Sec. 18. (a) Except as provided in subsections (b) and (c), a participant who becomes permanently disabled, as described in section 17 of this chapter, is entitled to an annual benefit equal to the product of:
(1) the annual salary that was paid to the participant at the time of separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
of Service
Percentage
0-12
50%
13
51%
14
52%
15
53%
16
54%
17
55%
18
56%
19
57%
20
58%
21
59%
22 or more
60%
If a participant has a partial year of service in addition to at least ten (10) years of service, an additional percentage is calculated under this subsection by prorating between the applicable percentages, based on the number of months in the partial year of service.
(b) Except as provided in subsection (c), benefits payable to a participant under this section are reduced by the amounts, if any, that are payable to the participant from the public employees' retirement fund.
(c) This subsection applies to a participant who is a member of the public employees' defined contribution plan established by IC 5-10.3-12-18. Benefits payable to a participant under this section are reduced by the pension portion of the retirement benefit, if any, that would be payable to the participant from the public employees' retirement fund if the participant had not made an election under IC 5-10.3-12-20 to become a member of the public employees' defined contribution plan.
[Pre-2004 Recodification Citation: 33-14-9-16.]
As added by P.L.98-2004, SEC.18. Amended by P.L.54-2013, SEC.5; P.L.160-2013, SEC.7; P.L.27-2019, SEC.25.
Structure Indiana Code
Title 33. Courts and Court Officers
Article 39. Prosecuting Attorneys
33-39-7-0.1. Applicability of p.l.33-2006 Amendments
33-39-7-1. Application of Chapter
33-39-7-2. Americans With Disabilities Act
33-39-7-9. Establishment of Fund; Contents
33-39-7-10. Fund Construed as Trust; Purpose
33-39-7-11. Administration; Commingling; Duties of Board; Appeals; Confidentiality of Fund Records
33-39-7-12.5. Submission of Contributions, Reports, and Records Electronically
33-39-7-13. Withdrawals; Rejoining Fund if Participant Returns to Service
33-39-7-15. Eligibility for Retirement Benefits
33-39-7-16. Computation of Retirement Benefits
33-39-7-17. Eligibility for Disability Benefits; Certification by Physician; Segregation of Records
33-39-7-18. Computation of Disability Benefits
33-39-7-19. Benefits Payable to Surviving Spouse; Eligibility; Computation
33-39-7-20. Benefits Payable to Dependent Children; Eligibility; Computation; Distribution
33-39-7-21. Withdrawal of Funds After Participant Dies; Surviving Spouse; Children; Estate
33-39-7-22. Satisfaction of Section 401 of the Internal Revenue Code Requirements
33-39-7-24. Rollover to Eligible Retirement Plan