Sec. 19. (a) A member of the Indiana national guard who is wounded or disabled or was disabled in the service of the state including service related to:
(1) a riot;
(2) a tumult;
(3) a breach of the peace;
(4) a resistance to process;
(5) an invasion;
(6) a public disaster;
(7) the aid of civil authority; or
(8) a lawfully ordered parade, drill, encampment, or inspection;
within ten (10) years preceding the member's application for a pension under this chapter shall, upon proof of the disability, be placed on the roll of invalid pensioners of the state and shall receive out of money in the state treasury not otherwise appropriated, upon the audit of the adjutant general and approval of the governor, the same pension or reward that a person under similar circumstances would receive from the United States. In case of a wound, an injury, or a disease that results in death, the surviving spouse, dependent children, or dependent parent of the member of the Indiana national guard shall receive the pension and reward dating from the time of receiving the injuries on account of which the pension or reward is allowed. An officer or enlisted person is not entitled while in active service to apply for or receive a pension.
(b) If a member of the Indiana national guard dies in the active service of the state, the member's reasonable funeral expenses, not exceeding eight thousand eight hundred dollars ($8,800), shall be paid by the state in the manner as the governor directs.
(c) This section does not make applicable any provision of the national service life insurance law of the United States, and the pension or reward granted under this section shall be that provided for by the pension laws of the United States in substance, without regard to form.
[Pre-2003 Recodification Citation: 10-2-4-20.]
As added by P.L.2-2003, SEC.7. Amended by P.L.92-2016, SEC.1.
Structure Indiana Code
Article 16. Indiana Military Code
Chapter 7. Training and Active Duty of National Guard; Benefits of Members
10-16-7-0.3. "Active Duty Military Pay"
10-16-7-0.5. "Active Duty Military Service"
10-16-7-2.5. "Qualified Member"
10-16-7-3. Drills; Instruction; Encampments; Maneuvers; Other Exercises
10-16-7-4. Refusal to Permit Employees to Attend Drill or Other Duty
10-16-7-6. Leave of Absence While on Active Duty; Effect on Time or Pay
10-16-7-8. Arrest on Civil Process While on Active Duty
10-16-7-9. Sheriffs; Requesting National Guard Be Called to Active Duty
10-16-7-10. Written Orders Calling to Active Duty; Discretion in Carrying Out Orders
10-16-7-11. Unlawful Assembly; Command to Disperse
10-16-7-12. Riots and Mobs; Death, Personal Injuries, and Property Damage
10-16-7-13. Assault on Members; Quelling Attack
10-16-7-14. Right-of-Way on Streets and Highways
10-16-7-15. Assembly Regulating Passage and Occupancy of Streets; Offense
10-16-7-16. Election Day; Muster, Assembly, Review, or Parade
10-16-7-17.5. Group Life Insurance
10-16-7-19. Pensions; Funeral Expenses
10-16-7-20. False or Fraudulent Representations; Increasing, Reducing, or Withdrawing
10-16-7-21. Pension Examiners and Boards; Lump Sum Payments
10-16-7-22. Parenting Time; Making Up Lost Parenting Time
10-16-7-23. Extension of Federal Benefits
10-16-7-24. Administration of "Pdhra"
10-16-7-25. Transfers of Property Forfeited to the United States