§ 36-8-8.5-16.5 — Disability benefit

Indiana § 36-8-8.5-16.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 8.5: Deferred Retirement Option Plan (DROP)

Text

5. (a) This section applies to a member of
the 1977 fund who becomes disabled after June 1, 2005, while the
member is in the DROP, because of a disability that arose either in the
line of duty or other than in the line of duty.
(b) The retirement benefit for a member who retires because of a
disability while in the DROP is determined under this chapter rather
than under the provisions of the applicable fund. Determinations as to
whether:
(1) the member is disabled; and
(2) a disability is in the line of duty;
under this chapter are made under the provisions of the applicable
fund.
(c) If the member retires because of a disability less than twelve (12)
months after the date the member enters the DROP, the benefits for the
member are calculated under the provisions of the applicable fund as
if the member had never entered the DROP.
(d) If the member retires before July 1, 2017, because of a disability
at least twelve (12) months after the date the member enters the DROP,
the benefits for the member are calculated under section 12 of this
chapter, and the member's retirement date is the date the member
retires because of a disability rather than the member's DROP
retirement date.
(e) If a member retires after June 30, 2017, because of a disability
at least twelve (12) months after the date the member enters the DROP,
the benefits for the member are as follows:
(1) A retirement benefit paid by and calculated under the
provisions of the applicable fund as if the member had never
entered the DROP.
(2) An additional, separate amount that is not calculated as a part
of a disability benefit from the applicable fund and that is:
(A) calculated under section 12(b)(2)(B) of this chapter; and
(B) paid to the member in accordance with the member's
election under section 12(c) of this chapter.
For purposes of paying the additional amount calculated under this
subsection, the member's retirement date is the date the member retires
because of a disability as determined under the provisions of the
applicable fund rather than the member's DROP retirement date.
(f) A member who retired after January 1, 2015, and before July 1,
2017, because of a disability at least twelve (12) months after the date
the member entered the DROP may elect to have the member's benefit
actuarially adjusted, reconciled, and recalculated under subsection (e).
An election under this subsection:
(1) must be made in writing on a form prescribed by the board;
and
(2) is irrevocable.

Legislative History

As added by P.L.148-2007, SEC.6. Amended by P.L.47-2017, SEC.1.