This text of Indiana § 36-8-7-12.3 (Members dying in line of duty before September 1, 1982) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
3.
(a)This section applies to a member who
died in the line of duty (as defined in section 12.4 of this chapter)
before September 1, 1982.
(b)If a member of the fire department or a retired member of the
1937 fund dies and leaves:
(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 of the amount from the fund as prescribed by
this section. If the surviving
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3. (a) This section applies to a member who
died in the line of duty (as defined in section 12.4 of this chapter)
before September 1, 1982.
(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 of 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:
(1) the surviving spouse is entitled to receive an amount fixed by
ordinance but not less than 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;
(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.
(g) 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).