Sec. 1. (a) A member who becomes disabled after June 30, 1984, may receive a benefit under this section and sections 2 through 4 of this chapter. If the member qualifies for disability retirement under IC 5-10.2-4-6, the member may choose to receive a benefit under IC 5-10.2-4-6 instead of under this section and sections 2 through 4 of this chapter.
(b) A member who:
(1) is an active teacher;
(2) has earned at least five (5) service credits; and
(3) suffers a temporary or permanent disability that continues for at least six (6) months;
may receive a classroom disability benefit for as long as the disability exists.
(c) Except as provided in subsection (d), a teacher must apply not later than one (1) year after the date of the disability to receive a classroom disability benefit under this chapter.
(d) The board may waive the requirement described in subsection (c) if the board finds extenuating circumstances that justifiably prevented the person from applying within the time required. The board shall adopt rules specifying the extenuating circumstances that must be shown before a waiver may be granted under this subsection.
[Pre-2006 Education Finance Recodification Citation: 21-6.1-5-1.]
As added by P.L.2-2006, SEC.28.
Structure Indiana Code
Title 5. State and Local Administration
Article 10.4. State Teachers' Retirement Fund
5-10.4-5-0.2. Application of Certain Amendments to Chapter
5-10.4-5-0.3. Validation of Certain Actions Taken by Public Schools
5-10.4-5-1. Disability Benefit
5-10.4-5-2. Calculation of Disability Benefit
5-10.4-5-3. Deduction From Death Benefits
5-10.4-5-4. Election to Terminate Disability Benefit at Retirement Age
5-10.4-5-5. Prohibition Against Mandatory Retirement Age
5-10.4-5-6. Eligibility for Retirement Benefits
5-10.4-5-7. Member-Legislators
5-10.4-5-8. Designation of Retirement Date
5-10.4-5-9. Schedule; Initial Pension Benefit
5-10.4-5-10. Cancellation of Uncashed Benefit Check
5-10.4-5-12. Death Before Retirement; Payment of Benefits
5-10.4-5-13. Calculation of Benefit; Teaching After Initial Retirement
5-10.4-5-14.5. Assignment of Benefits
5-10.4-5-15. Termination of Benefits; Grounds; Limitations
5-10.4-5-16. Retirement Before July 1, 1975; Limitations on Reductions in Benefits