Sec. 11. (a) The superintendent of the Indiana Veterans’ Home, with the approval of the director, may adopt a standard method of determining a lesser rate to be accepted in settlement of maintenance charges due from a member of the home. A member shall receive at least thirty dollars ($30) per month for personal needs before a maintenance charge is levied against current income.

     (b) The monthly maintenance charge may not exceed one-twelfth (1/12) of the annual per capita cost of the preceding year.

Terms Used In Indiana Code 10-17-9-11

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Dependent: A person dependent for support upon another.
  • director: refers to the director of veterans' affairs appointed under IC 10-17-1-5. See Indiana Code 10-17-9-0.3
  • home: refers to the Indiana Veterans' Home. See Indiana Code 10-17-9-0.5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • superintendent: refers to the superintendent of the Indiana Veterans' Home appointed under section 3. See Indiana Code 10-17-9-0.8
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (c) The superintendent may adjust the standard for determining the lesser rate to provide that in the case of married members with the spouses residing at the home this standard will allow at least forty dollars ($40) to be deducted from income by the member before the charge for maintenance is applied.

     (d) The superintendent, in adopting the standard method of determining a lesser rate to be accepted in settlement of maintenance charges due from a member of the home, shall take into account as current income:

(1) a pension;

(2) compensation or income from any source; and

(3) benefits from:

(A) the federal Social Security Administration;

(B) the railroad retirement law; or

(C) a retirement annuity or insurance annuity.

     (e) The agreement to accept a lesser rate from current income does not relieve the estate of the member of the charge for the full per capita cost for the period the member resided in the home. However, the claim for the full per capita cost will not be filed or allowed if there is a surviving spouse, dependent child less than eighteen (18) years of age, or dependent parent.

[Pre-2003 Recodification Citation: 10-6-1-11.]

As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.11.

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