4.
(a)This section applies to an active
member who dies in the line of duty after August 31, 1982.
(b)If a member dies in the line of duty after August 31, 1982, 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 not less than fifty
percent (50%) of the monthly wage received by a fully paid first class
firefighter. 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. If the pension of the surviving spouse of a
deceased member has ceased by virtue of the spouse's remarriage, and
if
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4. (a) This section applies to an active
member who dies in the line of duty after August 31, 1982.
(b) If a member dies in the line of duty after August 31, 1982, 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 not less than fifty
percent (50%) of the monthly wage received by a fully paid first class
firefighter. 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. 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 member dies while in active service, the member's children
who are:
(1) less than eighteen (18) years of age; or
(2) 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.
(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 firefighter. However, this limitation does not apply to the children
of a member who have a physical or mental disability.
(e) 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. Each parent of a deceased member who was eligible for
a pension under this subsection 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.
(f) 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 firefighter:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs while on the scene of an emergency run (including
false alarms) or on the way to or from the scene.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(g) 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 subsection (c)(2), 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.
(h) The monthly pension payable to a survivor may not be reduced
below the amount of the first full monthly pension received by that
person.
(i) A benefit payable under this section shall be paid in not less than
twelve (12) monthly installments.
(j) 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).