§ 36-8-8-23 — Disability retiree supplemental benefit

(a) This section applies to a fund member
who:
(1) after June 30, 2009, receives a benefit based on a
determination that the member has a Class 1 or Class 2
impairment, regardless of whether the determination was made
before, on, or after June 30, 2009; and
(2) before July 1, 2009, has not had the member's disability
benefit recalculated under section 13.5 of this chapter.
(b) Upon becoming fifty-two (52) years of age, a fund member
receiving a Class 1 impairment benefit or Class 2 impairment benefit
under section 13.5(h)(2) of this chapter is entitled to receive a monthly
supplemental benefit determined in STEP THREE of the following
formula:
STEP ONE: Determine the greater of:
(A) the monthly retirement benefit payable to a fund member
with twenty (20) years of service; or
(B) the monthly retirement benefit payable to a fund member
with the total years of service (including both active service and
the period, not to exceed twenty (20) years, during which the
member received disability benefits) and salary, as of the year
the fund member becomes fifty-two (52) years of age, that the
fund member would have earned if the fund member had
remained in active service until becoming fifty-two (52) years
of age.
STEP TWO: Subtract from the amount determined under STEP
ONE the amount of any monthly benefit determined under section
13.5 of this chapter that the fund member is entitled to receive for
the remainder of the fund member's life.
STEP THREE: Determine the greater of the following:
(A) The remainder determined under STEP TWO.
(B) Zero (0).
(c) A monthly supplemental benefit determined under this section
is payable for the remainder of the fund member's life.

Legislative History

As added by P.L.32-2009, SEC.3; P.L.34-2009, SEC.3.