This text of Indiana § 36-8-8-13.3 (Disability benefits; benefit for catastrophic physical personal injury) 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.
3.
(a)This section applies only to a fund
member who:
(1)is hired for the first time before January 1, 1990; and
(2)does not choose coverage by sections 12.5 and 13.5 of this
chapter under section 12.4 of this chapter.
This section does not apply to a fund member described in section
12.3(c)(2) of this chapter.
(b)A fund member:
(1)who became disabled before July 1, 2000;
(2)is determined to have a covered impairment; and
(3)for whom it is determined that there is no suitable and
available work within the fund member's department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act;
is entitled to receive during the disability a benefit equal to the benefit
that the fund member would have received if the fund member had
retired. If the
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3. (a) This section applies only to a fund
member who:
(1) is hired for the first time before January 1, 1990; and
(2) does not choose coverage by sections 12.5 and 13.5 of this
chapter under section 12.4 of this chapter.
This section does not apply to a fund member described in section
12.3(c)(2) of this chapter.
(b) A fund member:
(1) who became disabled before July 1, 2000;
(2) is determined to have a covered impairment; and
(3) for whom it is determined that there is no suitable and
available work within the fund member's department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act;
is entitled to receive during the disability a benefit equal to the benefit
that the fund member would have received if the fund member had
retired. If the fund member with a disability does not have at least
twenty (20) years of service or is not at least fifty-two (52) years of age,
the benefit is computed and paid as if the fund member had twenty (20)
years of service and was fifty-two (52) years of age.
(c) Except as otherwise provided in this subsection, a fund member:
(1) who becomes disabled after July 1, 2000;
(2) who is determined to have a covered impairment that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is on
duty;
(ii) a personal injury that occurs while the fund member is off
duty and is responding to an offense or a reported offense, in
the case of a police officer, or an emergency or reported
emergency for which the fund member is trained, in the case
of a firefighter; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included within
clause (B);
(B) a duty related disease (for purposes of this section, a "duty
related disease" means a disease arising out of the fund
member's employment. A disease is 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
(C) a disability presumed incurred in the line of duty under IC 5-10-13 or IC 5-10-15; and
(3) for whom it is determined that there is no suitable and
available work within the fund member's department, considering
reasonable accommodation to the extent required by the
Americans with Disabilities Act;
is entitled to receive during the disability a benefit equal to the benefit
that the fund member would have received if the fund member had
retired. If the fund member with a disability does not have at least
twenty (20) years of service or is not at least fifty-two (52) years of age,
the benefit is computed and paid as if the fund member had twenty (20)
years of service and was fifty-two (52) years of age.
(d) Except as otherwise provided in this subsection, a fund member:
(1) who becomes disabled after July 1, 2000;
(2) who is determined to have a covered impairment that is not a
covered impairment described in subsection (c)(2); and
(3) for whom it is determined that there is no suitable and
available work within the fund member's department, considering
reasonable accommodation to the extent required by the federal
Americans with Disabilities Act;
is entitled to receive during the disability a benefit equal to the benefit
that the fund member would have received if the fund member had
retired. If the fund member with a disability does not have at least
twenty (20) years of service or is not at least fifty-two (52) years of age,
the benefit is computed and paid as if the fund member had twenty (20)
years of service and was fifty-two (52) years of age.
(e) Notwithstanding section 12.3 of this chapter and any other
provision of this section, a member who:
(1) has had a covered impairment;
(2) recovers and returns to active service with the department; and
(3) within two (2) years after returning to active service has an
impairment that except for section 12.3 of this chapter would be
a covered impairment;
is entitled to the benefit under this subsection if the impairment
described in subdivision (3) results from the same condition or
conditions (without an intervening circumstance) that caused the
covered impairment described in subdivision (1). The member is
entitled to receive the monthly disability benefit amount paid to the
member at the time of the member's return to active service plus any
adjustments under section 15 of this chapter that would have been
applicable during the member's period of reemployment.
(f) As used in this subsection, "catastrophic physical personal
injury" means a physical personal injury that results in a degree of
impairment to the fund member of at least sixty-seven percent (67%).
Notwithstanding any other provision of this section, a fund member
who has a permanent and total covered impairment that is the direct
result of a catastrophic physical personal injury that:
(1) occurs in the line of duty after July 1, 2008; and
(2) permanently prevents the fund member from performing any
gainful work;
shall receive, after July 1, 2017, a disability benefit equal to the
monthly salary of a first class patrolman or firefighter at the
commencement of the disability. The disability benefit provided under
this subsection is paid instead of the disability benefit otherwise
determined under this section. The disability benefit determined under
this subsection is payable for the remainder of the fund member's life.
The disability benefit provided under this subsection must be increased
at a rate equal to the increases in the monthly salary of a first class
patrolman or firefighter.