Sec. 13.2. (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 13(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a disability described in section 13(b)(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.18. Amended by P.L.6-2012, SEC.250.
Structure Indiana Code
Chapter 7.5. 1953 Police Pension Fund (Indianapolis)
36-8-7.5-0.1. Application of Certain Amendments to Chapter
36-8-7.5-1. Application of Chapter; Officers Eligible for Benefits
36-8-7.5-1.5. Qualification of 1953 Fund Under Internal Revenue Code; Benefit Limitations
36-8-7.5-1.7. "Americans With Disabilities Act"
36-8-7.5-1.9. Administration of Fund
36-8-7.5-2. Establishment of Fund; Local Board of Trustees; Terms; Vacancies; Compensation; Bylaws
36-8-7.5-3. Officers of Local Board; Powers and Duties; Secretary's Bond; Reports
36-8-7.5-4. Management of Revenue of Fund by Local Board
36-8-7.5-5. Applications to Local Board for Annuities, Pensions, and Benefits
36-8-7.5-6. Annual Report of Local Board
36-8-7.5-7. Employees of Local Board; Compensation
36-8-7.5-9. City Officers; Powers and Duties
36-8-7.5-10. Insufficient Pension Fund; Estimates; Statement; Tax Levy
36-8-7.5-10.5. Use of Certain Amounts in 1953 Fund
36-8-7.5-11. Investments of Local Board
36-8-7.5-12. Voluntary Retirement Pension; Emergency Services
36-8-7.5-12.5. Reemployment After Retirement
36-8-7.5-13.2. Determination Whether Disability in Line of Duty
36-8-7.5-13.6. Members Dying Other Than in Line of Duty
36-8-7.5-13.7. Members Dying in Line of Duty Before September 1, 1982
36-8-7.5-13.8. Death Benefits Paid to Beneficiary or Estate of Member
36-8-7.5-14.1. Members Dying in Line of Duty After August 31, 1982
36-8-7.5-15. Necessity of Application; Dismissed Member of Police Department
36-8-7.5-16. Reduction in Monthly Pension
36-8-7.5-20. Benefits Paid Contrary to Law; Recovery of Pension
36-8-7.5-21. Remuneration or Allowances Not to Be Used in Computation of Benefits
36-8-7.5-22. Special Lump Sum Death Benefit in Addition to Other Benefits