§ 36-8-8-12.3 — Covered impairments; hearings; inclusions; Class 3 excludable condition; determination

Indiana § 36-8-8-12.3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 8: 1977 Police Officers' and Firefighters' Pension and

Text

3. (a) Upon a request from a fund member
or from the safety board of the appropriate police or fire department,
the local board shall conduct a hearing under section 12.7 of this
chapter to determine whether the fund member has a covered
impairment.
(b) A covered impairment is an impairment that permanently or
temporarily makes a fund member unable to perform the essential
function of the member's duties, considering reasonable
accommodation to the extent required by the Americans with
Disabilities Act, with the police or fire department. However, a covered
impairment does not include an impairment:
(1) resulting from an intentionally self-inflicted injury or
attempted suicide while sane or insane;
(2) resulting from the fund member's commission or attempted
commission of a felony;
(3) that begins within two (2) years after a fund member's entry or
reentry into active service with the department and that was
caused or contributed to by a mental or physical condition that
manifested itself before the fund member entered or reentered
active service. Notwithstanding this subdivision, a fund member
may not be required to satisfy more than one (1) such two (2) year
period for the same mental or physical condition; or
(4) that is occasioned, in whole or in part, by the fund member
currently engaging (as defined in 29 CFR 1630.3, Appendix) in
any of the following:
(A) Use of a controlled substance (as defined in the Controlled
Substances Act (21 U.S.C. 812)).
(B) Unlawful use of a prescription drug.
(c) Notwithstanding subsection (b), this subsection applies to the
following:
(1) A fund member who is hired after March 1, 1992.
(2) A fund member who was admitted to the 1977 fund after
having been covered by another public pension plan as a police
officer or firefighter.
For a fund member who is determined by the system board to have a
Class 3 excludable condition under IC 36-8-8-13.6, a covered
impairment does not include an impairment that would be classified as
a Class 3 impairment that begins at any time after the fund member's
entry or reentry into active service with the department and is related
in any manner to the Class 3 excludable condition.
(d) If the local board determines that a covered impairment exists,
the chief of the police or fire department shall submit to the local board
written determinations of the following:
(1) Whether there is suitable and available work on the
appropriate department for which the fund member is or may be
capable of becoming qualified, considering reasonable
accommodation to the extent required by the Americans with
Disabilities Act.
(2) For a fund member covered by sections 12.5 and 13.5 of this
chapter, the fund member's years of service with the department.

Legislative History

As added by P.L.311-1989, SEC.7. Amended by P.L.4-1992, SEC.46; P.L.213-1995, SEC.9; P.L.231-1997, SEC.5; P.L.35-2012, SEC.127.