The offer to provide and
pay for health insurance coverage shall remain open for as long as
there is a surviving spouse or as long as a natural child, stepchild, or
adopted child of the member is eligible for coverage under
subdivision (1), (2), or (3).
As added by P.L.50-1984, SEC.14. Amended by P.L.196-1988,
SEC.4; P.L.1-1989, SEC.74; P.L.55-1989, SEC.64; P.L.1-1993,
SEC.247; P.L.52-1993, SEC.6; P.L.197-1993, SEC.6; P.L.1-1994,
SEC.180; P.L.25-1994, SEC.11; P.L.231-1997, SEC.6; P.L.40-1997,
SEC.9; P.L.22-1998, SEC.25; P.L.195-1999, SEC.35; P.L.118-2000,
SEC.28; P.L.62-2002, SEC.4; P.L.185-2002, SEC.12; P.L.86-2003,
SEC.9; P.L.1-2007, SEC.244; P.L.62-2010, SEC.3; P.L.23-2010,
SEC.3.
IC 36-8-8-15
Cost of living adjustment
Sec. 15. Each year the system board shall determine if there has
been an increase or decrease in the consumer price index (United
States city average) prepared by the United States Department of
Labor by comparing the arithmetic mean of the consumer price index
for January, February, and March of that year with the arithmetic
mean for the same three (3) months of the preceding year. If there has
been an increase, or a decrease, it shall be stated as a percentage of
the arithmetic mean for the preceding three (3) month period. The
percentage shall be rounded to the nearest one-tenth of one percent
(0.1%) and may not exceed three percent (3%). If there is a
percentage increase of the arithmetic mean for the preceding three (3)
month period, a fund member's or survivor's monthly benefit,
beginning with the July payment, shall be increased by an amount
equal to the June payment times the percentage increase. However,
a fund member's or survivor's monthly benefit may not be increased
under this section until July of the year following the year of the first
monthly benefit payment to the fund member or survivor. In
computing a fund member's benefit, the increase is based only on
those years for which the fund member was eligible for benefit
payments under this chapter. A monthly benefit may not be reduced
if there is a percentage decrease of the arithmetic mean for the
preceding three (3) month period.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.99-2010,
SEC.13; P.L.35-2012, SEC.134.
IC 36-8-8-16
Lump sum death benefit
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 twelve thousand dollars ($12,000) upon the fund member's
death.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.200-1984,
SEC.6; P.L.55-1989, SEC.65; P.L.311-1989, SEC.15; P.L.169-1994,
SEC.5; P.L.49-1998, SEC.8; P.L.28-2008, SEC.4.
IC 36-8-8-17
Benefits exempt from judicial process; transfer prohibited; rollover
to eligible retirement plan
Sec. 17. (a) The benefits of this chapter are exempt from
attachment and garnishment and may not be seized, taken, or levied
upon by any execution or process.
(b) Except as provided in subsection (c) and section 17.2 of this
chapter, a person receiving a benefit under this chapter may not
transfer, assign, or sell the benefit.
(c) Notwithstanding any other provision of this chapter, to the
extent required by Internal Revenue Code Section 401(a)(31), as
added by the Unemployment Compensation Amendments of 1992
(P.L.102-318), and any amendments and regulations related to
Section 401(a)(31), the 1977 fund shall allow participants and
qualified beneficiaries to elect a direct rollover of eligible
distributions to another eligible retirement plan.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.10-1993,
SEC.19; P.L.183-2003, SEC.2.
IC 36-8-8-17.2
Voluntary benefit deductions
Sec. 17.2. (a) Notwithstanding any other provision of this chapter,
a person receiving a disability, retirement, or survivor monthly
benefit under this chapter may, after June 30, 2004, authorize the
system board to make a deduction from the benefit.
(b) An authorization for a deduction from a disability, retirement,
or survivor monthly benefit paid under this chapter is valid only if all
the following requirements are met:
(1) The authorization is:
(A) in writing;
(B) signed personally by the person receiving the benefit;
(C) revocable at any time by the person receiving the benefit
upon written notice to the system board; and
(D) agreed to in writing by the system board.
(2) An executed copy of the authorization is delivered to the
system board within ten (10) days after its execution.
(3) The deduction is made for a purpose described in subsection
(c).
(c) A deduction under this section may be made for the purpose of
paying any of the following:
(1) A premium on a policy of insurance for medical, surgical,
hospitalization, dental, vision, long term care, or Medicare
supplement coverage offered to retired fund members by the
fund member's former employer, the state, or the system board.
(2) A pledge or contribution to a charitable or nonprofit
organization.
(3) Dues payable by the person receiving the benefit to a labor
organization of which the person is a member.
As added by P.L.183-2003, SEC.3. Amended by P.L.35-2012,
SEC.135.
IC 36-8-8-18
Credit for service prior to participation in 1977 fund; rollover
distributions; trustee to trustee transfers
Sec. 18. (a) Except as provided in subsection (b), if a unit becomes
a participant in the 1977 fund, credit for prior service by police
officers (including prior service as a full-time, fully paid town
marshal or full-time, fully paid deputy town marshal by a police
officer employed by a metropolitan board of police commissioners)
or by firefighters before the date of participation may be given by the
system board only if:
(1) the unit contributes to the 1977 fund the amount necessary
to amortize prior service liability over a period of not more than
forty (40) years, the amount and period to be determined by the
system board; and
(2) the police officers or firefighters pay, either in a lump sum
or in a series of payments determined by the system board, the
amount that they would have contributed if they had been
members of the 1977 fund during their prior service.
If the requirements of subdivisions (1) and (2) are not met, a fund
member is entitled to credit only for years of service after the date of
participation.
(b) 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, credit for prior service before
the date of participation or membership shall be given by the system
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, 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 earned by a
first class firefighter at the time the unit becomes a
participant in the 1977 fund, or the firefighter becomes a
member of the 1977 fund, or if no such salary designation
exists, the actual salary earned by the firefighter. 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 system 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.
(c) 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-two (52) years of age, whichever is less.
(d) The unit shall contribute into the 1977 fund the amount
necessary to fund the amount of past service determined in
accordance with subsection (c), amortized over a period not to exceed
ten (10) years with interest at a rate determined by the system board.
(e) 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).
(f) 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) 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.
As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.313-1989,
SEC.2; P.L.4-1990, SEC.19; P.L.149-1992, SEC.1; P.L.101-1998,
SEC.2; P.L.49-1998, SEC.9; P.L.61-2002, SEC.17; P.L.148-2007,
SEC.2; P.L.13-2011, SEC.20; P.L.35-2012, SEC.136.
IC 36-8-8-18.1
1977 fund participants previously covered in PERF or firefighters
participating in 1977 fund; minimum benefit; transfer of
contributions; reduction of contributions; credit for prior service
Sec. 18.1. (a) As used in this section, "police officer" includes a
former full-time, fully paid town marshal or full-time, fully paid
deputy town marshal who is employed as a police officer by a
metropolitan board of police commissioners.
(b) If a unit becomes a participant in the 1977 fund and the unit
previously covered police officers, firefighters, or emergency medical
technicians in PERF, or if the employees of the unit become members
of the 1977 fund under section 7(g) of this chapter, the following
provisions apply:
(1) A minimum benefit applies to members electing to transfer
or being transferred to the 1977 fund from PERF. The minimum
benefit, payable at age fifty-two (52), for such a member equals
the actuarial equivalent of the vested retirement benefit payable
to the member upon normal retirement under IC 5-10.2-4-1 as
of the day before the transfer, based solely on:
(A) creditable service;
(B) the average of the annual compensation; and
(C) the amount credited to the annuity savings account;
of the transferring member as of the day before the transfer
under IC 5-10.2 and IC 5-10.3.
(2) The system board shall transfer from PERF to the 1977 fund
the amount credited to the annuity savings accounts and the
present value of the retirement benefits payable at age sixty-five
(65) attributable to the transferring members.
(3) The amount the unit and the member must contribute to the
1977 fund under section 18 of this chapter, if any service credit
is to be given under that section, will be reduced by the amounts
transferred to the 1977 fund by the system board under
subdivision (2).
(4) Credit for prior service in PERF of a member as a police
officer, a firefighter, or an emergency medical technician is
waived in PERF. Any credit for that service under the 1977 fund
shall only be given in accordance with section 18 of this
chapter.
(5) Credit for prior service in PERF of a member, other than as
a police officer, a firefighter, or an emergency medical
technician, remains in PERF and may not be credited under the
1977 fund.
As added by P.L.4-1990, SEC.20. Amended by P.L.1-1991, SEC.215;
P.L.101-1998, SEC.3; P.L.13-2011, SEC.21; P.L.35-2012, SEC.137.
IC 36-8-8-19
Baseline statewide physical and mental examinations
Sec. 19. (a) The baseline statewide physical examination required
by section 7(a) of this chapter shall be prescribed by the system board
and shall be administered by the appointing authority, as determined
by the local board, after the appointing authority extends a
conditional offer for employment. The baseline statewide physical
examination shall be administered by a licensed physician and must
include all of the following:
(1) A general medical history.
(2) The tests identified in rules that shall be adopted by the
system board.
(b) The system board shall adopt minimum standards by rule that
a police officer or firefighter must meet for the baseline statewide
physical examination described in subsection (a). The baseline
statewide physical examination and related standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before
January 1, 2015, and every five (5) years thereafter.
(c) The system board shall, in consultation with the commissioner
of mental health, select the baseline statewide mental examination
described in section 7(a) of this chapter. The standards for passing the
baseline statewide mental examination shall be determined by the
local board. The baseline statewide mental examination and related
standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before
January 1, 2015, and every five (5) years thereafter.
The purpose of the baseline statewide mental examination is to
determine if the police officer or firefighter is mentally suitable to be
a member of the department. The local board may designate a
community mental health center or a managed care provider (as
defined in IC 12-7-2-127(b)), a hospital, a licensed physician, or a
licensed psychologist to administer the examination. However, the
results of a baseline statewide mental examination shall be interpreted
by a licensed physician or a licensed psychologist.
(d) The employer shall pay for no less than one-half (1/2) the cost
of the examinations.
(e) Each local board shall name the physicians who will conduct
the examinations under this section.
(f) If a local board determines that a candidate passes the local
physical and mental standards, if any, established under
IC 36-8-3.2-6, the baseline statewide physical examination described
in subsection (a), and the baseline statewide mental examination
described in subsection (c), the local board shall send the following
to the Indiana public retirement system:
(1) Copies and certification of the results of the baseline
statewide physical examination described in subsection (a).
(2) Certification of the results of the physical agility
examination required under IC 36-8-3.2-3 or IC 36-8-3.2-3.5.
(3) Certification of the results of the baseline statewide mental
examination described in subsection (c).
(g) The system board or the system board's designee shall then
determine whether the candidate passes the baseline statewide
physical standards adopted under subsection (b). If the candidate
passes the baseline statewide standards, the system board or the
system board's designee shall also determine whether the candidate
has a Class 3 excludable condition under section 13.6 of this chapter.
The system board or the system board's designee shall retain the
results of the examinations and all documents related to the
examination until the police officer or firefighter retires or separates
from the department.
(h) To the extent required by the federal Americans with
Disabilities Act, the system board shall do the following:
(1) Treat the medical transcripts, reports, records, and other
material compiled under this section as confidential medical
records.
(2) Keep the transcripts, reports, records, and material described
in subdivision (1) in separate medical files for each member.
(i) A local board may, at the request of an appointing authority or
on the local board's own motion, issue subpoenas, discovery orders,
and protective orders in accordance with the Indiana Rules of Trial
Procedure to facilitate the receipt of accurate and original documents
necessary for the proper administration of this chapter. A subpoena
or order issued under this subsection:
(1) must be served in accordance with the Indiana Rules of Trial
Procedure; and
(2) may be enforced in the circuit or superior court with
jurisdiction for the county in which the subpoena or order is
served.
As added by P.L.365-1983, SEC.2. Amended by P.L.202-1984,
SEC.2; P.L.342-1985, SEC.8; P.L.4-1992, SEC.52; P.L.40-1994,
SEC.82; P.L.99-2010, SEC.14; P.L.23-2011, SEC.30; P.L.6-2012,
SEC.253.
IC 36-8-8-20
Special lump sum death benefit in addition to other benefits
Sec. 20. (a) As used in this section, "dies in the line of duty" has
the meaning set forth in section 14.1 of this chapter.
(b) Benefits paid under this section are subject to section 2.5 of
this chapter.
(c) A special death benefit of seventy-five thousand dollars
($75,000) for a fund member who dies in the line of duty before
January 1, 1998, and one hundred fifty thousand dollars ($150,000)
for a fund member who dies in the line of duty after December 31,
1997, shall be paid in a lump sum by the Indiana public retirement
system from the pension relief fund established under IC 5-10.3-11
to the following relative of a fund member who dies in the line of
duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (to
be shared equally).
(3) If there is no surviving spouse and there are no surviving
children, to the parent or parents in equal shares.
(d) The benefit provided by this section is in addition to any other
benefits provided under this chapter.
As added by P.L.223-1986, SEC.4. Amended by P.L.55-1989,
SEC.66; P.L.225-1991, SEC.4; P.L.53-1993, SEC.5; P.L.49-1998,
SEC.10; P.L.35-2012, SEC.138.
IC 36-8-8-21
1977 fund members; age limitation; aptitude, physical agility, and
physical and mental standards; credit for prior service
Sec. 21. (a) This section applies to firefighters who:
(1) are employed by units that become participants in the 1977
fund under section 3(c) of this chapter; or
(2) become members of the 1977 fund under section 7(g) of this
chapter.
(b) A firefighter may become a member of the 1977 fund without
meeting the age limitation under section 7(a) of this chapter if the
firefighter satisfies:
(1) any aptitude, physical agility, or physical and mental
standards established by a local board under IC 36-8-3.2; and
(2) the minimum standards that are:
(A) adopted by the system board under section 19 of this
chapter; and
(B) in effect on the date the firefighter becomes a member of
the 1977 fund.
(c) Credit for prior service of a firefighter who becomes a member
of the 1977 fund under this section shall be determined under section
18 or 18.1 of this chapter. No service credit beyond that allowed
under section 18 or 18.1 of this chapter may be recognized under the
1977 fund.
As added by P.L.313-1989, SEC.3. Amended by P.L.4-1990, SEC.21;
P.L.4-1992, SEC.53; P.L.35-2012, SEC.139.
IC 36-8-8-22
Selection of administrative law judge
Sec. 22. Nothing in this chapter limits the discretion of the system
board to select an administrative law judge under IC 4-21.5-3-9.
As added by P.L.311-1989, SEC.16. Amended by P.L.35-2012,
SEC.140.
IC 36-8-8-23
Disability retiree supplemental benefit
Sec. 23. (a) This section applies to a fund member who:
(1) after June 30, 2009, receives a benefit based on a
determination that the member has a Class 1 or Class 2
impairment, regardless of whether the determination was made
before, on, or after June 30, 2009; and
(2) before July 1, 2009, has not had the member's disability
benefit recalculated under section 13.5 of this chapter.
(b) Upon becoming fifty-two (52) years of age, a fund member
receiving a Class 1 impairment benefit or Class 2 impairment benefit
under section 13.5(h)(2) of this chapter is entitled to receive a
monthly supplemental benefit determined in STEP THREE of the
following formula:
STEP ONE: Determine the greater of:
(A) the monthly retirement benefit payable to a fund member
with twenty (20) years of service; or
(B) the monthly retirement benefit payable to a fund member
with the total years of service (including both active service
and the period, not to exceed twenty (20) years, during
which the member received disability benefits) and salary, as
of the year the fund 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.
STEP TWO: Subtract from the amount determined under STEP
ONE the amount of any monthly benefit determined under
section 13.5 of this chapter that the fund member is entitled to
receive for the remainder of the fund member's life.
STEP THREE: Determine the greater of the following:
(A) The remainder determined under STEP TWO.
(B) Zero (0).
(c) A monthly supplemental benefit determined under this section
is payable for the remainder of the fund member's life.
As added by P.L.32-2009, SEC.3; P.L.34-2009, SEC.3.
IC 36-8-8-24
Beneficiary designation
Sec. 24. (a) A fund member may designate one (1) or more
beneficiaries to receive in a lump sum the fund member's
contributions plus interest at a rate determined by the system board
if the fund member dies:
(1) without receiving a retirement benefit under sections 10 and
11 of this chapter;
(2) without receiving a disability benefit under section 13.3 or
13.5 of this chapter;
(3) without a survivor entitled to receive a benefit under section
13.8, 13.9, or 14.1 of this chapter; and
(4) without the system board returning the fund member's
contributions under section 8 of this chapter.
(b) A fund member who chooses to designate one (1) or more
beneficiaries under this section shall file the fund member's
designation with the system board on a form prescribed by the system
board.
(c) The system board shall adopt rules to allow a fund member
who designates more than one (1) beneficiary to allocate the
contributions and interest paid in percentage increments.
(d) Whenever a fund member does not designate a beneficiary
under this section and has no survivors entitled to receive a benefit
under section 13.8, 13.9, or 14.1 of this chapter, the system board
shall refund to the fund member's estate:
(1) the fund member's contributions; plus
(2) interest at a rate determined by the system board.
As added by P.L.23-2010, SEC.4; P.L.62-2010, SEC.4. Amended by
P.L.35-2012, SEC.141.
IC 36-8-8-24.8
Expired
(Expired 7-1-2012 by P.L.177-2011, SEC.3.)
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
