Sec. 12.5. (a) This section applies only to a fund member who:
(1) is hired for the first time after December 31, 1989;
(2) chooses coverage by this section and section 13.5 of this chapter under section 12.4 of this chapter; or
(3) is described in section 12.3(c)(2) of this chapter.
(b) At the same hearing where the determination of whether the fund member has a covered impairment is made, the local board shall determine the following:
(1) Whether the fund member has a Class 1 impairment. A Class 1 impairment is a covered impairment that is the direct result of one (1) or more of the following:
(A) A personal injury that occurs while the fund member is on duty.
(B) A personal injury that occurs while the fund member is off
duty and is responding to:
(i) an offense or a reported offense, in the case of a police officer; or
(ii) an emergency or reported emergency for which the fund member is trained, in the case of a firefighter.
(C) An occupational disease (as defined in IC 22-3-7-10). A covered impairment that is included within this clause and subdivision (2), including mental illnesses, shall be considered a Class 1 impairment.
(D) A health condition caused by an exposure risk disease that results in a presumption of disability or death incurred in the line of duty under IC 5-10-13.
(2) Whether the fund member has a Class 2 impairment. A Class 2 impairment is a covered impairment that is:
(A) a duty related disease. A duty related disease means a disease arising out of the fund member's employment. A disease shall be considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:
(i) there is a connection between the conditions under which the fund member's duties are performed and the disease;
(ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and
(iii) the disease can be traced to the fund member's employment as the proximate cause; or
(B) a health condition caused by:
(i) an exposure related heart or lung disease;
(ii) an exposure related cancer; or
(iii) exposure related Parkinson's disease;
that results in a presumption of disability incurred in the line of duty under IC 5-10-15.
(3) Whether the fund member has a Class 3 impairment. A Class 3 impairment is a covered impairment that is not a Class 1 impairment or a Class 2 impairment.
As added by P.L.311-1989, SEC.9. Amended by P.L.213-1995, SEC.10; P.L.185-2002, SEC.11; P.L.62-2006, SEC.7; P.L.59-2009, SEC.5; P.L.54-2020, SEC.1.
Structure Indiana Code
Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund
36-8-8-0.1. Application of Certain Amendments to Chapter
36-8-8-1. Application of Chapter
36-8-8-1.5. "Electronic Funds Transfer"
36-8-8-2.5. Qualification of 1977 Fund Under Internal Revenue Code
36-8-8-2.6. Administration of Fund
36-8-8-3. Participation by Units; Longevity Increases
36-8-8-4. Fund Established; Managed by System Board
36-8-8-5. System Board; Powers and Duties; Appeals; Personnel; Confidentiality of Fund Records
36-8-8-6. Employer Contributions; Reports and Records
36-8-8-6.5. Submission of Salary
36-8-8-7. Membership in Fund; Reemployment With Participating Employer
36-8-8-7.2. Fire Chief or Police Chief Transfer of Service Credit to Perf
36-8-8-8. Employee Contributions; Lump Sum Withdrawal on Termination of Employment
36-8-8-8.3. Purchase of Military Service Credit
36-8-8-8.5. Purchase of Service Credit in Certain Indiana Public Retirement Funds
36-8-8-8.6. Purchase of In-State Service Credit
36-8-8-8.8. Purchase of Out-of-State Service Credit
36-8-8-9. Conversion From Prior Fund
36-8-8-9.5. Fund Member Maximum Retirement Age
36-8-8-11. Computation of Retirement Benefits; Actuarially Reduced Benefits
36-8-8-11.5. Reemployment After Retirement
36-8-8-12.3. Covered Impairments; Hearings; Inclusions; Class 3 Excludable Condition; Determination
36-8-8-12.4. Election of Coverage by Ic 36-8-8-12.5 and Ic 36-8-8-13.5
36-8-8-12.5. Determination of Class of Impairment
36-8-8-13.3. Disability Benefits; Benefit for Catastrophic Physical Personal Injury
36-8-8-13.6. "Class 3 Excludable Condition"; Rules; Recording and Retaining Listing of Condition
36-8-8-13.7. Review of Member's Impairment; Hearing; Costs of Medical Examination
36-8-8-13.8. Members Dying Other Than in Line of Duty After August 31, 1982
36-8-8-13.9. Members Dying in Line of Duty Before September 1, 1982
36-8-8-14.1. Members Dying in Line of Duty After August 31, 1982
36-8-8-14.2. Public Safety Officers Survivors' Health Coverage Cumulative Fund
36-8-8-15. Cost of Living Adjustment
36-8-8-16. Lump Sum Death Benefit
36-8-8-17.2. Voluntary Benefit Deductions
36-8-8-18.1. Members Electing to Transfer or Being Transferred to 1997 Fund From Perf
36-8-8-19. Baseline Statewide Physical and Mental Examinations
36-8-8-20. Special Lump Sum Death Benefit in Addition to Other Benefits
36-8-8-22. Selection of Administrative Law Judge