§ 36-8-10-16 — Dependent's pension benefit; establishment and operation; maximum monthly pension payable; eligibility

Indiana § 36-8-10-16

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 10: Sheriff's Department; Merit Board; Pensions

Text

(a) The department may establish and
operate a dependent's pension benefit for the payment of pensions to
dependent parents, surviving spouses, and dependent children under
eighteen (18) years of age of former employee beneficiaries. The
department may provide these benefits by the creation of a reserve
account, by obtaining appropriate insurance coverage, or both.
However, the department may not establish or modify a dependent's
pension benefit after June 30, 1989, without the approval of the county
fiscal body which shall not reduce or diminish any dependent's pension
benefits that were in effect on January 1, 1989.
(b) This subsection applies to survivors of employee beneficiaries
who:
(1) died before January 1, 1990; and
(2) were covered by a benefit plan established under this section.
The maximum monthly pension payable to dependent parents or
surviving spouses may not exceed two hundred dollars ($200) per
month during the parent's or the spouse's lifetime if the spouse did not
remarry before September 1, 1984. If the surviving spouse remarried
before September 1, 1984, benefits ceased on the date of remarriage.
The maximum monthly pension payable to dependent children is thirty
dollars ($30) per child and ceases with the last payment before
attaining eighteen (18) years of age.
(c) This subsection applies to survivors of employee beneficiaries
who:
(1) died after December 31, 1989; and
(2) were covered by a benefit plan established under this section.
The monthly pension payable to dependent parents or surviving
spouses must be not less than two hundred dollars ($200) for each
month during the parent's or the spouse's lifetime. The monthly pension
payable to each dependent child must be not less than thirty dollars
($30) for each child and ceases with the last payment before attaining
eighteen (18) years of age.
(d) The county fiscal body may by ordinance provide an increase in
the monthly pension of survivors of employee beneficiaries who die
before January 1, 1990. However, the monthly pension that is provided
under this subsection may not exceed the monthly pension that is
provided to survivors whose monthly pensions are determined under
subsection (c).
(e) In order to be eligible for a benefit under this section, the
surviving spouse of an employee beneficiary who dies after August 31,
1984, must have been married to the employee beneficiary at the time
of the employee's retirement or death in service.
(f) In addition to, or instead of, a modification of a surviving
spouse's monthly pension under this section, a county fiscal body may
approve a cost of living payment to a surviving spouse under section 23
of this chapter.
[Pre-Local Government Recodification Citation:
17-3-14-14.]
As added by Acts 1981, P.L.309, SEC.61. Amended by
P.L.203-1984, SEC.2; P.L.313-1989, SEC.7; P.L.314-1989, SEC.2;
P.L.97-2005, SEC.2; P.L.42-2008, SEC.1.