§ 33-38-7-12 — Permanent disability of participants; transcripts, records, and other materials

Indiana § 33-38-7-12

• Jurisdiction: Indiana
• Art. 38: JUDGES
• Ch. 7: 1977 Retirement, Disability, and Death System

Text

(a) Benefits provided under this section are
subject to IC 33-38-6-13.
(b) A participant is considered permanently disabled if the board has
received a written certificate by at least two (2) licensed and practicing
physicians, appointed by the board, indicating that:
(1) the participant is totally incapacitated, by reason of physical
or mental infirmities, from earning a livelihood; and
(2) the condition is likely to be permanent.
(c) The participant shall be reexamined by at least two (2)
physicians appointed by the board at the times as the board designates
but at intervals not to exceed one (1) year. If, in the opinion of these
physicians, the participant has recovered from the participant's
disability, then benefits cease to be payable as of the date of the
examination unless, on that date, the participant is:
(1) at least sixty-five (65) years of age; or
(2) at least fifty-five (55) years of age and meets the requirements
under section 11(b)(2)(B) of this chapter.
(d) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material generated by the
initial and periodic examinations and reviews to determine eligibility
for disability benefits under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
[Pre-2004 Recodification Citation: 33-13-9.1-5.]

Legislative History

As added by P.L.98-2004, SEC.17.