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
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