§ 5-10-5.5-13.5 — Disability occurring after June 30, 1987; presumption for line of duty disability; monthly benefits

Indiana § 5-10-5.5-13.5

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10: PUBLIC EMPLOYEE BENEFITS
• Ch. 5.5: State Excise Police, Gaming Agent, Gaming Control

Text

5. (a) This section applies to participants
whose disability occurred after June 30, 1987.
(b) Benefits provided under this section are subject to section 2.5 of
this chapter.
(c) As used in this section, a disability is to be considered to have
arisen in the line of duty if the disability is the direct result of:
(1) a personal injury that occurs while the participant is on duty;
or
(2) a personal injury that occurs while the participant is off duty
and responding to an offense or an emergency or a reported
offense or emergency;
or if the disability is presumed incurred in the line of duty under IC 5-10-13.
(d) A participant whose disability arose in the line of duty is entitled
to a monthly benefit equal to the participant's monthly salary on the
date of disability multiplied by the degree of impairment (expressed as
a percentage impairment of the person as a whole). However, the
monthly benefit under this subsection must be at least:
(1) twenty percent (20%) of the participant's monthly salary on
the date of the disability if the participant has more than five (5)
years of service; or
(2) ten percent (10%) of the participant's monthly salary on the
date of the disability if the participant has five (5) or fewer years
of service.
(e) A participant whose disability did not arise in the line of duty is
entitled to a monthly benefit equal to one-half (1/2) of the participant's
monthly salary on the date of disability multiplied by the degree of
impairment (expressed as a percentage of the person as a whole).
However, the monthly benefit under this subsection must be at least:
(1) ten percent (10%) of the participant's monthly salary on the
date of the disability if the participant has more than five (5) years
of service; or
(2) five percent (5%) of the participant's monthly salary on the
date of the disability if the participant has five (5) or fewer years
of service.
(f) A participant who is receiving a disability benefit under
subsection (d) is entitled:
(1) to receive a disability benefit for the remainder of the
participant's life; and
(2) to have the participant's benefit recomputed under section 10
of this chapter (relating to normal retirement) when the
participant becomes sixty (60) years of age.

Legislative History

As added by P.L.56-1987, SEC.4. Amended by P.L.55-1989, SEC.4; P.L.185-2002, SEC.1; P.L.180-2007, SEC.7.