Sec. 23. (a) This section applies to a fund member who:
(1) after June 30, 2009, receives a benefit based on a determination that the member has a Class 1 or Class 2 impairment, regardless of whether the determination was made before, on, or after June 30, 2009; and
(2) before July 1, 2009, has not had the member's disability benefit recalculated under section 13.5 of this chapter.
(b) Upon becoming fifty-two (52) years of age, a fund member receiving a Class 1 impairment benefit or Class 2 impairment benefit under section 13.5(h)(2) of this chapter is entitled to receive a monthly supplemental benefit determined in STEP THREE of the following formula:
STEP ONE: Determine the greater of:
(A) the monthly retirement benefit payable to a fund member with twenty (20) years of service; or
(B) the monthly retirement benefit payable to a fund member with the total years of service (including both active service and the period, not to exceed twenty (20) years, during which the member received disability benefits) and salary, as of the year the fund member becomes fifty-two (52) years of age, that the fund member would have earned if the fund member had remained in active service until becoming fifty-two (52) years of age.
STEP TWO: Subtract from the amount determined under STEP ONE the amount of any monthly benefit determined under section 13.5 of this chapter that the fund member is entitled to receive for the remainder of the fund member's life.
STEP THREE: Determine the greater of the following:
(A) The remainder determined under STEP TWO.
(B) Zero (0).
(c) A monthly supplemental benefit determined under this section is payable for the remainder of the fund member's life.
As added by P.L.32-2009, SEC.3; P.L.34-2009, SEC.3.
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