§ 36-8-8-13.8 — Members dying other than in line of duty after August 31, 1982

Indiana § 36-8-8-13.8

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

Text

8. (a) This section applies to an active or
retired member who dies other than in the line of duty (as defined in
section 14.1 of this chapter) after August 31, 1982.
(b) If a fund member dies while receiving retirement or disability
benefits, the following apply:
(1) Except as otherwise provided in this subsection, each of the
member's surviving children is entitled to a monthly benefit equal
to twenty percent (20%) of the fund member's monthly benefit:
(A) until the child becomes eighteen (18) years of age; or
(B) 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;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least
eighteen (18) years of age is mentally or physically incapacitated,
is not a ward of the state, and is not receiving a benefit under
clause (B), the child is entitled to receive an amount each month
that is equal to the greater of thirty percent (30%) of the monthly
pay of a first class patrolman or first class firefighter or fifty-five
percent (55%) of the monthly benefit the deceased member was
receiving or was entitled to receive on the date of the member's
death as long as the mental or physical incapacity of the child
continues. Benefits paid for a child shall be paid to the surviving
parent as long as the child resides with and is supported by the
surviving parent. If the surviving parent dies, the benefits shall be
paid to the legal guardian of the child.
(2) This subdivision applies to the surviving spouse of an active
or retired member who dies before July 1, 2019. The member's
surviving spouse is entitled to a monthly benefit equal to sixty
percent (60%) of the fund member's monthly benefit during the
spouse's lifetime. If the spouse remarried before September 1,
1983, and benefits ceased on the date of remarriage, the benefits
for the surviving spouse shall be reinstated on July 1, 1997, and
continue during the life of the surviving spouse.
(3) This subdivision applies to the surviving spouse of an active
or retired member who dies after June 30, 2019. The member's
surviving spouse is entitled to a monthly benefit equal to seventy
percent (70%) of the fund member's monthly benefit during the
spouse's lifetime.
If a fund member dies while receiving retirement or disability benefits,
there is no surviving eligible child or spouse, and there is proof
satisfactory to the local board, subject to review in the manner
specified in section 13.1(c) of this chapter, that the parent was wholly
dependent on the fund member, the member's surviving parent is
entitled, or both surviving parents if qualified are entitled jointly, to
receive fifty percent (50%) of the fund member's monthly benefit
during the parent's or parents' lifetime. As used in this subsection, a
parent is wholly dependent on a fund member if the fund member
claimed the parent as a dependent on the federal income tax return filed
by the fund member in the year before the year in which the fund
member died.
(c) Except as otherwise provided in this subsection, if a fund
member dies while on active duty or while retired and not receiving
benefits, the member's children and the member's spouse, or the
member's parent or parents are entitled to receive a monthly benefit
determined under subsection (b). If the fund member did not have at
least twenty (20) years of service or was not at least fifty-two (52) years
of age, the benefit is computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.

Legislative History

As added by P.L.118-2000, SEC.26. Amended by P.L.1-2007, SEC.242; P.L.62-2010, SEC.1; P.L.23-2010, SEC.1; P.L.146-2019, SEC.2.