§ 36-8-8-12.5 — Determination of class of impairment

Indiana § 36-8-8-12.5

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

Text

5. (a) This section applies only to a fund
member who:
(1) is hired for the first time after December 31, 1989;
(2) chooses coverage by this section and section 13.5 of this
chapter under section 12.4 of this chapter; or
(3) is described in section 12.3(c)(2) of this chapter.
(b) At the same hearing where the determination of whether the
fund member has a covered impairment is made, the local board shall
determine the following:
(1) Whether the fund member has a Class 1 impairment. A Class
1 impairment is a covered impairment that is the direct result of
one (1) or more of the following:
(A) A personal injury that occurs while the fund member is on
duty.
(B) A personal injury that occurs while the fund member is off
duty and is responding to:
(i) an offense or a reported offense, in the case of a police
officer; or
(ii) an emergency or reported emergency for which the fund
member is trained, in the case of a firefighter.
(C) An occupational disease (as defined in IC 22-3-7-10). A
covered impairment that is included within this clause and
subdivision (2), including mental illnesses, shall be considered
a Class 1 impairment.
(D) A health condition caused by an exposure risk disease that
results in a presumption of disability or death incurred in the
line of duty under IC 5-10-13.
(2) Whether the fund member has a Class 2 impairment. A Class
2 impairment is a covered impairment that is:
(A) a duty related disease. A duty related disease means a
disease arising out of the fund member's employment. A disease
shall be considered to arise out of the fund member's
employment if it is apparent to the rational mind, upon
consideration of all of the circumstances, that:
(i) there is a connection between the conditions under which
the fund member's duties are performed and the disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause; or
(B) a health condition caused by:
(i) an exposure related heart or lung disease;
(ii) an exposure related cancer; or
(iii) exposure related Parkinson's disease;
that results in a presumption of disability incurred in the line of
duty under IC 5-10-15.
(3) Whether the fund member has a Class 3 impairment. A Class
3 impairment is a covered impairment that is not a Class 1
impairment or a Class 2 impairment.

Legislative History

As added by P.L.311-1989, SEC.9. Amended by P.L.213-1995, SEC.10; P.L.185-2002, SEC.11; P.L.62-2006, SEC.7; P.L.59-2009, SEC.5; P.L.54-2020, SEC.1.