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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under IC 19-1-17.8-7 (repealed September 1, 1981);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(repealed September 1, 1981);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 twenty thousand
(120,000) 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;
IC 36-8-8-2
"Employer" defined
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" defined
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.
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.
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, he
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 PERF 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.
IC 36-8-8-4
Creation of fund; management by PERF board; fund advisory
committee; membership; term
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 board of trustees of the public employees' retirement fund
(referred to in this chapter as the "PERF board") shall administer the
1977 fund, which may be commingled with the public employees'
retirement fund for investment purposes. 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.
(c) The 1977 fund advisory committee, referred to as the
committee, is established. The PERF board shall consult with the
committee on matters pertaining to the administration of this chapter
and IC 5-10.3-11. The committee shall consist of the following
members appointed by the governor every two (2) years for a term of
two (2) years:
(1) Two (2) firefighters:
(A) each of whom must be an active or retired member of the
1937 fund or the 1977 fund; and
(B) neither of whom may be in an upper level policymaking
position.
(2) Two (2) police officers:
(A) each of whom must be an active or retired member of the
1925 fund, the 1953 fund, or the 1977 fund; and
(B) neither of whom may be in an upper level policymaking
position.
(3) Two (2) members, each of whom must be an executive of an
employer.
(4) Two (2) members, each of whom must be a member of the
legislative body of an employer.
The term of each member begins on July 1 following appointment
and continues until his successor is qualified. A member of the
committee who no longer holds the position that qualified him for
appointment under subdivision (1), (2), (3), or (4) forfeits his
membership on the committee. The governor shall appoint a person
to fill a vacancy on the committee for the remainder of the unexpired
term.
(d) Each member of the committee who is not a state employee is
entitled to reimbursement for expenses actually incurred in
connection with the member's duties. Such a member is also entitled
to reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as approved by the
PERF board.
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.
IC 36-8-8-5
PERF board; powers and duties; appeals; confidentiality of fund
records
Sec. 5. (a) The PERF 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 5-10.3-3-7, IC 5-10.3-3-8, and IC 5-10.3-5-3 through
IC 5-10.3-5-6, administer the 1977 fund; and
(3) provide by rule for the implementation of this chapter.
(b) A determination by the PERF board may be appealed under
the procedures in IC 4-21.5.
(c) The powers and duties of the director and the actuary of the
PERF board, the treasurer of state, the attorney general, and the
auditor of state, with respect to the 1977 fund, are those specified in
IC 5-10.3-3 and IC 5-10.3-4.
(d) The PERF 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.
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, pay into the 1977 fund an amount determined by the
PERF board:
(1) for administration expenses; and
IC 36-8-8-7
Membership in fund
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 PERF 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 twenty thousand
(120,000) 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.
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.
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 PERF 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 PERF 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.
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 PERF board each year on March 31, June 30, September
30, and December 31, for the calendar quarters ending on those
dates, a certified list of fund members and a warrant issued by the
employer for the total amount deducted for fund members'
contributions.
(b) Except as provided in section 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 PERF board shall return to the fund member in a
lump sum the fund member's contributions plus interest as
determined by the PERF 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 PERF 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.
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
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) 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 his
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 his
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.
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 PERF board
receives from the Internal Revenue Service a determination that
prohibits the implementation.
As added by P.L.130-2008, SEC.7.
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 PERF 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 is considered active
service for the purpose of determining retirement benefits until the
fund member has a total of twenty (20) years of service.
(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-five (55) years of age.
(g) A fund member who is receiving disability benefits:
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 PERF 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.
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 PERF 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.
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; or
(ii) an exposure related cancer;
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.
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.
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 PERF 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 1977 fund advisory
committee 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 1977 fund
advisory committee.
(r) The 1977 fund advisory committee 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 1977 fund advisory committee 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 1977 fund advisory committee'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 1977 fund advisory committee's initial determination
becomes final. If a timely written objection is filed, the 1977 fund
advisory committee 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.
IC 36-8-8-13.1
Submission of determination of local board and safety board to
PERF director; medical examination; initial determination;
objections; 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 PERF board's director.
(b) Whenever a fund member is determined to have an impairment
under section 12.7(i) of this chapter, the PERF 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 PERF 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 PERF 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 PERF board shall adopt
rules under IC 4-22-2 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 PERF board's director. If a
fund member refuses to submit to an examination, the authority may
find that no impairment exists.
(d) The PERF 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 PERF 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 PERF 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.
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 36-8-8-13.5
Applicability to certain fund members; disability benefits for
classes of impairment
Sec. 13.5. (a) This section applies only to a fund member who:
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 PERF board for a final
determination by the PERF board or the PERF 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 PERF medical authority based on the degree of impairment.
(g) Benefits for a Class 1 impairment are payable until the fund
member becomes fifty-two (52) years of age. Benefits for a Class 2
and 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.
(h) Upon becoming fifty-two (52) years of age, a fund member
with a Class 1 or Class 2 impairment 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 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.
(i) 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.
(j) 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.
IC 36-8-8-13.6
"Class 3 excludable condition" defined; 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 PERF board under
subsection (b).
(b) The PERF board shall adopt rules under IC 4-22-2 to establish
a list of excludable medical conditions.
(c) To the extent required by the Americans with Disabilities Act,
the PERF 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.
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 PERF 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 PERF
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.
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.
(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.
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.
(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:
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.
(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.
IC 36-8-8-15
Cost of living adjustment
Sec. 15. Each year the PERF 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%). A fund member's or
survivor's monthly benefit, beginning with the July payment, shall be
increased or decreased by an amount equal to the June payment times
the percentage increase or decrease. However, a fund member's or
survivor's monthly benefit may not be increased or decreased 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 or decrease 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 below the amount of the first monthly benefit received by
the fund member or survivor.
As added by Acts 1981, P.L.309, SEC.59.
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 36-8-8-17.2
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
PERF 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 PERF board; and
(D) agreed to in writing by the PERF board.
(2) An executed copy of the authorization is delivered to the
PERF 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 PERF 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.
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 PERF
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-five (55) 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 PERF
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.
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-five (55), 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;
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 PERF 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
PERF board under IC 4-22-2.
(b) The PERF board shall adopt minimum standards by rule under
IC 4-22-2 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 reviewed by the 1977 fund advisory board.
(c) The PERF 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 reviewed by the 1977 fund advisory board.
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 PERF:
(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 PERF board or the PERF 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 PERF board or the PERF
board's designee shall also determine whether the candidate has a
Class 3 excludable condition under section 13.6 of this chapter. The
PERF board or the PERF 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 PERF 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.
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 public employees'
retirement fund 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.
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