2016 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 13. CAUSES OF ACTION: CLAIMS AGAINST THE GOVERNMENT
CHAPTER 8. SPECIAL SUPPLEMENTAL RELIEF
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IC 34-13-8
Chapter 8. Special Supplemental Relief
IC 34-13-8-1
"Eligible person"
Sec. 1. As used in this chapter, "eligible person" refers to a person
or the estate of a person that properly filed a claim with the state, in
the form prescribed by the attorney general, before December 31,
2011, for physical injury or death resulting from an occurrence.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-2
"Occurrence"
Sec. 2. As used in this chapter, "occurrence" refers to one (1) or
more acts or omissions by the state or employees of the state in
connection with a single event occurring after July 31, 2011, and
before September 1, 2011, that resulted in the death of seven (7) or
more persons.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-3
"Supplemental fund"
Sec. 3. As used in this chapter, "supplemental fund" refers to the
supplemental state fair relief fund established by section 9 of this
chapter.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-4
Intent; compromise of claims; application
Sec. 4. (a) Recognizing the special conditions created by an
occurrence, it is the intent of the general assembly to provide
supplemental relief for victims of the occurrence. It is not the intent
of the general assembly to revise the tort claims act in order to
address the special situation of the occurrence.
(b) The attorney general may compromise or settle a claim or suit
brought against the state or its employees as provided in this chapter.
(c) Only eligible persons are eligible to receive compensation
under this chapter.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-5
Limitations on payments; formula for distribution
Sec. 5. (a) The attorney general shall attempt to resolve before
January 1, 2013, all claims and suits brought against the state or its
employees for an occurrence for an amount that, in the aggregate,
does not exceed eleven million dollars ($11,000,000), consisting of:
(1) five million dollars ($5,000,000) paid from the state tort
claim fund established to pay claims and expenses under
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IC 34-13-3-24; and
(2) six million dollars ($6,000,000) to be paid from the
supplemental fund.
(b) The attorney general shall attempt to resolve before January
1, 2013, claims or suits for an occurrence as follows:
(1) The estate of an eligible person whose death resulted from
an occurrence shall receive seven hundred thousand dollars
($700,000). This amount includes any compensation under this
chapter for the eligible person's attorney's fees. The amount
distributed to the estate of the eligible person whose death
resulted from an occurrence is exempt from inheritance taxes
under IC 6-4.1 and shall not be included in the calculation of
the amount transferred to a Class A transferee, Class B
transferee, or Class C transferee for the purposes of applying
the exemptions in IC 6-4.1-3-10, IC 6-4.1-3-11, and
IC 6-4.1-3-12.
(2) Except as provided in subdivision (3), each other eligible
person who was physically injured as a result of an occurrence
shall be compensated (including any compensation under this
chapter for the eligible person's attorney's fees) for the physical
injury in an amount that does not exceed the least of the
following:
(A) The amount of the eligible person's medical expenses
incurred as a result of the physical injury.
(B) The amount claimed before the deadline established by
the attorney general by the eligible person for medical
expenses incurred as a result of the physical injury in
relation to the claim filed before December 31, 2011.
(C) Seven hundred thousand dollars ($700,000).
(3) Eligible persons who suffered physical injuries involving
permanent paralysis or permanent physical trauma or requiring
major and ongoing long-term care shall be compensated for the
physical injury in an amount equal to:
(A) the amount of compensation paid under subdivision (2);
plus
(B) additional compensation determined under the process
established by the attorney general under subdivision (4).
(4) The attorney general shall establish a process for
determining the equitable amount of compensation for eligible
persons under subdivision (3). The attorney general shall before
January 1, 2013, determine the amount of compensation that
each eligible person described in subdivision (3) is entitled to
receive under subdivision (3). The attorney general may employ
arbitrators, mediators, consultants, and other experts to assist in
the process established by the attorney general for determining
the compensation for eligible persons under subdivision (3).
As added by P.L.160-2012, SEC.62.
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IC 34-13-8-6
Requirement; release of additional claims
Sec. 6. (a) To receive a distribution under this chapter for an
occurrence, an eligible person must have already released all
governmental entities and public employees from any liability for
loss resulting from the occurrence. The release must be in a form that
is satisfactory to the attorney general.
(b) A distribution may not be paid under this chapter from the
supplemental fund to an eligible person unless the eligible person has
entered into an agreement with the state providing that the person
will not bring any action against the state based on an
indemnification clause.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-7
Additional payments reduced by prior payments
Sec. 7. The amount payable after December 31, 2011, as provided
in section 5(b) of this chapter to an eligible person shall be reduced
by any amount that was paid under IC 34-13-3 from the state tort
claim fund before January 1, 2012, for the death or physical injury.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-8
Limitation on attorney's fees
Sec. 8. If an eligible person is represented by an attorney
regarding compensation from the supplemental fund, the attorney's
fees paid to the attorney or attorneys for the representation of the
eligible person regarding compensation from the supplemental fund
may not exceed, in aggregate, ten percent (10%) of the total
compensation paid to the eligible person from the supplemental fund.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-9
Establishment of fund
Sec. 9. (a) The supplemental state fair relief fund is established
for the purpose of providing supplemental relief to the victims of the
occurrence.
(b) The supplemental fund consists of grants, donations, and
appropriations made by the general assembly. The supplemental fund
shall be administered by the attorney general. The treasurer of state
shall invest the money in the supplemental fund not currently needed
to meet the obligations of the supplemental fund in the same manner
as other public money may be invested. Interest that accrues from
these investments shall be deposited in the state general fund. The
expenses of administering the supplemental fund shall be paid from
the state tort claim fund established to pay claims and expenses
under IC 34-13-3-24.
(c) The supplemental fund is considered a trust fund for purposes
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of IC 4-9.1-1-7. Money may not be transferred, assigned, or
otherwise removed from the supplemental fund by the state board of
finance, the budget agency, or any other state agency except as
provided in this chapter.
(d) Money in the supplemental fund at the end of a state fiscal
year does not revert to the state general fund. Money in the
supplemental fund is continually appropriated to the attorney general
to carry out the purposes of the supplemental fund.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-10
Use of money in fund
Sec. 10. (a) The attorney general may use the money in the
supplemental fund to pay compensation to eligible persons as
provided in this chapter.
(b) After the estate of each eligible person whose death resulted
from an occurrence has received seven hundred thousand dollars
($700,000), and each other eligible person who was physically
injured as a result of an occurrence has been compensated in the
amount determined under section 5(b)(2) of this chapter, the
remaining balance in the supplemental fund shall be used to pay
compensation for ongoing expenses to eligible persons described in
section 5(b)(3) of this chapter according to the process established
by the attorney general under section 5(b)(4) of this chapter.
Compensation paid from the supplemental fund may not be used for
the following:
(1) Expenses covered by insurance.
(2) Expenses covered by another party.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-11
Payment of expenses of administration
Sec. 11. The expenses incurred by the attorney general in carrying
out this chapter (including any expenses for arbitrators, mediators,
consultants, or any other experts) shall be paid from the state tort
claim fund established to pay claims and expenses under
IC 34-13-3-24.
As added by P.L.160-2012, SEC.62.
IC 34-13-8-12
Assignment of claims to state
Sec. 12. (a) An eligible person may assign to the attorney general
the eligible person's right to pursue a cause of action for the tortious
breach of an insurer's duty to deal with an insured person in good
faith.
(b) If the insurance commissioner believes that a person has
engaged in any of the acts or practices listed in IC 27-4-1-4.5 in
relation to an occurrence, the insurance commissioner may issue and
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cause to be served upon the person a statement of the charges and a
notice in writing of a hearing as provided in IC 27-4-1-5. If after a
hearing under IC 4-21.5-3, the insurance commissioner determines
that the person has engaged in any of the acts or practices listed in
IC 27-4-1-4.5 in relation to an occurrence, the insurance
commissioner may at the insurance commissioner's discretion order
one (1) or more of the remedies provided in IC 27-4-1-6.
Notwithstanding IC 27-4-1, the insurance commissioner may take an
action under this subsection regarding the commission by a person
of a single act or practice listed in IC 27-4-1-4.5 in relation to an
occurrence, without having to demonstrate that the act or practice
occurs with such frequency as to indicate a general practice by the
person.
As added by P.L.160-2012, SEC.62.
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