§ 36-8-6-9.7 — Members dying in line of duty before September 1, 1982; monthly benefit for surviving spouse, children, or parents

Indiana § 36-8-6-9.7

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 6: 1925 Police Pension Fund

Text

7. (a) This section applies to a member who
died in the line of duty (as defined in section 10.1 of this chapter)
before September 1, 1982.
(b) A payment shall be made to the surviving spouse of a deceased
member in an amount fixed by ordinance, but at least an amount equal
to thirty percent (30%) of the monthly pay of a first class patrolman per
month during the surviving spouse's life if the spouse did not remarry
before September 1, 1983. If the 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) Except as otherwise provided in this subsection, 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. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit is
equal to fifty percent (50%) of the salary of a first class patrolman in
the police department plus, for a member who retired before January
1, 1986, two percent (2%) of the first class patrolman's salary for each
year of service of the retired member over twenty (20) years or, for a
member who retires after December 31, 1985, plus 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. However, the maximum
benefit may not exceed in any year an amount greater than seventy-four
percent (74%) of the salary of a first class patrolman.
(d) 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.
(e) 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.
(f) 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).

Legislative History

As added by P.L.118-2000, SEC.7. Amended by P.L.86-2003, SEC.2.