§ 36-8-7.5-14.1 — Members dying in line of duty after August 31, 1982

Indiana § 36-8-7.5-14.1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 7.5: 1953 Police Pension Fund (Indianapolis)

Text

1. (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 first class patrolman.
If the spouse remarried before September 1, 1983, benefits ceased on
the date of remarriage. However, if a member of the police department
dies in the line of duty after August 31, 1982, and the member's
surviving spouse remarried before September 1, 1983, the benefits for
the surviving spouse shall be reinstated on July 1, 1995, 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 while in the actual
discharge of duties as a police officer. 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) 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 benefit to all the
member's children under this subsection may not exceed a total of
thirty percent (30%) of the monthly wage received by a first class
patrolman. However, this limitation does not apply to the children of
a member who have a physical or mental disability.
(e) 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 shall be 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 while in the actual discharge of
duties as a police officer. 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.
(f) 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.
(g) 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.
(h) 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 police officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(i) 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 coverage under subdivision (1), (2), or (3).
As added by Acts 1982, P.L.214, SEC.2. Amended by
P.L.364-1983, SEC.6; P.L.200-1984, SEC.5; P.L.196-1988, SEC.3;
P.L.1-1989, SEC.72; P.L.52-1993, SEC.5; P.L.325-1995, SEC.2;
P.L.2-1996, SEC.292; P.L.118-2000, SEC.22; P.L.1-2001, SEC.46;
P.L.62-2002, SEC.3; P.L.185-2002, SEC.10; P.L.86-2003, SEC.7;
P.L.99-2007, SEC.218.