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 members
of police departments hired before May 1, 1977, by a consolidated
city.
(b) A police officer with twenty (20) years of service is covered
by 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(2) the officer did not convert under IC 19-1-17.8-7 (repealed
September 1, 1981);
(3) the officer was not a member of the 1953 fund because:
(A) the officer's employment was on a temporary or
emergency status under a statute in effect before February
25, 1953;
(B) the officer failed to pass a five (5) year physical
requirement under such a statute; or
(C) the officer was a war veteran without pension status;
(4) the officer submitted to a physical medical examination, if
required by the local board, and the results were satisfactory;
and
(5) the officer was accepted by the local board as a member of
the 1953 fund upon payment of all dues required for the
officer's entire time as a member of the police department.
(c) A police officer is covered by this chapter and not by
IC 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(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 1981).
(d) A police officer is covered by this chapter and not by
IC 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(2) did not convert under IC 19-1-17.8-7 (repealed September
1, 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 before
regular employment; and
(6) paid into the 1953 fund by not later than January 1, 1968, all
dues for the period the officer was on temporary or emergency
status.
(e) A police officer who:
(1) is covered by this chapter before consolidation under
IC 36-3-1-5.1; and
(2) becomes a member of the consolidated law enforcement
department through consolidation under IC 36-3-1-5.1;
is covered by this chapter after the effective date of the
consolidation, and the officer's service as a member of the
consolidated law enforcement department is considered active
service under this chapter.
(f) In computing the length of active service rendered by any
police officer for the purpose of determining the expiration of a
period of twenty (20) years of active service, all of the following
periods are counted:
(1) All of the time the officer performed the duties of the
officer's position in active service.
(2) Vacation time or periods of leave of absence with whole or
part pay.
(3) Periods of leave of absence without pay that were necessary
on account of physical or mental disability.
(4) Periods of disability for which the officer will receive or has
received any disability benefit.
(g) In computing the term of service there is not included any of
the following:
(1) Periods during which the police officer was or is suspended
or on leave of absence without pay.
(2) Periods during which the officer was not in active service on
account of the officer's resignation from the department.
(3) Time served as a special police officer, a merchant police
officer, 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; benefit
limitations
Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
(b) The 1953 fund shall satisfy the qualification requirements in
Section 401 of the Internal Revenue Code, as applicable to the 1953
fund. In order to meet those requirements, the 1953 fund is subject
to the following provisions, notwithstanding any other provision of
this chapter:
(1) The local board shall distribute the corpus and income of the
1953 fund to members and their beneficiaries in accordance
with this chapter.
(2) No part of the corpus or income of the 1953 fund may be
used or diverted to any purpose other than the exclusive benefit
of the members and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits
any member would otherwise receive under this chapter.
(4) If the 1953 fund is terminated, or if all contributions to the
1953 fund are completely discontinued, the rights of each
affected member to the benefits accrued at the date of the
termination or discontinuance, to the extent then funded, are
nonforfeitable.
(5) All benefits paid from the 1953 fund shall be distributed in
accordance with the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations under that section.
In order to meet those requirements, the 1953 fund is subject to
the following provisions:
(A) The life expectancy of a member, the member's spouse,
or the member's beneficiary shall not be recalculated after
the initial determination, for purposes of determining
benefits.
(B) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin
no later than December 31 of the calendar year immediately
following the calendar year in which the member died.
(C) The amount of an annuity paid to a member's beneficiary
may not exceed the maximum determined under the
incidental death benefit requirement of the Internal Revenue
Code.
(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 are
considered officers, supervisors, or highly compensated, as
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 local board may not engage in a transaction prohibited
by Section 503(b) of the Internal Revenue Code.
(c) Notwithstanding any other provision of this chapter, and solely
for the purposes of the benefits provided under this chapter, the
benefit limitations of Section 415 of the Internal Revenue Code shall
be determined by applying the provisions of Section 415(b)(10) of
the Internal Revenue Code, as amended by the Technical and
Miscellaneous Revenue Act of 1988. This section constitutes an
election under Section 415(b)(10)(C) of the Internal Revenue Code
to have Section 415(b) of the Internal Revenue Code, other than
Section 415(b)(2)(G) of the Internal Revenue Code, applied without
regard to Section 415(b)(2)(F) of the Internal Revenue Code to
anyone 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 Disabilities
Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101
et 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 is
consistent with the Americans with Disabilities Act, to the extent
required 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 is
established 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 police
chief.
(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 a
meeting of the retired members of the 1953 fund. The trustees under
subsection (b)(3) shall be elected at a meeting of the active members
of the police department. The trustees are elected for terms of three
(3) years, beginning on January 1 following the election, and
succeeding those trustees whose terms of office expire on that date.
(d) If a vacancy occurs on the local board among those trustees
elected by the police department, the remaining trustees of the local
board shall fill the vacancy for the unexpired term of the trustee
causing the vacancy, from the same class of members, active or
retired, as was the trustee causing the vacancy.
(e) Any trustee of the local board elected as an active member of
the police department automatically ceases to be a member of the
local board if he ceases, for any reason, to be an active member of
the police department and the vacancy shall be filled as provided in
subsection (d).
(f) The trustees receive no compensation for their services and
shall be paid only their necessary and actual expenses, including
travel expenses, out of the fund in the custody of the treasurer, for
acting upon matters related to the 1953 fund. The submission of
expenses by any local board member and the authorization by the
local board at regular meeting is sufficient authorization to the
treasurer 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 and
canvassing of the votes;
(3) the collection of all money and other property due or
belonging to the 1953 fund;
(4) all matters connected with the care, preservation, and
disbursement of the fund; and
(5) all other matters connected with the proper execution of this
chapter.
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, the
police chief is its vice president, the county treasurer is its treasurer,
and the local board shall elect a secretary. The secretary shall be paid
out of the 1953 fund a sum for his services as fixed by the local
board.
(b) The treasurer:
(1) has custody of all property, money, and securities belonging
to the 1953 fund and shall collect the principal and interest on
them;
(2) is liable on his bond as a county officer for the faithful
accounting of all money and securities belonging to the 1953
fund that come into his hands;
(3) shall keep a separate account showing at all times the true
condition of the 1953 fund; and
(4) shall, upon the expiration of his term of office, account to
the local board for all money and securities coming into his
hands, including the proceeds of them, and turn over to his
successor all money and securities belonging to the fund
remaining in his hands.
(c) The secretary shall:
(1) keep a true account of the proceedings of the local board
when acting upon matters relating to the 1953 fund;
(2) keep a correct statement of the accounts of each member
with the 1953 fund;
(3) give the local board a monthly account of his acts and
services as secretary;
(4) turn over to his successor all books and papers pertaining to
his office; and
(5) perform any other duties imposed upon him by the local
board.
(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 accurate
reports of their trusts to the local board on the first Monday in
February of each year, copies of which shall be filed with the city
fiscal 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 the
1953 fund, from any sources, are collected and applied to the
fund;
(2) the various sums to be deducted from the salaries of the
police officers concerned are deducted and are paid into the
1953 fund;
(3) the various sums to be contributed by the police special
service district are so contributed and are received into the 1953
fund;
(4) any revenue in form of interest upon money invested or
upon money due to the 1953 fund is received and placed into
the fund; and
(5) all other money that should accrue to the 1953 fund is
collected and paid into it.
(b) The local board shall have an audit of the accounts of the 1953
fund done at least once each biennium, by a person or persons
competent to perform the audit, if the state board of accounts fails to
examine 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 all
applications 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 any
other statute superseded by this chapter.
(c) The local board may inquire into the validity of any grant of
annuity, pension, or benefit paid from or payable out of the 1953
fund, whether the grant has been or is made in accordance with this
chapter or with a statute in effect before February 25, 1953.
(d) The local board may effect an increase, decrease, or
suspension of any grant payable from the 1953 fund whenever the
grant or any part was secured or granted, or the amount fixed, as a
result of misrepresentation, fraud, or error. However, a grant may not
be reduced or suspended until the grantee concerned is:
(1) notified of the proposed action; and
(2) given an opportunity to be heard concerning the proposed
action.
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 as
of the close of business on December 31 of the preceding year and
must contain a detailed statement of the affairs of the 1953 fund
under the control of the local board. The report must show the
income and disbursements of, and the assets and liabilities of each
fund established and maintained within the 1953 fund during the
preceding 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 or
approve the compensation of each of them, which shall be paid by
the 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 local
board for the use of the fund. The local board may take by gift,
grant, devise, or bequest any money, chose in action, personal
property, real property, or use the same for the purposes of the
1953 fund or for such purposes specified by the grantor.
(2) From money, fees, and awards of every nature that are given
to the police department of the municipality or to a member of
the department because of service or duty performed by the
department or a member. This includes fines imposed by the
safety board against a member of the department, all money
from gambling cases and from gambling devices as well as the
proceeds from the sale of lost, stolen, and confiscated property
recovered or taken into possession by members of the police
department in the performance of their duties and confiscated
by court order, and sold at a public sale in accordance with law.
(3) From an assessment made during the period of his
employment or for thirty-two (32) years, whichever is shorter,
on the salary of each member whom the local board has
accepted and designated as a beneficiary of the 1953 fund, an
amount equal to six percent (6%) of the salary of a first class
patrolman. However, the employer may pay all or a part of the
assessment for the member.
(4) From the income from investments of the 1953 fund.
(5) From the proceeds of a tax levied by the police special
service district upon taxable property in the district, which the
treasurer shall collect and credit to the 1953 fund, to be used
exclusively by the 1953 fund, including the payments described
in 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 salaries
of members of the police department and pay the sums to the
local board in the manner that the local board specifies.
(2) On the first day of each month, notify the local board of all
the following regarding members eligible for the 1953 fund that
occurred during the preceding month and state the dates upon
which 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 and
time or times specified by the local board, all information
requested by the local board concerning the service, age, salary,
residence, marital condition, spouse, children, physical
condition, mental condition, and death of any member of the
police department.
(4) Convey to the local board all information required by the
local board concerning each newly appointed member of the
police department immediately after the appointment.
(5) Certify to the pension board, as of same day in the year to be
fixed by the local board, the name of each member of the police
department to whom this chapter applies.
(6) Keep such records concerning members of the police
department as the local board may reasonably require and
specify.
(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 of
money available for a year will be insufficient to pay the benefits,
pensions, and retirement allowances the local board is obligated to
pay under this chapter, the local board shall, before the date on which
the budget of the police special service district is adopted, prepare an
itemized estimate in the form prescribed by the state board of
accounts of the amount of money that will be receipted into and
disbursed from the 1953 fund during the next fiscal year. The
estimated receipts consist of the items enumerated in section 8 of this
chapter. The estimated disbursements consist of an estimate of the
amount of money that will be needed by the local board during the
next fiscal year to defray the expenses and obligations incurred and
that will be incurred by the local board in making the payments
prescribed by this chapter to retired members, to members who are
eligible and expect to retire during the ensuing fiscal year, and to the
dependents of deceased members.
(b) At the time when the estimates are prepared and submitted, the
local board shall also prepare and submit a certified statement
showing:
(1) the estimated number of beneficiaries from the 1953 fund
during the ensuing fiscal year in each of the various
classifications of beneficiaries as prescribed in this chapter, and
the names and amount of benefits being paid to those actively
on the list of beneficiaries at that time;
(2) the name, age, and length of service of each member of the
police department who is eligible to and expects to retire during
the ensuing fiscal year, and the monthly and yearly amounts of
the payment that the member will be entitled to receive; and
(3) the name and age of each dependent of a member of the
police department who is then receiving benefits, the date on
which the dependent commenced drawing benefits, and the date
on which the dependent will cease to be a dependent by reason
of attaining the age limit prescribed by this chapter, and the
monthly and yearly amounts of the payments to which each of
the dependents is entitled.
(c) After the amounts of receipts and disbursements shown in the
itemized estimate are fixed and approved by the executive, fiscal
officer, legislative body and other bodies, as provided by law for
other municipal funds, the total receipts shall be deducted from the
total expenditures stated in the itemized estimate, and the amount of
the excess shall be paid by the police special service district in the
same manner as other expenses of the district are paid. The
legislative body shall levy a tax and the money derived from the levy
shall, when collected, be credited exclusively to the 1953 fund,
including the payments described in section 10.5 of this chapter. The
tax shall be levied in the amount and at the rate that is necessary to
produce sufficient revenue to equal the deficit. Notwithstanding any
other law, neither the county board of tax adjustment nor the
department 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 fund
that:
(1) accrued from property taxes;
(2) is not necessary to meet the pension, disability, and survivor
benefit payment obligations of the 1953 fund because of
amendments 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 1953
fund to pay any or all of the following:
(1) The costs of health insurance or other health benefits
provided to members, survivors, and beneficiaries of the 1953
fund.
(2) The consolidated city's employer contributions under
IC 36-8-8-6.
(3) The contributions paid by the consolidated city for a
member 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 December
31, 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 the
1953 fund may be safely invested and how much should be retained
for the needs of the fund. The investment shall be made in interest
bearing direct obligations of the United States, obligations or issues
guaranteed by the United States, bonds of the state of Indiana or any
political subdivision, or street, sewer, or other improvement bonds
of the state of Indiana or any political subdivision. However, the
local board may not invest in obligations issued by the consolidated
city, the county, or any political subdivision in the county. Any
securities shall be deposited with and remain in the custody of the
treasurer of the local board, who shall collect the interest due on
them as it becomes due and payable. The local board may sell any of
the securities belonging to the 1953 fund and borrow money upon the
securities as collateral whenever in the judgment of the local board
this action is necessary to meet the cash requirements of the 1953
fund.
(b) The revenues derived from the tax levy authorized by section
10(c) of this chapter may not be invested but shall be used for the
exclusive purpose of paying the pensions and benefits that the local
board is obligated to pay. These revenues are in addition to all money
derived from the income on the investments of the board.
(c) Investments under this section are subject to section 1.5 of this
chapter.
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 section
1.5 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 more
years 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, two
percent (2%) of the first class patrolman's salary for each year
of service; or
(2) for a member who retires after December 31, 1985, one
percent (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 not
exceed in any year an amount greater than seventy-four percent
(74%) of the salary of a first class patrolman. The pensions shall be
computed on an annual basis but shall be paid in twelve (12) equal
monthly installments. If the salary of a first class patrolman is
increased or decreased, the pension payable shall be proportionately
increased 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 to
other benefits or pensions for disability during the time of his
retirement.
(d) After retirement the member is not required to render further
services on the police department and is no longer subject to the rules
of the police department, unless a national emergency has been
declared by the local board, on application by the executive, the
safety board, and the police chief of the city. Upon declaration of
such an emergency, the retired member, if physically able, shall
return to active duty under the rank he attained at the time of his
retirement, and if he refuses to return to active duty upon being
declared physically fit, he forfeits his right to receive his pension
until the time he returns to active duty and again is retired or
discharged from service.
(e) No pension, annuity, or benefit provided by this chapter is
payable by the local board except upon written application by the
member of the police department, or the surviving spouse or other
dependent, upon the forms and with the information required by the
local 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 retires
from a police department covered by this chapter, the member may:
(1) be rehired by the same consolidated city that employed the
member as a police officer for a position other than that of a
full-time, fully paid police officer; and
(2) continue to receive the member's pension benefit under this
chapter.
(b) This section may be implemented unless the local board
receives 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 of
disability 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 sum
equal to:
(1) fifty percent (50%) for a disease or disability occurring
before July 1, 1991; and
(2) fifty-five percent (55%) for a disease or disability occurring
after 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 active
service for more than one (1) year and who has suffered or
contracted a mental or physical disease or disability that renders the
member permanently unfit for active duty in the police department,
or to an active member of the police department who has been in
active service for less than one (1) year who has suffered or received
personal injury from violent external causes while in the actual
discharge of the member's duties as a police officer. The pensions
provided for in this subsection shall be paid only so long as the
member of the police department remains unfit for active duty in the
police department.
(b) For a member who becomes disabled after June 30, 2000, the
1953 fund shall be used to pay a pension in an annual sum equal to
fifty-five percent (55%) of the salary of a first class patrolman in the
police department, computed on an annual basis and payable in
twelve (12) equal monthly installments, to an active member of the
police department who:
(1) has suffered or incurred a disability that renders the member
permanently unfit for active duty in the police department and
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; 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
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required
by the Americans with Disabilities Act.
The pensions provided for in this subsection shall be paid only so
long as the member of the police department remains unfit for active
duty in the police department. If the salary of a first class patrolman
is increased or decreased, the pension payable shall be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(c) For a member who becomes disabled after June 30, 2000, the
1953 fund shall be used to pay a pension in an annual sum equal to
fifty-five percent (55%) of the salary of a first class patrolman in the
police department, computed on an annual basis and payable in
twelve (12) equal monthly installments, to an active member of the
police 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 in
the 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 required
by the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long as
the member of the police department remains unfit for active duty in
the police department. If the salary of a first class patrolman is
increased or decreased, the pension payable shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(d) For a member who became disabled before July 1, 2000, the
1953 fund shall be used to pay temporary benefits in an annual sum
equal to thirty percent (30%) of the salary of a first class patrolman
in the police department, computed and payable as prescribed by
section 12(a) of this chapter, to an active member of the police
department who has been in active service for more than one (1) year
and who has suffered any physical or mental disability that renders
the member temporarily or permanently unable to perform the
member's duties as a member of the police department, or to an
active member of the police department who has been in active
service for less than one (1) year and who has suffered or received
personal injury from violent external causes while in the actual
discharge of the member's duties as a police officer, until the time the
member is physically and mentally able to return to active service on
the police department.
(e) For a member who becomes disabled after June 30, 2000, the
1953 fund shall be used to pay a pension in an annual sum equal to
thirty percent (30%) of the salary of a first class patrolman in the
police department, computed on an annual basis and payable in
twelve (12) equal monthly installments, to an active member of the
police department who:
(1) suffers or incurs a disability that renders the member
temporarily unfit for active duty in the police department and
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
(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
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required
by the Americans with Disabilities Act.
The pension provided in this subsection shall be paid only so long as
the member of the police department remains unfit for active duty in
the police department. If the salary of a first class patrolman is
increased or decreased, the pension payable shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(f) For a member who becomes disabled after June 30, 2000, the
1953 fund shall be used to pay temporary benefits in an annual sum
equal to thirty percent (30%) of the salary of a first class patrolman
in the police department, computed on an annual basis and payable
in twelve (12) equal monthly installments, to an active member of the
police 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 in
the 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 required
by the Americans with Disabilities Act.
The pension provided for in this subsection shall be paid only so long
as the member of the police department remains unfit for active duty
in the police department. If the salary of a first class patrolman is
increased or decreased, the pension payable shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(g) If an application is made by an active member of the police
department because of physical or mental disability for temporary
benefits as provided in subsection (d), (e), or (f), the benefit is not
payable until the local board determines after a hearing conducted
under IC 36-8-8-12.7 that the member is unfit for active duty on the
police department, considering reasonable accommodation to the
extent required by the Americans with Disabilities Act. Before the
hearing, a physician to be appointed by the local board shall examine
the member and certify in writing whether in the physician's opinion
the member is unfit, physically or mentally, for active duty in the
police department. After the pension or benefit has been granted by
the local board, the payment commences with the original date of the
injury or illness causing the disability.
(h) A member who has been granted a disability benefit under this
section and who fails or refuses to submit to a physical examination
at any time by the local board physician has no right in the future to
receive the disability benefit, and any benefit that has been granted
shall be immediately canceled by the local board.
(i) The local board may, from time to time, require a member of
the police department who is receiving at any time disability benefits
or pensions as provided in this section to be examined by the
physician appointed by the local board. After the examination, the
local board shall conduct a hearing under IC 36-8-8-12.7 to
determine whether the disability still exists and whether the member
should continue to receive the pension or benefit. If after the
examination and hearing the member is found to have recovered
from the member's disability and is fit for active duty on the police
department, then upon written notice to the member by the local
board, the member shall be reinstated in active service, the safety
board shall be informed of the action of the local board, and from
that time the member is no longer entitled to payments from the 1953
fund. If the member fails or refuses to return to active duty after
ordered by the local board, the member ceases to be a member of the
1953 fund and waives all rights to any further pensions or benefits
provided by the 1953 fund.
(j) Notwithstanding any other provision of this chapter, no
disability benefit may be paid for any disability based upon or caused
by any mental or physical condition that a member had at the time
the member entered or reentered the member's active service in the
police department.
(k) If a member who is receiving disability benefits under
subsection (a), (b), or (c) for a disease or disability occurring after
June 30, 1991, is transferred from disability to regular retirement
status, the member's monthly pension may not be reduced below
fifty-five percent (55%) of the salary of a first class patrolman at the
time of payment of the pension.
(l) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material compiled to
determine 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 under
subsection (d) or (f) shall be transferred from disability to regular
retirement status when the member becomes fifty-five (55) years of
age.
(n) A fund member who is receiving disability benefits under
subsection (e) is entitled to:
(1) receive a disability benefit for the remainder of the fund
member's life; and
(2) have the amount of the disability benefit computed under
section 12 of this chapter when the fund member becomes
fifty-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 has
a temporary or a permanent disability, the local board shall also make
a recommendation to the 1977 fund advisory committee concerning
whether the disability is:
(1) a disability in the line of duty (as described in section
13(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a
disability described in section 13(b)(1) of this chapter).
The local board shall forward its recommendation to the 1977 fund
advisory committee.
(b) 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.
(c) 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 (b) 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.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 member
who dies other than in the line of duty (as defined in section 14.1 of
this chapter).
(b) The 1953 fund shall be used to pay an annuity, computed
under subsection (g) and payable in monthly installments, to the
surviving spouse of a member of the fund who dies from any cause
after having served for one (1) year or more. The annuity continues
during the life of the surviving spouse unless the spouse remarried
before September 1, 1983. If the spouse remarried before September
1, 1983, benefits ceased on the date of remarriage. If a member of the
fund died, but not in the line of duty, and the member's surviving
spouse remarried before September 1, 1983, the benefits of the
surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause after having served
for one (1) year or more as an active member of the police
department. 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 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. However, the pension to the child ceases
if the child marries or is legally adopted by any person.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for a benefit under subsection (c) but does leave a
dependent parent or parents, the 1953 fund is used to pay an annuity
not greater than a sum equal to twenty percent (20%) of the salary of
a first class patrolman on the police department, computed and
payable as provided in section 12(b) of this chapter, payable monthly
to the dependent parent or parents of a member of the police
department who dies from any cause after having served for one (1)
year or more as an active member of the police department. The
annuity continues for the remainder of the life or lives of the parent
or parents as long as either or both fail to have sufficient other
income for their proper care, maintenance, and support.
(e) In all cases of payment to a dependent relative of a deceased
member, the local board is the final judge of the question of
necessity and dependency and of the amount within the stated limits
to be paid. The local board may also reduce or terminate temporarily
or permanently a payment to a dependent relative of a deceased
member when it determines that the condition of the 1953 fund or
other 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 be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the amount of the first full monthly pension received by that person.
(g) Except as otherwise provided in this subsection, the annuity
payable under subsection (b) equals one (1) of the following:
(1) For the surviving spouse of a member who dies before
January 1, 1989, thirty percent (30%) of the salary of a first
class patrolman.
(2) For the surviving spouse of a member who dies after
December 31, 1988, an amount per month during the spouse's
life equal to the greater of:
(A) thirty percent (30%) of the monthly pay of a first class
patrolman; or
(B) 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.
However, if the deceased member was not entitled to a benefit
because 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 the
monthly salary of a first class patrolman. The amount provided in
this 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 the
line of duty (as defined in section 14.1 of this chapter) before
September 1, 1982.
(b) The 1953 fund shall be used to pay an annuity, computed
under subsection (g) and payable in monthly installments, to the
surviving spouse of a member. The annuity continues during the life
of the surviving spouse unless the spouse remarried before
September 1, 1983. If the spouse remarried before September 1,
1983, benefits ceased on the date of remarriage. If a member of the
fund died, but not in the line of duty, and the member's surviving
spouse remarried before September 1, 1983, the benefits of the
surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause while in the actual
discharge of duties as a police officer. 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 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. However, the pension to the child ceases
if the child marries or is legally adopted by any person.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for a benefit under subsection (c) but does leave a
dependent parent or parents, the 1953 fund shall be used to pay an
annuity not greater than a sum equal to twenty percent (20%) of the
salary of a first class patrolman on the police department, computed
and payable as provided in section 12(b) of this chapter, payable
monthly to the dependent parent or parents of a member of the police
department. The annuity continues for the remainder of the life or
lives of the parent or parents as long as either or both fail to have
sufficient other income for their proper care, maintenance, and
support.
(e) In all cases of payment to a dependent relative of a deceased
member, the local board is the final judge of the question of
necessity and dependency and of the amount within the stated limits
to be paid. The local board may also reduce or terminate temporarily
or permanently a payment to a dependent relative of a deceased
member when it determines that the condition of the 1953 fund or
other 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 be
proportionately increased or decreased. However, the monthly
pension payable to a member or survivor may not be reduced below
the 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 provided
in this subsection is subject to adjustment as provided in subsection
(f).
(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.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 to
section 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, active
or retired, who:
(1) dies from any cause after having served for one (1) year or
more as an active member of the police department; or
(2) dies from any cause while in the actual discharge of the
member's duties as a police officer after having served less than
one (1) year as an active member of the police department.
Any member of the fund may name a beneficiary to receive the
amount provided for upon the member's death by designating in
writing in such form as is prescribed by the local board and delivered
to the board. The beneficiary may be changed from time to time by
the member by canceling the designation and delivering a new
designation to the local board. If the member makes no designation
of beneficiary, the sum provided for shall be paid to the member's
estate.
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.