§ 36-8-7-16 — Disability retirees; physical examinations; reactivation; hearing; period of disability credited; transcripts, reports, records, and other materials

(a) After a member of the fire department has
been retired upon pension because of disability, the local board may
require the retired member to again be examined by competent
physicians or surgeons. After the examination, the local board shall
conduct a hearing under IC 36-8-8-12.7 to determine whether the
disability still exists and whether the retired member should be
continued on the pension roll. However, the retired member remains
upon the pension roll until placed back in active service of the
department, except in cases of dismissal or resignation.
(b) If a retired member is found after the examination and hearing
to be physically able to be placed back in active service of the
department, considering reasonable accommodation to the extent
required by the Americans with Disabilities Act, the local board shall
certify the person's name and that fact to the safety board or other
appointing authority. The person shall be placed back on active duty by
the appointing authority as soon as the first vacancy occurs.
(c) Time spent receiving disability benefits is considered active
service for the purpose of determining retirement benefits until the
member has a total of twenty (20) years of service.
(d) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material compiled to
determine the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
[Pre-Local Government Recodification Citation:
19-1-37-17.]
As added by Acts 1981, P.L.309, SEC.57. Amended by Acts
1981, P.L.182, SEC.8; P.L.311-1989, SEC.4; P.L.4-1992,
SEC.39.