This text of Indiana § 36-8-8-13.9 (Members dying in line of duty before September 1, 1982) 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.
9.
(a)This section applies to an active
member who died in the line of duty (as defined in section 14.1 of this
chapter) before September 1, 1982.
(b)Except as otherwise provided in this subsection, if a fund
member dies in the line of duty, the following apply:
(1)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
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9. (a) This section applies to an active
member who died in the line of duty (as defined in section 14.1 of this
chapter) before September 1, 1982.
(b) Except as otherwise provided in this subsection, if a fund
member dies in the line of duty, the following apply:
(1) 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) 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.
If 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) 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 under
subsection (b) is computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(d) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(1) until the child becomes eighteen (18) years of age;
(2) 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; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longest. If health insurance coverage is offered by
the unit to active members, the health insurance provided to a surviving
spouse and child under this subsection must be equal in coverage to
that offered to active members. The offer to provide and pay for health
insurance coverage shall remain open for as long as there is a surviving
spouse or as long as a natural child, stepchild, or adopted child of the
member is eligible for coverage under subdivision (1), (2), or (3).