6.
(a)This section applies to an active or
retired member who dies other than in the line of duty (as defined in
section 14.1 of this chapter).
(b)The 1953 fund shall be used to pay an annuity, computed under
subsection (g) and payable in monthly installments, to the surviving
spouse of a member of the fund who dies from any cause after having
served for one (1) year or more. The annuity continues during the life
of the surviving spouse unless the spouse remarried before September
1, 1983. If the spouse remarried before September 1, 1983, benefits
ceased on the date of remarriage. If a member of the fund died, but not
in the line of duty, and the member's surviving spouse remarried before
September 1, 1983, the benefits of the surviving spouse shall be
reinstated on July 1, 1997, and con
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6. (a) This section applies to an active or
retired member who dies other than in the line of duty (as defined in
section 14.1 of this chapter).
(b) The 1953 fund shall be used to pay an annuity, computed under
subsection (g) and payable in monthly installments, to the surviving
spouse of a member of the fund who dies from any cause after having
served for one (1) year or more. The annuity continues during the life
of the surviving spouse unless the spouse remarried before September
1, 1983. If the spouse remarried before September 1, 1983, benefits
ceased on the date of remarriage. If a member of the fund died, but not
in the line of duty, and the member's surviving spouse remarried before
September 1, 1983, the benefits of the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the surviving
spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause after having served
for one (1) year or more as an active member of the police department.
The pension to each child continues:
(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. However, the pension to the child ceases
if the child marries or is legally adopted by any person.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for a benefit under subsection (c) but does leave a
dependent parent or parents, the 1953 fund is used to pay an annuity
not greater than a sum equal to twenty percent (20%) of the salary of
a first class patrolman on the police department, computed and payable
as provided in section 12(b) of this chapter, payable monthly to the
dependent parent or parents of a member of the police department who
dies from any cause after having served for one (1) year or more as an
active member of the police department. The annuity continues for the
remainder of the life or lives of the parent or parents as long as either
or both fail to have sufficient other income for their proper care,
maintenance, and support.
(e) In all cases of payment to a dependent relative of a deceased
member, the local board is the final judge of the question of necessity
and dependency and of the amount within the stated limits to be paid.
The local 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 1953 fund or other
circumstances make this action necessary.
(f) 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.
(g) Except as otherwise provided in this subsection, the annuity
payable under subsection (b) equals one (1) of the following:
(1) For the surviving spouse of a member who dies before January
1, 1989, thirty percent (30%) of the salary of a first class
patrolman.
(2) For the surviving spouse of a member who dies after
December 31, 1988, an amount per month during the spouse's life
equal to the greater of:
(A) thirty percent (30%) of the monthly pay of a first class
patrolman; or
(B) 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.
However, if the deceased member was not entitled to a benefit because
the member had not completed twenty (20) years of service, for the
purposes of computing the amount under subdivision (2)(B) the
member's benefit is considered to be fifty percent (50%) of the monthly
salary of a first class patrolman. The amount provided in this
subdivision is subject to adjustment as provided in subsection (f).