§ 5-10.2-4-6 — Disability retirement

Indiana § 5-10.2-4-6

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10.2: PUBLIC RETIREMENT AND DISABILITY
• Ch. 4: Retirement and Disability Benefits

Text

(a) A member who becomes disabled while
receiving a salary or employer provided income protection benefits or
who is on leave under the Family and Medical Leave Act may retire for
the duration of the member's disability if:
(1) the member has at least five (5) years of creditable service
before the:
(A) termination of a salary or employer provided income
protection benefits or Family and Medical Leave Act leave; or
(B) exhaustion of all worker's compensation benefits;
(2) the member has qualified for Social Security disability
benefits and has furnished proof of the Social Security
qualification to the board; and
(3) at least once each year until the member reaches age sixty-five
(65) a representative of the board verifies the continued disability.
For the purposes of this section, a member of the public employees'
retirement fund who has qualified for disability benefits under the
federal civil service system is considered to have met the requirement
of subdivision (2) if the member furnishes proof of the qualification to
the board.
(b) Benefits for disability shall be paid beginning with the month
following the onset of disability as determined by the Social Security
Administration. The benefit is the retirement benefit specified in
section 4 of this chapter with the pension computed using only the
years of creditable service worked to the date of disability and without
reduction for early retirement. The monthly disability retirement
benefit payable before July 1, 2008, may not be less than one hundred
dollars ($100). The monthly disability retirement benefit payable after
June 30, 2008, may not be less than one hundred eighty dollars ($180).
(c) The member may have the member's benefit paid under any of
the retirement benefit options specified in section 7 of this chapter,
except that the member may not choose to have the member's disability
retirement benefit paid under the method specified under section
7(b)(3) of this chapter.
(d) This section applies to:
(1) a member of the public employees' retirement fund who
became disabled after June 30, 1973; and
(2) a member of the Indiana state teachers' retirement fund who
becomes disabled after June 30, 1984, and who chooses disability
retirement under this section.
(e) To the extent required by the Americans with Disabilities Act
(42 U.S.C. 12101 et seq.) and any amendments and regulations to the
Act, the transcripts, records, and other material compiled to determine
the existence of a disability shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
(f) A member may continue to receive disability benefits from the
public employees' retirement fund or the Indiana state teachers'
retirement fund so long as the member is entitled to receive Social
Security benefits, including periods of trial employment or
rehabilitation under the Social Security guidelines. However, during a
period of trial employment or rehabilitation, service credit may not be
granted under the public employees' retirement fund or the Indiana
state teachers' retirement fund.
(g) If the fund is authorized to make, in the form of a single check
or a series of checks, a one (1) time distribution that does not increase
the pension portion of the monthly benefit, the distribution must
include members eligible for disability benefits. A member eligible for
disability benefits is required to meet all additional requirements
necessary to receive the check or series of checks issued by the fund
under this subsection.
As added by Acts 1977, P.L.53, SEC.2. Amended by Acts 1978,
P.L.24, SEC.2; P.L.29-1984, SEC.1; P.L.4-1992, SEC.9; P.L.22-1998,
SEC.6; P.L.124-2008, SEC.2; P.L.131-2008, SEC.1; P.L.35-2012,
SEC.43.