Indiana § 5-10.2-3-8 Survivor benefits; death while not in service

Indiana Statutes

§ 5-10.2-3-8 — Survivor benefits; death while not in service

Indiana § 5-10.2-3-8

Title 5STATE AND LOCAL ADMINISTRATION

Art. 10.2PUBLIC RETIREMENT AND DISABILITY

Ch. 3Creditable Service; Contributions; Withdrawals; Death

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Bluebook

Ind. Code § 5-10.2-3-8 (2026).

Text

(a)If a member dies:

(1)after March 31, 1990, and before July 1, 2018;

(2)while not in service in a position covered by the retirement fund; and

(3)while eligible to receive retirement or disability benefits under IC 5-10.2-4-6, but before applying for those benefits; the member's surviving spouse or surviving dependent is entitled to survivor benefits in the same amount and under the same conditions as provided in section 7.5 of this chapter.

(b)If a member dies:

(1)after June 30, 2018; and

(2)while eligible to receive retirement or disability benefits under IC 5-10.2-4-6, but before applying for those benefits; regardless of whether the member dies in service in a position covered by the retirement fund or out of service, the member's surviving spouse or surviving dependent is ent

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(a) If a member dies:
(1) after March 31, 1990, and before July 1, 2018;
(2) while not in service in a position covered by the retirement
fund; and
(3) while eligible to receive retirement or disability benefits under
IC 5-10.2-4-6, but before applying for those benefits;
the member's surviving spouse or surviving dependent is entitled to
survivor benefits in the same amount and under the same conditions as
provided in section 7.5 of this chapter.
(b) If a member dies:
(1) after June 30, 2018; and
(2) while eligible to receive retirement or disability benefits under
IC 5-10.2-4-6, but before applying for those benefits;
regardless of whether the member dies in service in a position covered
by the retirement fund or out of service, the member's surviving spouse
or surviving dependent is entitled to survivor benefits in the same
amount and under the same conditions as provided in section 7.5 of this
chapter.
(c) Except as otherwise provided in section 7.5 of this chapter, if a
member dies while not in service and while not eligible for retirement
or disability retirement, the sum payable upon suspension of
membership shall be paid to the member's surviving designated
beneficiary or to the member's estate if no beneficiary is designated.
(d) The sums specified in subsections (a), (b), and (c) shall be
forfeited and credited to the member's retirement fund if no beneficiary
or other person entitled to the money under subsection (a), (b), or (c)
claims it within three (3) years after the member's death. However, the
board may honor a claim made more than three (3) years after the
member's death if the board finds, in the board's discretion, that:
(1) the member died after August 31, 1992; and
(2) either:
(A) the delay in making the claim was reasonable; or
(B) other extenuating circumstances justify the award of the
benefit to the claimant.
(e) Survivor benefits payable under this section shall be reduced by
any disability benefits paid to the member under the same conditions
as provided in section 7.5 of this chapter.
As added by Acts 1977, P.L.53, SEC.2. Amended by
P.L.35-1985, SEC.11; P.L.55-1989, SEC.15; P.L.4-1990, SEC.6;
P.L.56-1993, SEC.1; P.L.22-1993, SEC.2; P.L.119-2006, SEC.1;
P.L.199-2019, SEC.3.