Indiana § 5-10.2-3-7.6 Survivor benefits of member with 30 years creditable service

Indiana Statutes

§ 5-10.2-3-7.6 — Survivor benefits of member with 30 years creditable service

Indiana § 5-10.2-3-7.6

Title 5STATE AND LOCAL ADMINISTRATION

Art. 10.2PUBLIC RETIREMENT AND DISABILITY

Ch. 3Creditable Service; Contributions; Withdrawals; Death

This text of Indiana § 5-10.2-3-7.6 (Survivor benefits of member with 30 years creditable service) 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.

Bluebook

Ind. Code § 5-10.2-3-7.6 (2026).

Text

6.

(a)This section applies to the surviving spouse and the surviving dependent of a member who:

(1)dies after June 30, 1996, and before July 1, 2018;

(2)has at least thirty (30) years of creditable service; and

(3)dies in service in a position covered by the fund.

(b)If a member described in subsection (a) dies with a surviving spouse who was married to the member for at least two (2) years, the board may determine that the surviving spouse is entitled to a survivor benefit equal to the monthly benefit that would have been payable to the spouse under the joint and survivor option of IC 5-10.2-4-7 upon the member's death following retirement at:

(1)fifty-five (55) years of age; or

(2)the actual date of death; whichever is later. However, benefits payable under this section are subjec

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6. (a) This section applies to the surviving
spouse and the surviving dependent of a member who:
(1) dies after June 30, 1996, and before July 1, 2018;
(2) has at least thirty (30) years of creditable service; and
(3) dies in service in a position covered by the fund.
(b) If a member described in subsection (a) dies with a surviving
spouse who was married to the member for at least two (2) years, the
board may determine that the surviving spouse is entitled to a survivor
benefit equal to the monthly benefit that would have been payable to
the spouse under the joint and survivor option of IC 5-10.2-4-7 upon
the member's death following retirement at:
(1) fifty-five (55) years of age; or
(2) the actual date of death;
whichever is later. However, benefits payable under this section are
subject to section 7.5(g) and 7.5(i) of this chapter.
(c) If a member described in subsection (a) dies without a surviving
spouse who was married to the member for at least two (2) years, but
with a surviving dependent, the board may determine that the surviving
dependent is entitled to a survivor benefit in a monthly amount equal
to the actuarial equivalent of the monthly benefit that would have been
payable to the spouse (assuming the spouse would have had the same
birth date as the member) under the joint and survivor option of IC 5-10.2-4-7 upon the member's death following retirement at:
(1) fifty-five (55) years of age; or
(2) the actual date of death;
whichever is later. If there are two (2) or more surviving dependents,
the actuarial equivalent of the benefit described in this subsection shall
be calculated and, considering the dependents' attained ages, an equal
dollar amount shall be determined as the monthly benefit to be paid to
each dependent. Monthly benefits under this subsection are payable
until the date the dependent becomes eighteen (18) years of age or dies,
whichever is earlier. However, if a dependent has a permanent and total
disability (using disability guidelines established by the Social Security
Administration) on the date the dependent becomes eighteen (18) years
of age, the monthly benefit is payable until the date the dependent no
longer has a disability (using disability guidelines established by the
Social Security Administration) or dies, whichever is earlier. Benefits
payable under this section are subject to section 7.5(g) and 7.5(i) of this
chapter.