CHAPTER 10. SPECIAL DEATH BENEFIT FUND
IC 5-10-10
Chapter 10. Special Death Benefit Fund
IC 5-10-10-1
"Board" defined
Sec. 1. As used in this chapter, "board" refers to the board oftrustees of the public employees' retirement fund.
As added by P.L.44-1988, SEC.1.
IC 5-10-10-1.5
"Correctional officer" defined
Sec. 1.5. As used in this chapter, "correctional officer" includes:
(1) a county jail officer under IC 11-12-4-4;
(2) a person who has received a correctional officer trainingcertificate under IC 11-8-2-8;
(3) a prison matron or an assistant prison matron underIC 36-8-10-5;
(4) any other person whose duties include the daily or ongoingsupervision and care of persons who are lawfully detained (asdefined in IC 35-41-1-18) in a facility operated by the state ora political subdivision of the state; and
(5) a hazardous duty employee of the department of correctionwho:
(A) works within a prison or juvenile facility; or
(B) performs parole or emergency response operations andfunctions.
As added by P.L.42-1991, SEC.1. Amended by P.L.8-2006, SEC.1.
IC 5-10-10-2
"Dies in the line of duty" defined
Sec. 2. As used in this chapter, "dies in the line of duty" refers toa death that occurs as a direct result of personal injury or illnessresulting from any action that the public safety officer, in the publicsafety officer's capacity as a public safety officer, is obligated orauthorized by rule, regulation, condition of employment or service,or law to perform in the course of controlling or reducing crime orenforcing the criminal law. For purposes of a public safety officerwho is an employee (as defined in IC 5-10-13-2), the term includesa death presumed incurred in the line of duty under IC 5-10-13.
As added by P.L.44-1988, SEC.1. Amended by P.L.52-1993, SEC.1;P.L.185-2002, SEC.2.
IC 5-10-10-3
"Fund" defined
Sec. 3. As used in this chapter, "fund" refers to the special deathbenefit fund.
As added by P.L.44-1988, SEC.1.
IC 5-10-10-4
"Public safety officer" defined Sec. 4. As used in this chapter, "public safety officer" means anyof the following:
(1) A state police officer.
(2) A county sheriff.
(3) A county police officer.
(4) A correctional officer.
(5) An excise police officer.
(6) A county police reserve officer.
(7) A city police reserve officer.
(8) A conservation enforcement officer.
(9) A town marshal.
(10) A deputy town marshal.
(11) A probation officer.
(12) A state educational institution police officer appointedunder IC 21-39-4.
(13) A police officer whose employer purchases coverage undersection 4.5 of this chapter.
(14) An emergency medical services provider (as defined inIC 16-41-10-1) who is:
(A) employed by a political subdivision (as defined inIC 36-1-2-13); and
(B) not eligible for a special death benefit underIC 36-8-6-20, IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
(15) A firefighter who is employed by the fire department of astate university.
(16) A firefighter whose employer purchases coverage undersection 4.5 of this chapter.
(17) A member of a consolidated law enforcement departmentestablished under IC 36-3-1-5.1.
(18) A gaming agent of the Indiana gaming commission.
(19) A person who is:
(A) employed by a political subdivision (as defined inIC 36-1-2-13); and
(B) appointed as a special deputy under IC 36-8-10-10.6.
(20) A school corporation police officer appointed underIC 20-26-16.
(21) A gaming control officer of the Indiana gamingcommission.
(22) An eligible chaplain who meets the requirements of section4.7 of this chapter.
As added by P.L.44-1988, SEC.1. Amended by P.L.42-1991, SEC.2;P.L.52-1993, SEC.2; P.L.66-2000, SEC.1; P.L.246-2001, SEC.1;P.L.56-2003, SEC.1; P.L.10-2005, SEC.1; P.L.227-2005, SEC.3;P.L.170-2005, SEC.16; P.L.1-2006, SEC.96; P.L.43-2006, SEC.1;P.L.2-2007, SEC.84; P.L.132-2007, SEC.4; P.L.227-2007, SEC.56;P.L.3-2008, SEC.26; P.L.115-2008, SEC.2.
IC 5-10-10-4.5
Special death benefits coverage purchased for eligible officers
Sec. 4.5. (a) As used in this section, "eligible officer" means a
police officer or firefighter whose employer purchases coverageunder this section.
(b) As used in this section, "employer" means:
(1) with respect to a police officer:
(A) a postsecondary educational institution, other than astate educational institution, that appoints a police officerunder IC 21-17-5; or
(B) an operator that employs the police officer underIC 8-22-3-34(b); or
(2) with respect to a firefighter:
(A) a postsecondary educational institution, other than astate educational institution, located in Indiana that:
(i) maintains a fire department;
(ii) employs firefighters for the fire department; and
(iii) is accredited by the North Central Association; or
(B) an operator that enters into an operating agreement underIC 5-23 for the operation of a public use airport that:
(i) maintains a fire department; and
(ii) employs firefighters for the fire department.
(c) If an employer purchases coverage for an eligible officer, theeligible officer is eligible for a special death benefit from the fund inthe same manner that any other public safety officer is eligible for aspecial death benefit from the fund. The cost of the coverage shall beone hundred dollars ($100) for each eligible officer annually. Thecost of the coverage shall be paid to the board for deposit in the fund.
(d) If an employer elects to provide coverage under this section,the employer must purchase coverage for all eligible officers of theemployer. The board shall allow an employer to purchase coverageby making quarterly payments on dates prescribed by the board.
As added by P.L.10-2005, SEC.2. Amended by P.L.43-2006, SEC.2;P.L.2-2007, SEC.85.
IC 5-10-10-4.7
Special death benefit for eligible chaplain
Sec. 4.7. (a) As used in this section, "eligible chaplain" means anindividual who is appointed or officially designated to serve, with orwithout compensation, as a chaplain of any of the following:
(1) A law enforcement agency (as defined in IC 4-33-2-11.6).
(2) A full-time police department of a political subdivision (asdefined in IC 36-1-2-13).
(3) A full-time fire department of a political subdivision (asdefined in IC 36-1-2-13).
(4) A volunteer fire department (as defined in IC 36-8-12-2).
(5) A sheriff's department of a county.
(b) An eligible chaplain who dies as a direct result of personalinjury or illness resulting from the eligible chaplain's performance ofduties as a chaplain for the agency or department that the eligiblechaplain was appointed or officially designated to serve is eligiblefor a special death benefit from the fund in the same manner as anyother public safety officer is eligible for a benefit from the fund.As added by P.L.115-2008, SEC.3.
IC 5-10-10-5
Establishment of fund; source of funding; administration;investments; reversion
Sec. 5. (a) The special death benefit fund is established for thepurpose of paying lump sum death benefits under section 6 of thischapter. The fund consists of the fees remitted to the board underIC 35-33-8-3.2 and section 4.5 of this chapter. The fund shall beadministered by the board. The expenses of administering the fundshall be paid from money in the fund.
(b) The board shall invest the money in the fund not currentlyneeded to meet the obligations of the fund in the same manner as theboard's other funds may be invested. Interest that accrues from theseinvestments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.44-1988, SEC.1. Amended by P.L.1-1990, SEC.58;P.L.107-1998, SEC.1; P.L.10-2005, SEC.3; P.L.1-2006, SEC.97.
IC 5-10-10-6
Special death benefits; suspension of payment
Sec. 6. (a) Except as provided in subsection (b), a special deathbenefit of seventy-five thousand dollars ($75,000) for a public safetyofficer who dies in the line of duty before January 1, 1998, and onehundred fifty thousand dollars ($150,000) for a public safety officerwho dies in the line of duty after December 31, 1997, shall be paidin a lump sum from the fund to the following relative of a publicsafety officer who dies in the line of duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (tobe shared equally).
(3) If there is no surviving spouse and there are no survivingchildren, to the parent or parents in equal shares.
(b) If the fund would be reduced below two hundred fiftythousand dollars ($250,000) by payment in full of all claims thatbecome final in any month, the board shall proceed as follows:
(1) The board shall suspend payment of the claims that becomefinal during that month and the following two (2) months.
(2) At the end of the suspension period, the board shall pay allsuspended claims. If the fund would be exhausted by paymentin full of all suspended claims, the amount paid to eachclaimant shall be prorated.
As added by P.L.44-1988, SEC.1. Amended by P.L.42-1991, SEC.3;P.L.53-1993, SEC.1; P.L.49-1998, SEC.1.
IC 5-10-10-7
Other benefits; effect
Sec. 7. The special death benefit provided by this chapter is inaddition to any other benefits provided by state or federal law.As added by P.L.44-1988, SEC.1.