Indiana § 10-12-2-5 Disability reserve account; additional department authority; disability
pension payments

Indiana Statutes

§ 10-12-2-5 — Disability reserve account; additional department authority; disability pension payments

Indiana·Title 10 PUBLIC SAFETY·Art. 12 STATE POLICE PENSIONS AND BENEFITS·Ch. 2 Pension, Death, Disability, Survivor, and Other Benefits

(a)The department may establish, operate, and make necessary contributions to a disability reserve account for the payment of disability expense reimbursements and disability pensions to employee beneficiaries with a disability. The department also may do the following:

(1)Establish, under the terms of a supplementary trust agreement, disability expense reimbursements and disability pensions to be paid to employee beneficiaries who incur a disability in the line of duty.

(2)Establish, under the terms of a supplementary trust agreement, disability expense reimbursements and disability pensions to be paid to employee beneficiaries who incur a disability not in the line of duty.

(3)Seek rulings from the Internal Revenue Service as to the federal tax treatment for the line of duty disabili

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(a) The department may establish, operate, and
make necessary contributions to a disability reserve account for the
payment of disability expense reimbursements and disability pensions
to employee beneficiaries with a disability. The department also may
do the following:
(1) Establish, under the terms of a supplementary trust agreement,
disability expense reimbursements and disability pensions to be
paid to employee beneficiaries who incur a disability in the line
of duty.
(2) Establish, under the terms of a supplementary trust agreement,
disability expense reimbursements and disability pensions to be
paid to employee beneficiaries who incur a disability not in the
line of duty.
(3) Seek rulings from the Internal Revenue Service as to the
federal tax treatment for the line of duty disability benefits
authorized by this section.
Except as provided in subsection (d), a monthly disability pension may
not exceed the maximum basic pension amount. However, in the case
of disability incurred in the line of duty, an employee beneficiary may
receive not more than forty dollars ($40) per month for each dependent
parent and dependent child less than eighteen (18) years of age, in
addition to the monthly disability pension payment under this chapter.
Time in disability pension status is considered qualifying active service
for purposes of calculating a retirement pension.
(b) This section shall be administered in a manner that is consistent
with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and
the regulations and amendments related to that act, to the extent
required by that act.
(c) A disability payment made under this chapter is worker's
compensation instead of a payment under IC 22-3-2 through IC 22-3-7.
(d) A regular, paid police employee of the state police department
who has a permanent and total disability from a catastrophic personal
injury that:
(1) is sustained in the line of duty after January 1, 2001; and
(2) permanently prevents the employee from performing any
gainful work;
shall receive a disability pension equal to the employee's regular salary
at the commencement of the disability. The disability pension provided
under this subsection is provided instead of the regular monthly
disability pension. The disability pension provided under this
subsection must be increased at a rate equal to any salary increases the
employee would have received if the employee remained in active
service.
[Pre-2003 Recodification Citation: 10-1-2-4.]

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