1.
(a)This section applies to a member who
dies in the line of duty after August 31, 1982.
(b)The surviving spouse is entitled to a monthly benefit, during the
spouse's lifetime, equal to the benefit to which the member would have
been entitled on the date of the member's death, but no less than fifty
percent (50%) of the monthly wage received by a first class patrolman.
If the surviving spouse remarried before September 1, 1983, and
benefits ceased on the date of remarriage, the benefits for the surviving
spouse shall be reinstated on July 1, 1997, and continue during the life
of the surviving spouse.
(c)A payment shall also be made to each child of a deceased
member less than eighteen (18) years of age, in an amount fixed by
ordinance, but at least an amount equal to twenty percent (2
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1. (a) This section applies to a member who
dies in the line of duty after August 31, 1982.
(b) The surviving spouse is entitled to a monthly benefit, during the
spouse's lifetime, equal to the benefit to which the member would have
been entitled on the date of the member's death, but no less than fifty
percent (50%) of the monthly wage received by a first class patrolman.
If the surviving spouse remarried before September 1, 1983, and
benefits ceased on the date of remarriage, the benefits for the surviving
spouse shall be reinstated on July 1, 1997, and continue during the life
of the surviving spouse.
(c) A payment shall also be made to each child of a deceased
member less than eighteen (18) years of age, in an amount fixed by
ordinance, but at least an amount equal to twenty percent (20%) of the
monthly pay of a first class patrolman per month to each child:
(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 longer.
(d) The surviving children of the deceased member who are eligible
to receive a benefit under subsection (c) may receive an additional
benefit in an amount fixed by ordinance, but the total additional benefit
under this subsection to all the member's children may not exceed a
total of thirty percent (30%) of the monthly wage received by a first
class patrolman. However, this limitation does not apply to the children
of a member who have a physical or mental disability.
(e) If a deceased member leaves no surviving spouse and no child
who qualifies for benefits under subsection (c) but does leave a
dependent parent or parents, an amount equal to twenty percent (20%)
of the monthly pay of a first class patrolman per month from the time
of the member's death shall be paid to the dependent parent or parents
during their dependency. When both parents survive, the total amount
is still twenty percent (20%), to be paid to them jointly. In all cases of
payment to a dependent relative of a deceased member, the board is the
final judge of the question of necessity and dependency and of the
amount to be paid. The 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 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) For purposes of this section, "dies in the line of duty" means
death that occurs as a direct result of personal injury or illness caused
by incident, accident, or violence that results from any action that the
member in the member's capacity as a police officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(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 the coverage under subdivision (1), (2), or (3).
As added by Acts 1982, P.L.214, SEC.1. Amended by
P.L.364-1983, SEC.2; P.L.200-1984, SEC.2; P.L.196-1988, SEC.1;
P.L.1-1989, SEC.70; P.L.1-1991, SEC.210; P.L.52-1993, SEC.3;
P.L.40-1997, SEC.5; P.L.118-2000, SEC.9; P.L.62-2002, SEC.1;
P.L.185-2002, SEC.6; P.L.86-2003, SEC.3; P.L.99-2007,
SEC.215.