CHAPTER 7.5. 1953 POLICE PENSION FUND (INDIANAPOLIS)
IC 36-8-7.5
Chapter 7.5. 1953 Police Pension Fund (Indianapolis)
IC 36-8-7.5-1
Application of chapter; officers eligible for benefits
Sec. 1. (a) This chapter applies to pension benefits for membersof police departments hired before May 1, 1977, by a consolidatedcity.
(b) A police officer with twenty (20) years of service is coveredby this chapter and not by IC 36-8-8 if:
(1) the officer was hired before May 1, 1977;
(2) the officer did not convert under IC 19-1-17.8-7 (repealedSeptember 1, 1981);
(3) the officer was not a member of the 1953 fund because:
(A) the officer's employment was on a temporary oremergency status under a statute in effect before February25, 1953;
(B) the officer failed to pass a five (5) year physicalrequirement under such a statute; or
(C) the officer was a war veteran without pension status;
(4) the officer submitted to a physical medical examination, ifrequired by the local board, and the results were satisfactory;and
(5) the officer was accepted by the local board as a member ofthe 1953 fund upon payment of all dues required for theofficer's entire time as a member of the police department.
(c) A police officer is covered by this chapter and not byIC 36-8-8 if the officer:
(1) was hired before May 1, 1977; and
(2) did not convert under IC 19-1-17.8-7 (repealed September1, 1981).
(d) A police officer is covered by this chapter and not byIC 36-8-8 if the officer:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 (repealed September1, 1981);
(3) is a regularly appointed member of the police department;
(4) is a member of the 1953 fund;
(5) was employed on a temporary or emergency status beforeregular employment; and
(6) paid into the 1953 fund by not later than January 1, 1968, alldues for the period the officer was on temporary or emergencystatus.
(e) A police officer who:
(1) is covered by this chapter before consolidation underIC 36-3-1-5.1; and
(2) becomes a member of the consolidated law enforcementdepartment through consolidation under IC 36-3-1-5.1;
is covered by this chapter after the effective date of theconsolidation, and the officer's service as a member of the
consolidated law enforcement department is considered activeservice under this chapter.
(f) In computing the length of active service rendered by anypolice officer for the purpose of determining the expiration of aperiod of twenty (20) years of active service, all of the followingperiods are counted:
(1) All of the time the officer performed the duties of theofficer's position in active service.
(2) Vacation time or periods of leave of absence with whole orpart pay.
(3) Periods of leave of absence without pay that were necessaryon account of physical or mental disability.
(4) Periods of disability for which the officer will receive or hasreceived any disability benefit.
(g) In computing the term of service there is not included any ofthe following:
(1) Periods during which the police officer was or is suspendedor on leave of absence without pay.
(2) Periods during which the officer was not in active service onaccount of the officer's resignation from the department.
(3) Time served as a special police officer, a merchant policeofficer, or private police officer.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.104-1983,SEC.6; P.L.3-1990, SEC.131; P.L.227-2005, SEC.45.
IC 36-8-7.5-1.5
Qualification of 1953 fund under Internal Revenue Code; benefitlimitations
Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect onSeptember 1, 1974, if permitted with respect to governmentalplans; or
(2) to the extent not inconsistent with subdivision (1), has themeaning set forth in IC 6-3-1-11.
(b) The 1953 fund shall satisfy the qualification requirements inSection 401 of the Internal Revenue Code, as applicable to the 1953fund. In order to meet those requirements, the 1953 fund is subjectto the following provisions, notwithstanding any other provision ofthis chapter:
(1) The local board shall distribute the corpus and income of the1953 fund to members and their beneficiaries in accordancewith this chapter.
(2) No part of the corpus or income of the 1953 fund may beused or diverted to any purpose other than the exclusive benefitof the members and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, orfor any other reason may not be applied to increase the benefitsany member would otherwise receive under this chapter.
(4) If the 1953 fund is terminated, or if all contributions to the1953 fund are completely discontinued, the rights of each
affected member to the benefits accrued at the date of thetermination or discontinuance, to the extent then funded, arenonforfeitable.
(5) All benefits paid from the 1953 fund shall be distributed inaccordance with the requirements of Section 401(a)(9) of theInternal Revenue Code and the regulations under that section.In order to meet those requirements, the 1953 fund is subject tothe following provisions:
(A) The life expectancy of a member, the member's spouse,or the member's beneficiary shall not be recalculated afterthe initial determination, for purposes of determiningbenefits.
(B) If a member dies before the distribution of the member'sbenefits has begun, distributions to beneficiaries must beginno later than December 31 of the calendar year immediatelyfollowing the calendar year in which the member died.
(C) The amount of an annuity paid to a member's beneficiarymay not exceed the maximum determined under theincidental death benefit requirement of the Internal RevenueCode.
(6) The local board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of members or beneficiaries;
in a manner that discriminates in favor of members who areconsidered officers, supervisors, or highly compensated, asprohibited under Section 401(a)(4) of the Internal RevenueCode.
(7) Benefits paid under this chapter may not exceed themaximum benefit specified by Section 415 of the InternalRevenue Code.
(8) The salary taken into account under this chapter may notexceed the applicable amount under Section 401(a)(17) of theInternal Revenue Code.
(9) The local board may not engage in a transaction prohibitedby Section 503(b) of the Internal Revenue Code.
(c) Notwithstanding any other provision of this chapter, and solelyfor the purposes of the benefits provided under this chapter, thebenefit limitations of Section 415 of the Internal Revenue Code shallbe determined by applying the provisions of Section 415(b)(10) ofthe Internal Revenue Code, as amended by the Technical andMiscellaneous Revenue Act of 1988. This section constitutes anelection under Section 415(b)(10)(C) of the Internal Revenue Codeto have Section 415(b) of the Internal Revenue Code, other thanSection 415(b)(2)(G) of the Internal Revenue Code, applied withoutregard to Section 415(b)(2)(F) of the Internal Revenue Code toanyone who did not first become a participant before January 1,1990.
As added by P.L.55-1989, SEC.57. Amended by P.L.4-1990, SEC.17.
IC 36-8-7.5-1.7
"Americans with Disabilities Act"
Sec. 1.7. As used in this chapter, "Americans with DisabilitiesAct" refers to the Americans with Disabilities Act (42 U.S.C. 12101et seq.) and any amendments and regulations related to the Act.
As added by P.L.4-1992, SEC.40.
IC 36-8-7.5-1.9
Administration of fund
Sec. 1.9. The 1953 fund shall be administered in a manner that isconsistent with the Americans with Disabilities Act, to the extentrequired by the Act.
As added by P.L.4-1992, SEC.41.
IC 36-8-7.5-2
Establishment of fund; local board of trustees; terms; vacancies;compensation; bylaws
Sec. 2. (a) A police pension fund to be known as the 1953 fund isestablished in each consolidated city.
(b) The 1953 fund shall be managed by a board of trustees(referred to as the "local board" in this chapter) having nine (9)trustees, as follows:
(1) The city executive, the county treasurer, and the city policechief.
(2) One (1) retired member of the police department.
(3) Five (5) active members of the police department.
(c) The trustee under subsection (b)(2) shall be elected at ameeting of the retired members of the 1953 fund. The trustees undersubsection (b)(3) shall be elected at a meeting of the active membersof the police department. The trustees are elected for terms of three(3) years, beginning on January 1 following the election, andsucceeding those trustees whose terms of office expire on that date.
(d) If a vacancy occurs on the local board among those trusteeselected by the police department, the remaining trustees of the localboard shall fill the vacancy for the unexpired term of the trusteecausing the vacancy, from the same class of members, active orretired, as was the trustee causing the vacancy.
(e) Any trustee of the local board elected as an active member ofthe police department automatically ceases to be a member of thelocal board if he ceases, for any reason, to be an active member ofthe police department and the vacancy shall be filled as provided insubsection (d).
(f) The trustees receive no compensation for their services andshall be paid only their necessary and actual expenses, includingtravel expenses, out of the fund in the custody of the treasurer, foracting upon matters related to the 1953 fund. The submission ofexpenses by any local board member and the authorization by thelocal board at regular meeting is sufficient authorization to thetreasurer for payment.
(g) The local board may make all necessary bylaws for: (1) meetings of the trustees;
(2) the manner of their election, including the counting andcanvassing of the votes;
(3) the collection of all money and other property due orbelonging to the 1953 fund;
(4) all matters connected with the care, preservation, anddisbursement of the fund; and
(5) all other matters connected with the proper execution of thischapter.
As added by Acts 1982, P.L.77, SEC.9.
IC 36-8-7.5-3
Officers of local board; powers and duties; secretary's bond;reports
Sec. 3. (a) The city executive is president of the local board, thepolice chief is its vice president, the county treasurer is its treasurer,and the local board shall elect a secretary. The secretary shall be paidout of the 1953 fund a sum for his services as fixed by the localboard.
(b) The treasurer:
(1) has custody of all property, money, and securities belongingto the 1953 fund and shall collect the principal and interest onthem;
(2) is liable on his bond as a county officer for the faithfulaccounting of all money and securities belonging to the 1953fund that come into his hands;
(3) shall keep a separate account showing at all times the truecondition of the 1953 fund; and
(4) shall, upon the expiration of his term of office, account tothe local board for all money and securities coming into hishands, including the proceeds of them, and turn over to hissuccessor all money and securities belonging to the fundremaining in his hands.
(c) The secretary shall:
(1) keep a true account of the proceedings of the local boardwhen acting upon matters relating to the 1953 fund;
(2) keep a correct statement of the accounts of each memberwith the 1953 fund;
(3) give the local board a monthly account of his acts andservices as secretary;
(4) turn over to his successor all books and papers pertaining tohis office; and
(5) perform any other duties imposed upon him by the localboard.
(d) The secretary shall, in the manner prescribed by IC 5-4-1,execute a bond conditioned upon the faithful discharge of his duties.
(e) The secretary and treasurer shall make complete and accuratereports of their trusts to the local board on the first Monday inFebruary of each year, copies of which shall be filed with the cityfiscal officer. The books of the secretary and treasurer must be open
at all times to examination by members of the local board.
As added by Acts 1982, P.L.77, SEC.9.
IC 36-8-7.5-4
Management of revenue of fund by local board
Sec. 4. (a) The local board shall ensure and confirm that:
(1) all amounts specified in this chapter to be applied to the1953 fund, from any sources, are collected and applied to thefund;
(2) the various sums to be deducted from the salaries of thepolice officers concerned are deducted and are paid into the1953 fund;
(3) the various sums to be contributed by the police specialservice district are so contributed and are received into the 1953fund;
(4) any revenue in form of interest upon money invested orupon money due to the 1953 fund is received and placed intothe fund; and
(5) all other money that should accrue to the 1953 fund iscollected and paid into it.
(b) The local board shall have an audit of the accounts of the 1953fund done at least once each biennium, by a person or personscompetent to perform the audit, if the state board of accounts fails toexamine the affairs of the fund during the period.
As added by Acts 1982, P.L.77, SEC.9.
IC 36-8-7.5-5
Applications to local board for annuities, pensions, and benefits
Sec. 5. (a) The local board shall consider and pass upon allapplications for annuities, pensions, and benefits.
(b) The local board shall authorize the payment of any annuity,pension, or benefit, whether granted under this chapter or under anyother statute superseded by this chapter.
(c) The local board may inquire into the validity of any grant ofannuity, pension, or benefit paid from or payable out of the 1953fund, whether the grant has been or is made in accordance with thischapter or with a statute in effect before February 25, 1953.
(d) The local board may effect an increase, decrease, orsuspension of any grant payable from the 1953 fund whenever thegrant or any part was secured or granted, or the amount fixed, as aresult of misrepresentation, fraud, or error. However, a grant may notbe reduced or suspended until the grantee concerned is:
(1) notified of the proposed action; and
(2) given an opportunity to be heard concerning the proposedaction.
As added by Acts 1982, P.L.77, SEC.9.
IC 36-8-7.5-6
Annual report of local board
Sec. 6. The local board shall submit a report in the month of June
of each year to the city legislative body. The report shall be made asof the close of business on December 31 of the preceding year andmust contain a detailed statement of the affairs of the 1953 fundunder the control of the local board. The report must show theincome and disbursements of, and the assets and liabilities of eachfund established and maintained within the 1953 fund during thepreceding year.
As added by Acts 1982, P.L.77, SEC.9.
IC 36-8-7.5-7
Employees of local board; compensation
Sec. 7. The local board shall appoint the actuarial, medical,clerical, legal, or other employees as are necessary, and fix orapprove the compensation of each of them, which shall be paid bythe treasurer.
As added by Acts 1982, P.L.77, SEC.9.
IC 36-8-7.5-8
Sources of fund
Sec. 8. The 1953 fund is derived from the following sources:
(1) From money or other property that is given to the localboard for the use of the fund. The local board may take by gift,grant, devise, or bequest any money, chose in action, personalproperty, real property, or use the same for the purposes of the1953 fund or for such purposes specified by the grantor.
(2) From money, fees, and awards of every nature that are givento the police department of the municipality or to a member ofthe department because of service or duty performed by thedepartment or a member. This includes fines imposed by thesafety board against a member of the department, all moneyfrom gambling cases and from gambling devices as well as theproceeds from the sale of lost, stolen, and confiscated propertyrecovered or taken into possession by members of the policedepartment in the performance of their duties and confiscatedby court order, and sold at a public sale in accordance with law.
(3) From an assessment made during the period of hisemployment or for thirty-two (32) years, whichever is shorter,on the salary of each member whom the local board hasaccepted and designated as a beneficiary of the 1953 fund, anamount equal to six percent (6%) of the salary of a first classpatrolman. However, the employer may pay all or a part of theassessment for the member.
(4) From the income from investments of the 1953 fund.
(5) From the proceeds of a tax levied by the police specialservice district upon taxable property in the district, which thetreasurer shall collect and credit to the 1953 fund, to be usedexclusively by the 1953 fund, including the payments describedin section 10.5 of this chapter.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.312-1989,SEC.3; P.L.182-2009(ss), SEC.432.
IC 36-8-7.5-9
City officers; powers and duties
Sec. 9. The proper officers of the city shall do the following:
(1) Deduct all sums that this chapter provides from the salariesof members of the police department and pay the sums to thelocal board in the manner that the local board specifies.
(2) On the first day of each month, notify the local board of allthe following regarding members eligible for the 1953 fund thatoccurred during the preceding month and state the dates uponwhich these events occurred:
(A) New employments.
(B) Discharges.
(C) Resignations.
(D) Suspensions from the service.
(E) Deaths.
(F) Changes in salary that occurred during the preceding month.
(3) Procure for and transmit to the local board, in the form andtime or times specified by the local board, all informationrequested by the local board concerning the service, age, salary,residence, marital condition, spouse, children, physicalcondition, mental condition, and death of any member of thepolice department.
(4) Convey to the local board all information required by thelocal board concerning each newly appointed member of thepolice department immediately after the appointment.
(5) Certify to the pension board, as of same day in the year to befixed by the local board, the name of each member of the policedepartment to whom this chapter applies.
(6) Keep such records concerning members of the policedepartment as the local board may reasonably require andspecify.
(7) Perform all duties without any cost to the 1953 fund.
As added by Acts 1982, P.L.77, SEC.9.
IC 36-8-7.5-10
Insufficient pension fund; estimates; statement; tax levy
Sec. 10. (a) If the local board determines that the total amount ofmoney available for a year will be insufficient to pay the benefits,pensions, and retirement allowances the local board is obligated topay under this chapter, the local board shall, before the date on whichthe budget of the police special service district is adopted, prepare anitemized estimate in the form prescribed by the state board ofaccounts of the amount of money that will be receipted into anddisbursed from the 1953 fund during the next fiscal year. Theestimated receipts consist of the items enumerated in section 8 of thischapter. The estimated disbursements consist of an estimate of theamount of money that will be needed by the local board during thenext fiscal year to defray the expenses and obligations incurred andthat will be incurred by the local board in making the paymentsprescribed by this chapter to retired members, to members who are
eligible and expect to retire during the ensuing fiscal year, and to thedependents of deceased members.
(b) At the time when the estimates are prepared and submitted, thelocal board shall also prepare and submit a certified statementshowing:
(1) the estimated number of beneficiaries from the 1953 fundduring the ensuing fiscal year in each of the variousclassifications of beneficiaries as prescribed in this chapter, andthe names and amount of benefits being paid to those activelyon the list of beneficiaries at that time;
(2) the name, age, and length of service of each member of thepolice department who is eligible to and expects to retire duringthe ensuing fiscal year, and the monthly and yearly amounts ofthe payment that the member will be entitled to receive; and
(3) the name and age of each dependent of a member of thepolice department who is then receiving benefits, the date onwhich the dependent commenced drawing benefits, and the dateon which the dependent will cease to be a dependent by reasonof attaining the age limit prescribed by this chapter, and themonthly and yearly amounts of the payments to which each ofthe dependents is entitled.
(c) After the amounts of receipts and disbursements shown in theitemized estimate are fixed and approved by the executive, fiscalofficer, legislative body and other bodies, as provided by law forother municipal funds, the total receipts shall be deducted from thetotal expenditures stated in the itemized estimate, and the amount ofthe excess shall be paid by the police special service district in thesame manner as other expenses of the district are paid. Thelegislative body shall levy a tax and the money derived from the levyshall, when collected, be credited exclusively to the 1953 fund,including the payments described in section 10.5 of this chapter. Thetax shall be levied in the amount and at the rate that is necessary toproduce sufficient revenue to equal the deficit. Notwithstanding anyother law, neither the county board of tax adjustment nor thedepartment of local government finance may reduce the tax levy.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.90-2002,SEC.490; P.L.1-2003, SEC.101; P.L.224-2007, SEC.126;P.L.146-2008, SEC.779; P.L.182-2009(ss), SEC.433.
IC 36-8-7.5-10.5
Use of certain amounts in 1953 fund
Sec. 10.5. (a) This section applies to a balance in the 1953 fundthat:
(1) accrued from property taxes;
(2) is not necessary to meet the pension, disability, and survivorbenefit payment obligations of the 1953 fund because ofamendments to IC 5-10.3-11-4.7 in 2008; and
(3) is determined under subsection (c).
(b) A local board may authorize the use of money in the 1953fund to pay any or all of the following: (1) The costs of health insurance or other health benefitsprovided to members, survivors, and beneficiaries of the 1953fund.
(2) The consolidated city's employer contributions underIC 36-8-8-6.
(3) The contributions paid by the consolidated city for amember under IC 36-8-8-8(a).
(c) The maximum amount that may be used under subsection (b)is equal to the sum of the following:
(1) the unencumbered balance of the 1953 fund on December31, 2008; plus
(2) the amount of property taxes:
(A) imposed for an assessment date before January 16, 2008,for the benefit of the 1953 fund; and
(B) deposited in the 1953 fund after December 31, 2008.
As added by P.L.182-2009(ss), SEC.434.
IC 36-8-7.5-11
Investments of local board
Sec. 11. (a) The local board shall determine how much of the1953 fund may be safely invested and how much should be retainedfor the needs of the fund. The investment shall be made in interestbearing direct obligations of the United States, obligations or issuesguaranteed by the United States, bonds of the state of Indiana or anypolitical subdivision, or street, sewer, or other improvement bondsof the state of Indiana or any political subdivision. However, thelocal board may not invest in obligations issued by the consolidatedcity, the county, or any political subdivision in the county. Anysecurities shall be deposited with and remain in the custody of thetreasurer of the local board, who shall collect the interest due onthem as it becomes due and payable. The local board may sell any ofthe securities belonging to the 1953 fund and borrow money upon thesecurities as collateral whenever in the judgment of the local boardthis action is necessary to meet the cash requirements of the 1953fund.
(b) The revenues derived from the tax levy authorized by section10(c) of this chapter may not be invested but shall be used for theexclusive purpose of paying the pensions and benefits that the localboard is obligated to pay. These revenues are in addition to all moneyderived from the income on the investments of the board.
(c) Investments under this section are subject to section 1.5 of thischapter.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.55-1989,SEC.58.
IC 36-8-7.5-12
Voluntary retirement pension; emergency services
Sec. 12. (a) Benefits paid under this section are subject to section1.5 of this chapter.
(b) The 1953 fund shall be used to provide a member of the police
department who retires from active duty after twenty (20) or moreyears of active duty an annual pension equal to fifty percent (50%)of the salary of a first class patrolman in the police department, plus:
(1) for a member who retires before January 1, 1986, twopercent (2%) of the first class patrolman's salary for each yearof service; or
(2) for a member who retires after December 31, 1985, onepercent (1%) of the first class patrolman's salary for each six (6)months of service;
of the retired member over twenty (20) years. The pension may notexceed in any year an amount greater than seventy-four percent(74%) of the salary of a first class patrolman. The pensions shall becomputed on an annual basis but shall be paid in twelve (12) equalmonthly installments. If the salary of a first class patrolman isincreased or decreased, the pension payable shall be proportionatelyincreased or decreased.
(c) If a member retires upon his voluntary application after twenty(20) years or more of active service, he then relinquishes all rights toother benefits or pensions for disability during the time of hisretirement.
(d) After retirement the member is not required to render furtherservices on the police department and is no longer subject to the rulesof the police department, unless a national emergency has beendeclared by the local board, on application by the executive, thesafety board, and the police chief of the city. Upon declaration ofsuch an emergency, the retired member, if physically able, shallreturn to active duty under the rank he attained at the time of hisretirement, and if he refuses to return to active duty upon beingdeclared physically fit, he forfeits his right to receive his pensionuntil the time he returns to active duty and again is retired ordischarged from service.
(e) No pension, annuity, or benefit provided by this chapter ispayable by the local board except upon written application by themember of the police department, or the surviving spouse or otherdependent, upon the forms and with the information required by thelocal board.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.342-1985,SEC.4; P.L.55-1989, SEC.59.
IC 36-8-7.5-12.5
Reemployment after retirement
Sec. 12.5. (a) Not less than thirty (30) days after a member retiresfrom a police department covered by this chapter, the member may:
(1) be rehired by the same consolidated city that employed themember as a police officer for a position other than that of afull-time, fully paid police officer; and
(2) continue to receive the member's pension benefit under thischapter.
(b) This section may be implemented unless the local boardreceives from the Internal Revenue Service a determination that
prohibits the implementation.
As added by P.L.130-2008, SEC.6.
IC 36-8-7.5-13
Disability retirement; benefits; procedure for determination ofdisability and reinstatement; period of disability credited
Sec. 13. (a) For a member who becomes disabled before July 1,2000, the 1953 fund shall be used to pay a pension in an annual sumequal to:
(1) fifty percent (50%) for a disease or disability occurringbefore July 1, 1991; and
(2) fifty-five percent (55%) for a disease or disability occurringafter June 30, 1991;
of the salary of a first class patrolman in the police department,computed and payable as prescribed by section 12(b) of this chapter,to an active member of the police department who has been in activeservice for more than one (1) year and who has suffered orcontracted a mental or physical disease or disability that renders themember permanently unfit for active duty in the police department,or to an active member of the police department who has been inactive service for less than one (1) year who has suffered or receivedpersonal injury from violent external causes while in the actualdischarge of the member's duties as a police officer. The pensionsprovided for in this subsection shall be paid only so long as themember of the police department remains unfit for active duty in thepolice department.
(b) For a member who becomes disabled after June 30, 2000, the1953 fund shall be used to pay a pension in an annual sum equal tofifty-five percent (55%) of the salary of a first class patrolman in thepolice department, computed on an annual basis and payable intwelve (12) equal monthly installments, to an active member of thepolice department who:
(1) has suffered or incurred a disability that renders the memberpermanently unfit for active duty in the police department andthat is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member ison duty;
(ii) a personal injury that occurs while the fund member isoff duty and is responding to an offense or a reportedoffense; or
(iii) an occupational disease (as defined in IC 22-3-7-10),including a duty related disease that is also includedwithin clause (B);
(B) a duty related disease (for purposes of this section, a"duty related disease" means a disease arising out of the fundmember's employment. A disease is considered to arise outof the fund member's employment if it is apparent to therational mind, upon consideration of all of thecircumstances, that: (i) there is a connection between the conditions underwhich the fund member's duties are performed and thedisease;
(ii) the disease can be seen to have followed as a naturalincident of the fund member's duties as a result of theexposure occasioned by the nature of the fund member'sduties; and
(iii) the disease can be traced to the fund member'semployment as the proximate cause); or
(C) a disability presumed incurred in the line of duty underIC 5-10-13 or IC 5-10-15; and
(2) is unable to perform the essential functions of the job,considering reasonable accommodation to the extent requiredby the Americans with Disabilities Act.
The pensions provided for in this subsection shall be paid only solong as the member of the police department remains unfit for activeduty in the police department. If the salary of a first class patrolmanis increased or decreased, the pension payable shall beproportionately increased or decreased. However, the monthlypension payable to a member or survivor may not be reduced belowthe amount of the first full monthly pension received by that person.
(c) For a member who becomes disabled after June 30, 2000, the1953 fund shall be used to pay a pension in an annual sum equal tofifty-five percent (55%) of the salary of a first class patrolman in thepolice department, computed on an annual basis and payable intwelve (12) equal monthly installments, to an active member of thepolice department who has been in active service for at least one (1)year and:
(1) has suffered or incurred a disability that:
(A) renders the member permanently unfit for active duty inthe police department; and
(B) is not described in subsection (b)(1); and
(2) is unable to perform the essential functions of the job,considering reasonable accommodation to the extent requiredby the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long asthe member of the police department remains unfit for active duty inthe police department. If the salary of a first class patrolman isincreased or decreased, the pension payable shall be proportionatelyincreased or decreased. However, the monthly pension payable to amember or survivor may not be reduced below the amount of the firstfull monthly pension received by that person.
(d) For a member who became disabled before July 1, 2000, the1953 fund shall be used to pay temporary benefits in an annual sumequal to thirty percent (30%) of the salary of a first class patrolmanin the police department, computed and payable as prescribed bysection 12(a) of this chapter, to an active member of the policedepartment who has been in active service for more than one (1) yearand who has suffered any physical or mental disability that rendersthe member temporarily or permanently unable to perform the
member's duties as a member of the police department, or to anactive member of the police department who has been in activeservice for less than one (1) year and who has suffered or receivedpersonal injury from violent external causes while in the actualdischarge of the member's duties as a police officer, until the time themember is physically and mentally able to return to active service onthe police department.
(e) For a member who becomes disabled after June 30, 2000, the1953 fund shall be used to pay a pension in an annual sum equal tothirty percent (30%) of the salary of a first class patrolman in thepolice department, computed on an annual basis and payable intwelve (12) equal monthly installments, to an active member of thepolice department who:
(1) suffers or incurs a disability that renders the membertemporarily unfit for active duty in the police department andthat is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member ison duty;
(ii) a personal injury that occurs while the fund member isoff duty and is responding to an offense or a reportedoffense, in the case of a police officer; or
(iii) an occupational disease (as defined in IC 22-3-7-10),including a duty related disease that is also includedwithin clause (B);
(B) a duty related disease (for purposes of this section, a"duty related disease" means a disease arising out of the fundmember's employment. A disease is considered to arise outof the fund member's employment if it is apparent to therational mind, upon consideration of all of thecircumstances, that:
(i) there is a connection between the conditions underwhich the fund member's duties are performed and thedisease;
(ii) the disease can be seen to have followed as a naturalincident of the fund member's duties as a result of theexposure occasioned by the nature of the fund member'sduties; and
(iii) the disease can be traced to the fund member'semployment as the proximate cause); or
(C) a disability presumed incurred in the line of duty underIC 5-10-13 or IC 5-10-15; and
(2) is unable to perform the essential functions of the job,considering reasonable accommodation to the extent requiredby the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long asthe member of the police department remains unfit for active duty inthe police department. If the salary of a first class patrolman isincreased or decreased, the pension payable shall be proportionatelyincreased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the firstfull monthly pension received by that person.
(f) For a member who becomes disabled after June 30, 2000, the1953 fund shall be used to pay temporary benefits in an annual sumequal to thirty percent (30%) of the salary of a first class patrolmanin the police department, computed on an annual basis and payablein twelve (12) equal monthly installments, to an active member of thepolice department:
(1) who has been in active service for at least one (1) year;
(2) suffers or incurs a disability that:
(A) renders the member temporarily unfit for active duty inthe police department; and
(B) is not described in subsection (e)(1); and
(3) is unable to perform the essential functions of the job,considering reasonable accommodation to the extent requiredby the Americans with Disabilities Act.
The pension provided for in this subsection shall be paid only so longas the member of the police department remains unfit for active dutyin the police department. If the salary of a first class patrolman isincreased or decreased, the pension payable shall be proportionatelyincreased or decreased. However, the monthly pension payable to amember or survivor may not be reduced below the amount of the firstfull monthly pension received by that person.
(g) If an application is made by an active member of the policedepartment because of physical or mental disability for temporarybenefits as provided in subsection (d), (e), or (f), the benefit is notpayable until the local board determines after a hearing conductedunder IC 36-8-8-12.7 that the member is unfit for active duty on thepolice department, considering reasonable accommodation to theextent required by the Americans with Disabilities Act. Before thehearing, a physician to be appointed by the local board shall examinethe member and certify in writing whether in the physician's opinionthe member is unfit, physically or mentally, for active duty in thepolice department. After the pension or benefit has been granted bythe local board, the payment commences with the original date of theinjury or illness causing the disability.
(h) A member who has been granted a disability benefit under thissection and who fails or refuses to submit to a physical examinationat any time by the local board physician has no right in the future toreceive the disability benefit, and any benefit that has been grantedshall be immediately canceled by the local board.
(i) The local board may, from time to time, require a member ofthe police department who is receiving at any time disability benefitsor pensions as provided in this section to be examined by thephysician appointed by the local board. After the examination, thelocal board shall conduct a hearing under IC 36-8-8-12.7 todetermine whether the disability still exists and whether the membershould continue to receive the pension or benefit. If after theexamination and hearing the member is found to have recoveredfrom the member's disability and is fit for active duty on the police
department, then upon written notice to the member by the localboard, the member shall be reinstated in active service, the safetyboard shall be informed of the action of the local board, and fromthat time the member is no longer entitled to payments from the 1953fund. If the member fails or refuses to return to active duty afterordered by the local board, the member ceases to be a member of the1953 fund and waives all rights to any further pensions or benefitsprovided by the 1953 fund.
(j) Notwithstanding any other provision of this chapter, nodisability benefit may be paid for any disability based upon or causedby any mental or physical condition that a member had at the timethe member entered or reentered the member's active service in thepolice department.
(k) If a member who is receiving disability benefits undersubsection (a), (b), or (c) for a disease or disability occurring afterJune 30, 1991, is transferred from disability to regular retirementstatus, the member's monthly pension may not be reduced belowfifty-five percent (55%) of the salary of a first class patrolman at thetime of payment of the pension.
(l) To the extent required by the Americans with Disabilities Act,the transcripts, reports, records, and other material compiled todetermine the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
(m) A fund member who is receiving disability benefits undersubsection (d) or (f) shall be transferred from disability to regularretirement status when the member becomes fifty-five (55) years ofage.
(n) A fund member who is receiving disability benefits undersubsection (e) is entitled to:
(1) receive a disability benefit for the remainder of the fundmember's life; and
(2) have the amount of the disability benefit computed undersection 12 of this chapter when the fund member becomesfifty-five (55) years of age.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.311-1989,SEC.5; P.L.226-1991, SEC.1; P.L.4-1992, SEC.42; P.L.118-2000,SEC.17; P.L.246-2001, SEC.15; P.L.185-2002, SEC.9; P.L.62-2006,SEC.5.
IC 36-8-7.5-13.2
Determination whether disability in line of duty
Sec. 13.2. (a) If a local board determines that a fund member hasa temporary or a permanent disability, the local board shall also makea recommendation to the 1977 fund advisory committee concerningwhether the disability is:
(1) a disability in the line of duty (as described in section13(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than adisability described in section 13(b)(1) of this chapter).The local board shall forward its recommendation to the 1977 fundadvisory committee.
(b) The 1977 fund advisory committee shall review the localboard's recommendation not later than forty-five (45) days afterreceiving the recommendation and shall then issue an initialdetermination of whether the disability is in the line of duty or not inthe line of duty. The 1977 fund advisory committee shall notify thelocal board, the safety board, and the fund member of its initialdetermination.
(c) The fund member, the safety board, or the local board mayobject in writing to the 1977 fund advisory committee's initialdetermination under subsection (b) not later than fifteen (15) daysafter the initial determination is issued. If a written objection is notfiled, the 1977 fund advisory committee's initial determinationbecomes final. If a timely written objection is filed, the 1977 fundadvisory committee shall issue a final determination after a hearing.The final determination must be issued not later than one hundredeighty (180) days after the date of receipt of the local board'srecommendation.
As added by P.L.118-2000, SEC.18.
IC 36-8-7.5-13.6
Members dying other than in line of duty
Sec. 13.6. (a) This section applies to an active or retired memberwho dies other than in the line of duty (as defined in section 14.1 ofthis chapter).
(b) The 1953 fund shall be used to pay an annuity, computedunder subsection (g) and payable in monthly installments, to thesurviving spouse of a member of the fund who dies from any causeafter having served for one (1) year or more. The annuity continuesduring the life of the surviving spouse unless the spouse remarriedbefore September 1, 1983. If the spouse remarried before September1, 1983, benefits ceased on the date of remarriage. If a member of thefund died, but not in the line of duty, and the member's survivingspouse remarried before September 1, 1983, the benefits of thesurviving spouse shall be reinstated on July 1, 1997, and continueduring the life of the surviving spouse.
(c) The 1953 fund shall also be used to pay an annuity equal totwenty percent (20%) of the salary of a first class patrolman on thepolice department, computed as provided in section 12(b) of thischapter and payable in monthly installments, to each dependent childof a member of the fund who dies from any cause after having servedfor one (1) year or more as an active member of the policedepartment. The pension to each child continues:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if thechild is enrolled in and regularly attending a secondary schoolor 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. However, the pension to the child ceasesif the child marries or is legally adopted by any person.
(d) If a deceased member leaves no surviving spouse and no childwho qualifies for a benefit under subsection (c) but does leave adependent parent or parents, the 1953 fund is used to pay an annuitynot greater than a sum equal to twenty percent (20%) of the salary ofa first class patrolman on the police department, computed andpayable as provided in section 12(b) of this chapter, payable monthlyto the dependent parent or parents of a member of the policedepartment who dies from any cause after having served for one (1)year or more as an active member of the police department. Theannuity continues for the remainder of the life or lives of the parentor parents as long as either or both fail to have sufficient otherincome for their proper care, maintenance, and support.
(e) In all cases of payment to a dependent relative of a deceasedmember, the local board is the final judge of the question ofnecessity and dependency and of the amount within the stated limitsto be paid. The local board may also reduce or terminate temporarilyor permanently a payment to a dependent relative of a deceasedmember when it determines that the condition of the 1953 fund orother circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased ordecreased, the pension payable under this section shall beproportionately increased or decreased. However, the monthlypension payable to a member or survivor may not be reduced belowthe amount of the first full monthly pension received by that person.
(g) Except as otherwise provided in this subsection, the annuitypayable under subsection (b) equals one (1) of the following:
(1) For the surviving spouse of a member who dies beforeJanuary 1, 1989, thirty percent (30%) of the salary of a firstclass patrolman.
(2) For the surviving spouse of a member who dies afterDecember 31, 1988, an amount per month during the spouse'slife equal to the greater of:
(A) thirty percent (30%) of the monthly pay of a first classpatrolman; or
(B) fifty-five percent (55%) of the monthly benefit thedeceased member was receiving or was entitled to receive onthe date of the member's death.
However, if the deceased member was not entitled to a benefitbecause the member had not completed twenty (20) years of service,for the purposes of computing the amount under subdivision (2)(B)the member's benefit is considered to be fifty percent (50%) of themonthly salary of a first class patrolman. The amount provided inthis subdivision is subject to adjustment as provided in subsection(f).
As added by P.L.118-2000, SEC.19. Amended by P.L.1-2001,SEC.44.
IC 36-8-7.5-13.7
Members dying in line of duty before September 1, 1982
Sec. 13.7. (a) This section applies to a member who died in theline of duty (as defined in section 14.1 of this chapter) beforeSeptember 1, 1982.
(b) The 1953 fund shall be used to pay an annuity, computedunder subsection (g) and payable in monthly installments, to thesurviving spouse of a member. The annuity continues during the lifeof the surviving spouse unless the spouse remarried beforeSeptember 1, 1983. If the spouse remarried before September 1,1983, benefits ceased on the date of remarriage. If a member of thefund died, but not in the line of duty, and the member's survivingspouse remarried before September 1, 1983, the benefits of thesurviving spouse shall be reinstated on July 1, 1997, and continueduring the life of the surviving spouse.
(c) The 1953 fund shall also be used to pay an annuity equal totwenty percent (20%) of the salary of a first class patrolman on thepolice department, computed as provided in section 12(b) of thischapter and payable in monthly installments, to each dependent childof a member of the fund who dies from any cause while in the actualdischarge of duties as a police officer. The pension to each childcontinues:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if thechild is enrolled in and regularly attending a secondary schoolor is a full-time student at an accredited college or university;or
(3) during the entire period of the child's physical or mentaldisability;
whichever period is longest. However, the pension to the child ceasesif the child marries or is legally adopted by any person.
(d) If a deceased member leaves no surviving spouse and no childwho qualifies for a benefit under subsection (c) but does leave adependent parent or parents, the 1953 fund shall be used to pay anannuity not greater than a sum equal to twenty percent (20%) of thesalary of a first class patrolman on the police department, computedand payable as provided in section 12(b) of this chapter, payablemonthly to the dependent parent or parents of a member of the policedepartment. The annuity continues for the remainder of the life orlives of the parent or parents as long as either or both fail to havesufficient other income for their proper care, maintenance, andsupport.
(e) In all cases of payment to a dependent relative of a deceasedmember, the local board is the final judge of the question ofnecessity and dependency and of the amount within the stated limitsto be paid. The local board may also reduce or terminate temporarilyor permanently a payment to a dependent relative of a deceasedmember when it determines that the condition of the 1953 fund orother circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased or
decreased, the pension payable under this section shall beproportionately increased or decreased. However, the monthlypension payable to a member or survivor may not be reduced belowthe amount of the first full monthly pension received by that person.
(g) The annuity payable under subsection (b) equals thirty percent(30%) of the salary of a first class patrolman. The amount providedin this subsection is subject to adjustment as provided in subsection(f).
(h) The unit of local government that employed the deceasedmember shall after December 31, 2003, offer to provide and pay forhealth insurance coverage for the member's surviving spouse and foreach 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 thechild is enrolled in and regularly attending a secondary schoolor is a full-time student at an accredited college or university;or
(3) during the entire period of the child's physical or mentaldisability;
whichever period is longest. If health insurance coverage is offeredby the unit to active members, the health insurance provided to asurviving spouse and child under this subsection must be equal incoverage to that offered to active members. The offer to provide andpay for health insurance coverage shall remain open for as long asthere is a surviving spouse or as long as a natural child, stepchild, oradopted child of the member is eligible for coverage undersubdivision (1), (2), or (3).
As added by P.L.118-2000, SEC.20. Amended by P.L.1-2001,SEC.45; P.L.86-2003, SEC.6.
IC 36-8-7.5-13.8
Death benefits paid to beneficiary or estate of member
Sec. 13.8. (a) Benefits paid under this section are subject tosection 1.5 of this chapter.
(b) The 1953 fund shall be used to pay twelve thousand dollars($12,000) to the beneficiary or estate of a member of the fund, activeor retired, who:
(1) dies from any cause after having served for one (1) year ormore as an active member of the police department; or
(2) dies from any cause while in the actual discharge of themember's duties as a police officer after having served less thanone (1) year as an active member of the police department.
Any member of the fund may name a beneficiary to receive theamount provided for upon the member's death by designating inwriting in such form as is prescribed by the local board and deliveredto the board. The beneficiary may be changed from time to time bythe member by canceling the designation and delivering a newdesignation to the local board. If the member makes no designationof beneficiary, the sum provided for shall be paid to the member'sestate.As added by P.L.200-1984, SEC.4. Amended by P.L.346-1985,SEC.1; P.L.47-1988, SEC.4; P.L.55-1989, SEC.60; P.L.197-1993,SEC.5; P.L.169-1994, SEC.4; P.L.