Sec. 12.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter.
(b) A member who has been in service twenty (20) years, upon making a written application to the fire chief, may be retired from all service with the department without a medical examination or disability. Except as provided in subsection (f), the local board shall authorize the payment to the retired member of fifty percent (50%) of the salary of a fully paid first class firefighter of the unit at the time of the payment of the pension, plus:
(1) for a member who retires before January 1, 1986, two percent (2%) of that salary for each year of service; or
(2) for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of service;
over twenty (20) years. However, the pension in one (1) year may not exceed an amount greater than seventy-four percent (74%) of the salary of a fully paid first class firefighter.
(c) A member who is discharged from the fire department after having served at least twenty (20) years is entitled to receive the amount equal to the amount that the member would have received if the member retired voluntarily.
(d) All pensions in a class are on an equal basis. The local board may not depart from this chapter in authorizing the payment of pensions.
(e) The monthly pension payable to a member may not be reduced below the amount of the first full monthly pension received by that person.
(f) The monthly pension payable to a member who is transferred from disability to regular retirement status may not be reduced below fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.
(g) A benefit payable under this section shall be paid in not less than twelve (12) monthly installments.
(h) A fund member who is receiving disability benefits under section 11(d) or 11(f) of this chapter shall be transferred from disability to regular retirement status when the member becomes fifty-five (55) years of age.
(i) A fund member who is receiving disability benefits under section 11(e) of this chapter is entitled to:
(1) receive a disability benefit for the remainder of the fund member's life; and
(2) have the amount of the disability benefit computed under section 11(e) of this chapter when the fund member becomes fifty-five (55) years of age.
As added by P.L.196-1988, SEC.2. Amended by P.L.1-1989, SEC.71; P.L.55-1989, SEC.55; P.L.171-1990, SEC.2; P.L.197-1993, SEC.4; P.L.52-1993, SEC.4; P.L.1-1994, SEC.179; P.L.231-1997, SEC.3; P.L.40-1997, SEC.7; P.L.118-2000, SEC.11; P.L.62-2006, SEC.4.
Structure Indiana Code
Chapter 7. 1937 Firefighters' Pension Fund
36-8-7-0.1. Application of Certain Amendments to Chapter
36-8-7-1. Application of Chapter
36-8-7-2. "Fire Company" Defined
36-8-7-2.5. Qualification of 1937 Fund Under Internal Revenue Code; Benefit Limitations
36-8-7-2.7. "Americans With Disabilities Act"
36-8-7-2.9. Administration of Fund
36-8-7-3. Creation of Fund; Management by Board of Trustees; Powers and Duties
36-8-7-4. Fire Departments With Fewer Than Five Members; Trustees; Elections
36-8-7-5. Trustees; Election of Active Members
36-8-7-6. Trustees; Election of Retired Members
36-8-7-6.5. Securing Ballots; Tampering With Ballots
36-8-7-7. Trustees; Officers; Local Board Secretary Bond; Rules; Application for Relief or Pensions
36-8-7-8. Derivation of Money in Fund
36-8-7-9.5. Use of Certain Amounts in 1937 Fund
36-8-7-10. Investment of Funds
36-8-7-12.1. Members Retiring With 20 Years Service
36-8-7-12.2. Members Dying Other Than in Line of Duty
36-8-7-12.3. Members Dying in Line of Duty Before September 1, 1982
36-8-7-12.4. Members Dying in Line of Duty After August 31, 1982
36-8-7-12.5. Determination Whether Disability in Line of Duty
36-8-7-12.7. Reemployment After Retirement
36-8-7-13. Lump Sum Death Benefit
36-8-7-15. Insufficient Funds for Appropriations; Loans; Tax Levy to Repay Loans
36-8-7-17. Eligibility for Employment; Physical Examinations; Age Requirements
36-8-7-18. Membership of Persons Employed on March 2, 1937, in Pension Fund
36-8-7-21. Payments; Procedure
36-8-7-23. Fiscal Officer as Custodian of Fund; Liability; Accounts
36-8-7-24. Temporary Loans; Authorization and Procedure
36-8-7-25. Items Excluded When Computing Benefits; Liability for Overpayment
36-8-7-26. Special Lump Sum Death Benefit in Addition to Other Benefits