2014 Indiana Code TITLE 5. STATE AND LOCAL ADMINISTRATION ARTICLE 10. PUBLIC EMPLOYEE BENEFITS CHAPTER 10. SPECIAL DEATH BENEFIT FUND
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IC 5-10-10
Chapter 10. Special Death Benefit Fund
IC 5-10-10-1
"Board"
Sec. 1. As used in this chapter, "board" refers to the board of
trustees of the Indiana public retirement system.
As added by P.L.44-1988, SEC.1. Amended by P.L.35-2012, SEC.25.
IC 5-10-10-1.5
"Correctional officer"
Sec. 1.5. As used in this chapter, "correctional officer" includes:
(1) a county jail officer under IC 11-12-4-4;
(2) a person who has received a correctional officer training
certificate under IC 11-8-2-8;
(3) a prison matron or an assistant prison matron under
IC 36-8-10-5;
(4) any other person whose duties include the daily or ongoing
supervision and care of persons who are lawfully detained (as
defined in IC 35-31.5-2-186) in a facility operated by the state
or a political subdivision of the state; and
(5) a hazardous duty employee of the department of correction
who:
(A) works within a prison or juvenile facility; or
(B) performs parole or emergency response operations and
functions.
As added by P.L.42-1991, SEC.1. Amended by P.L.8-2006, SEC.1;
P.L.114-2012, SEC.13.
IC 5-10-10-2
"Dies in the line of duty"
Sec. 2. As used in this chapter, "dies in the line of duty" refers to
a death that occurs as a direct result of personal injury or illness
resulting from any action that the public safety officer, in the public
safety officer's capacity as a public safety officer, is obligated or
authorized by rule, regulation, condition of employment or service,
or law to perform in the course of controlling or reducing crime or
enforcing the criminal law. For purposes of a public safety officer
who is an employee (as defined in IC 5-10-13-2), the term includes
a death presumed incurred in the line of duty under IC 5-10-13.
As added by P.L.44-1988, SEC.1. Amended by P.L.52-1993, SEC.1;
P.L.185-2002, SEC.2.
IC 5-10-10-3
"Fund"
Sec. 3. As used in this chapter, "fund" refers to the special death
benefit fund.
As added by P.L.44-1988, SEC.1.
IC 5-10-10-4
"Public safety officer"
Sec. 4. As used in this chapter, "public safety officer" means any
of the following:
(1) A state police officer.
(2) A county sheriff.
(3) A county police officer.
(4) A correctional officer.
(5) An excise police officer.
(6) A county police reserve officer.
(7) A city police reserve officer.
(8) A conservation enforcement officer.
(9) A town marshal.
(10) A deputy town marshal.
(11) A probation officer.
(12) A state educational institution police officer appointed
under IC 21-39-4.
(13) A police officer whose employer purchases coverage under
section 4.5 of this chapter.
(14) An emergency medical services provider (as defined in
IC 16-41-10-1) who is:
(A) employed by a political subdivision (as defined in
IC 36-1-2-13); and
(B) not eligible for a special death benefit under
IC 36-8-6-20, IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
(15) A firefighter who is employed by the fire department of a
state university.
(16) A firefighter whose employer purchases coverage under
section 4.5 of this chapter.
(17) A member of a consolidated law enforcement department
established under IC 36-3-1-5.1.
(18) A gaming agent of the Indiana gaming commission.
(19) A person who is:
(A) employed by a political subdivision (as defined in
IC 36-1-2-13); and
(B) appointed as a special deputy under IC 36-8-10-10.6.
(20) A school corporation police officer appointed under
IC 20-26-16.
(21) A gaming control officer of the Indiana gaming
commission.
(22) An eligible chaplain who meets the requirements of section
4.7 of this chapter.
(23) A community corrections officer.
As added by P.L.44-1988, SEC.1. Amended by P.L.42-1991, SEC.2;
P.L.52-1993, SEC.2; P.L.66-2000, SEC.1; P.L.246-2001, SEC.1;
P.L.56-2003, SEC.1; P.L.10-2005, SEC.1; P.L.227-2005, SEC.3;
P.L.170-2005, SEC.16; P.L.1-2006, SEC.96; P.L.43-2006, SEC.1;
P.L.2-2007, SEC.84; P.L.132-2007, SEC.4; P.L.227-2007, SEC.56;
P.L.3-2008, SEC.26; P.L.115-2008, SEC.2; P.L.158-2013, SEC.78.
IC 5-10-10-4.5
Special death benefits coverage purchased for eligible officers
Sec. 4.5. (a) As used in this section, "eligible officer" means a
police officer or firefighter whose employer purchases coverage
under this section.
(b) As used in this section, "employer" means:
(1) with respect to a police officer:
(A) a postsecondary educational institution, other than a
state educational institution, that appoints a police officer
under IC 21-17-5; or
(B) an operator that employs the police officer under
IC 8-22-3-34(b); or
(2) with respect to a firefighter:
(A) a postsecondary educational institution, other than a
state educational institution, located in Indiana that:
(i) maintains a fire department;
(ii) employs firefighters for the fire department; and
(iii) is accredited by the North Central Association; or
(B) an operator that enters into an operating agreement under
IC 5-23 for the operation of a public use airport that:
(i) maintains a fire department; and
(ii) employs firefighters for the fire department.
(c) If an employer purchases coverage for an eligible officer, the
eligible officer is eligible for a special death benefit from the fund in
the same manner that any other public safety officer is eligible for a
special death benefit from the fund. The cost of the coverage shall be
one hundred dollars ($100) for each eligible officer annually. The
cost of the coverage shall be paid to the board for deposit in the fund.
(d) If an employer elects to provide coverage under this section,
the employer must purchase coverage for all eligible officers of the
employer. The board shall allow an employer to purchase coverage
by making quarterly payments on dates prescribed by the board.
As added by P.L.10-2005, SEC.2. Amended by P.L.43-2006, SEC.2;
P.L.2-2007, SEC.85.
IC 5-10-10-4.7
Special death benefit for eligible chaplain
Sec. 4.7. (a) As used in this section, "eligible chaplain" means an
individual who is appointed or officially designated to serve, with or
without compensation, as a chaplain of any of the following:
(1) A law enforcement agency (as defined in IC 4-33-2-11.6).
(2) A full-time police department of a political subdivision (as
defined in IC 36-1-2-13).
(3) A full-time fire department of a political subdivision (as
defined in IC 36-1-2-13).
(4) A volunteer fire department (as defined in IC 36-8-12-2).
(5) A sheriff's department of a county.
(b) An eligible chaplain who dies as a direct result of personal
injury or illness resulting from the eligible chaplain's performance of
duties as a chaplain for the agency or department that the eligible
chaplain was appointed or officially designated to serve is eligible
for a special death benefit from the fund in the same manner as any
other public safety officer is eligible for a benefit from the fund.
As added by P.L.115-2008, SEC.3.
IC 5-10-10-5
Establishment of fund; source of funding; administration;
investments; reversion
Sec. 5. (a) The special death benefit fund is established for the
purpose of paying lump sum death benefits under section 6 of this
chapter. The fund consists of the fees remitted to the board under
IC 35-33-8-3.2 and section 4.5 of this chapter. The fund shall be
administered by the board. The expenses of administering the fund
shall be paid from money in the fund.
(b) The board shall invest the money in the fund not currently
needed to meet the obligations of the fund in the same manner as the
board's other funds may be invested. Interest that accrues from these
investments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.44-1988, SEC.1. Amended by P.L.1-1990, SEC.58;
P.L.107-1998, SEC.1; P.L.10-2005, SEC.3; P.L.1-2006, SEC.97.
IC 5-10-10-6
Special death benefits; suspension of payment
Sec. 6. (a) Except as provided in subsection (b), a special death
benefit of seventy-five thousand dollars ($75,000) for a public safety
officer who dies in the line of duty before January 1, 1998, and one
hundred fifty thousand dollars ($150,000) for a public safety officer
who dies in the line of duty after December 31, 1997, shall be paid
in a lump sum from the fund to the following relative of a public
safety officer 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.
(b) If the fund would be reduced below two hundred fifty
thousand dollars ($250,000) by payment in full of all claims that
become final in any month, the board shall proceed as follows:
(1) The board shall suspend payment of the claims that become
final during that month and the following two (2) months.
(2) At the end of the suspension period, the board shall pay all
suspended claims. If the fund would be exhausted by payment
in full of all suspended claims, the amount paid to each
claimant shall be prorated.
As added by P.L.44-1988, SEC.1. Amended by P.L.42-1991, SEC.3;
P.L.53-1993, SEC.1; P.L.49-1998, SEC.1.
IC 5-10-10-6.5
Payment of special death benefits to surviving spouse
Sec. 6.5. Notwithstanding section 6 of this chapter, the amount of
the special death benefit payable under this chapter, as amended by
P.L.66-2000, to the surviving spouse of a probation officer who died
in the line of duty after April 27, 1997, and before January 1, 1998,
is one hundred fifty thousand dollars ($150,000).
As added by P.L.220-2011, SEC.70.
IC 5-10-10-7
Other benefits; effect
Sec. 7. The special death benefit provided by this chapter is in
addition to any other benefits provided by state or federal law.
As added by P.L.44-1988, SEC.1.
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