Indiana § 36-8-7.5-17 Payments to dependent children or mentally incompetent persons;
benefits where member dies before payments are made; payments
where member is entitled to part salary; reentry into active service

Indiana Statutes

§ 36-8-7.5-17 — Payments to dependent children or mentally incompetent persons; benefits where member dies before payments are made; payments where member is entitled to part salary; reentry into active service

Indiana § 36-8-7.5-17

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 7.51953 Police Pension Fund (Indianapolis)

This text of Indiana § 36-8-7.5-17 (Payments to dependent children or mentally incompetent persons; benefits where member dies before payments are made; payments where member is entitled to part salary; reentry into active service) 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.

Bluebook

Ind. Code § 36-8-7.5-17 (2026).

Text

(a)If benefits are payable to a dependent child under eighteen (18) years of age or to a person adjudged mentally incompetent, the local board may, when it is to the apparent interest of the dependent child or incompetent person, waive guardianship proceedings and pay the benefit directly to the person providing for and caring for the dependent child, and to the spouse, parent, or blood relative providing for and caring for the incompetent person. The local board may, if it finds it in the best interest of any dependent child, pay any benefits due to the dependent child directly to such child regardless of any other law.

(b)A member is not entitled to receive the benefits of this chapter until the member's payments are paid in full, unless the member has suffered permanent disability or

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(a) If benefits are payable to a dependent
child under eighteen (18) years of age or to a person adjudged mentally
incompetent, the local board may, when it is to the apparent interest of
the dependent child or incompetent person, waive guardianship
proceedings and pay the benefit directly to the person providing for and
caring for the dependent child, and to the spouse, parent, or blood
relative providing for and caring for the incompetent person. The local
board may, if it finds it in the best interest of any dependent child, pay
any benefits due to the dependent child directly to such child regardless
of any other law.
(b) A member is not entitled to receive the benefits of this chapter
until the member's payments are paid in full, unless the member has
suffered permanent disability or death from any cause while in actual
discharge of duties as a police officer. If the member dies before the
required payments are made, the surviving spouse or other dependents
shall pay any balance due and are then entitled to pension benefits.
(c) Notwithstanding any other provision of this chapter, no disability
or retirement benefit of any kind provided for in this chapter may be
paid to any member of the police department for any period during
which the member receives or is entitled to receive all or any part of
the member's salary.
(d) If any member reenters active service in the police department
of any municipality after having been pensioned for any reason, the
payment of the pension ceases but shall be resumed upon the
resignation or discharge of the member.
As added by Acts 1982, P.L.77, SEC.9. Amended by
P.L.33-1989, SEC.127; P.L.1-1990, SEC.366.