Indiana Code
Chapter 7. 1937 Firefighters' Pension Fund
36-8-7-12.5. Determination Whether Disability in Line of Duty

Sec. 12.5. (a) If a local board determines that a fund member has a temporary or a permanent disability, the local board shall also make a recommendation to the board of trustees of the Indiana public retirement system (referred to in this section as "the system board") concerning whether the disability is:
(1) a disability in the line of duty (as described in section 11(e)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a disability described in section 11(e)(1) of this chapter).
The local board shall forward its recommendation to the system board.
(b) The system board shall review the local board's recommendation not later than forty-five (45) days after receiving the recommendation and shall then issue an initial determination of whether the disability is in the line of duty or not in the line of duty. The system board shall notify the local board, the safety board, and the fund member of its initial determination.
(c) The fund member, the safety board, or the local board may object in writing to the system board's initial determination under subsection (b) not later than fifteen (15) days after the initial determination is issued. If a written objection is not filed, the system board's initial determination becomes final. If a timely written objection is filed, the system board shall issue a final determination after a hearing. The final determination must be issued not later than one hundred eighty (180) days after the date of receipt of the local board's recommendation.
As added by P.L.118-2000, SEC.15. Amended by P.L.6-2012, SEC.249.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 8. Public Safety

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. Use of Funds

36-8-7-9.5. Use of Certain Amounts in 1937 Fund

36-8-7-10. Investment of Funds

36-8-7-11. Members Retiring Due to Disability or Inability to Perform Essential Functions of Job; Monthly Benefit

36-8-7-12. Repealed

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

36-8-7-14. Annual Statement of Receipts and Disbursements; Payment of Excess Expenditures by Unit; Appropriations

36-8-7-15. Insufficient Funds for Appropriations; Loans; Tax Levy to Repay Loans

36-8-7-16. Disability Retirees; Physical Examinations; Reactivation; Hearing; Period of Disability Credited; Transcripts, Reports, Records, and Other Materials

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

36-8-7-19. Repealed

36-8-7-20. Deposit of Funds

36-8-7-21. Payments; Procedure

36-8-7-22. Exemption of Fund From Judicial Process; Authorized Expenditures; Reimbursement of Employers; Withholding Payments

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

36-8-7-27. Rollover to Eligible Retirement Plan