Indiana Code
Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund
36-8-8-12.5. Determination of Class of Impairment

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

Indiana Code

Title 36. Local Government

Article 8. Public Safety

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. "Employer"

36-8-8-2.1. "Local Board"

36-8-8-2.3. "System Board"

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

36-8-8-10. Eligibility for Retirement; Initiation of Benefits; Election to Receive Actuarially Reduced Benefits

36-8-8-11. Computation of Retirement Benefits; Actuarially Reduced Benefits

36-8-8-11.5. Reemployment After Retirement

36-8-8-12. Benefits for Members With Covered Impairments; Retirement Benefits for Members Who Have a Disability and Are Less Than 52 Years Old

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

36-8-8-12.7. Hearings; Notice; Procedure; Discovery; Determinations; Appeals; Records; Determination Whether Disability in Line of Duty

36-8-8-13. Repealed

36-8-8-13.1. Submission of Determination of Local Board and Safety Board to System Director; Medical Examinations; Initial Determination; Objections; Hearing; Final Order; Appeals

36-8-8-13.3. Disability Benefits; Benefit for Catastrophic Physical Personal Injury

36-8-8-13.5. Applicability to Certain Fund Members; Disability Benefits for Classes of Impairment; 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. Repealed

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. Benefits Exempt From Judicial Process; Reimbursement of Employers; Withholding Payments; Transfer Prohibited; Rollover to Eligible Retirement Plan

36-8-8-17.2. Voluntary Benefit Deductions

36-8-8-18. Credit for Service Prior to Participation in 1977 Fund; Rollover Distributions; Trustee to Trustee Transfers

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

36-8-8-21. 1977 Fund Members; Age Limitation; Aptitude, Physical Agility, and Physical and Mental Standards; Credit for Prior Service

36-8-8-22. Selection of Administrative Law Judge

36-8-8-23. Disability Retiree Supplemental Benefit

36-8-8-24. Beneficiary Designation