§ 36-8-7-12.2 — Members dying other than in line of duty

Indiana § 36-8-7-12.2

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 7: 1937 Firefighters' Pension Fund

Text

2. (a) This section applies to an active or
retired member who dies other than in the line of duty (as defined in
section 12.4 of this chapter).
(b) If a member of the fire department or a retired member of the
1937 fund dies and leaves:
(1) a surviving spouse;
(2) a child or children less than eighteen (18) years of age;
(3) a child or children at least eighteen (18) years of age who are
mentally or physically incapacitated; or
(4) a child or children less than twenty-three (23) years of age
who are:
(A) enrolled in and regularly attending a secondary school; or
(B) full-time students at an accredited college or university;
the local board shall authorize the payment to the surviving spouse and
to the child or children the amount from the fund as prescribed by this
section. If the surviving spouse of a deceased member remarried before
September 1, 1983, and pension 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. If the
pension of the surviving spouse of a deceased member has ceased by
virtue of the spouse's remarriage, and if the person to whom the spouse
has remarried was a retired member of the fire department who was
also entitled to a pension, then upon the death of the member to whom
the spouse had remarried, the spouse is entitled to receive a pension as
the surviving spouse of a deceased member as though the spouse had
not been remarried.
(c) If a deceased member of the fire department leaves no surviving
spouse or children but leaves a dependent parent, and upon satisfactory
proof that the parent was wholly dependent upon the deceased member,
the local board shall authorize the monthly payment to the parent from
the 1937 fund that is prescribed by this section.
(d) If a member dies while in active service or after retirement:
(1) the surviving spouse is entitled to receive an amount fixed by
ordinance but not less than:
(A) for the surviving spouse of a member who dies before
January 1, 1989, thirty percent (30%) of the salary of a fully
paid first class firefighter in the unit at the time of the payment
of the pension; and
(B) for the surviving spouse of a member who dies after
December 31, 1988, except as otherwise provided in this
clause, an amount per month, during the spouse's life, equal to
the greater of thirty percent (30%) of the monthly pay of a first
class firefighter or fifty-five percent (55%) of the monthly
benefit the deceased member was receiving or was entitled to
receive on the date of the member's death (these amounts shall
be proportionately increased or decreased if the salary of a first
class firefighter is increased or decreased); however, if the
deceased member was not entitled to a benefit because the
member had not completed twenty (20) years of service, for
purposes of computing the second amount under this item, the
member's benefit is considered to be fifty percent (50%) of the
monthly salary of a first class firefighter in the unit at the time
of payment of the pension;
(2) the member's children who are:
(A) less than eighteen (18) years of age; or
(B) less than twenty-three (23) years of age if the children are
enrolled in and regularly attending a secondary school or are
full-time students at an accredited college or university;
are each entitled to receive an amount fixed by ordinance but not
less than twenty percent (20%) of the salary of a fully paid first
class firefighter in the unit at the time of the payment of the
pension; and
(3) each parent of a deceased member who was eligible for a
pension is entitled to receive jointly an amount equal to thirty
percent (30%) of the salary of a fully paid first class firefighter in
the unit at the time of the payment of the pension.
If the local board finds upon the submission of satisfactory proof that
a child eighteen (18) years of age or older is mentally or physically
incapacitated, is not a ward of the state, and is not receiving a benefit
under subdivision (2)(B), the child is entitled to receive the same
amount as is paid to the surviving spouse of a deceased firefighter, as
long as the mental or physical incapacity continues. A sum paid for the
benefit of a child or children shall be paid to the remaining parent, if
alive, as long as the child or children reside with and are supported by
the parent. If the parent dies, the sum shall be paid to the lawful
guardian of the child or children.
(e) The monthly pension payable to a survivor may not be reduced
below the amount of the first full monthly pension received by that
person.
(f) A benefit payable under this section shall be paid in not less than
twelve (12) monthly installments.

Legislative History

As added by P.L.118-2000, SEC.12.