Indiana Code 33-38-7-12. Permanent disability of participants; transcripts, records, and other materials
(b) A participant is considered permanently disabled if the board has received a written certificate by at least two (2) licensed and practicing physicians, appointed by the board, indicating that:
Terms Used In Indiana Code 33-38-7-12
- Americans with Disabilities Act: refers to the Americans with Disabilities Act (42 U. See Indiana Code 33-38-7-2
- board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 33-38-7-3
- participant: means a judge who participates in the fund. See Indiana Code 33-38-7-7
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) the condition is likely to be permanent.
(c) The participant shall be reexamined by at least two (2) physicians appointed by the board at the times as the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant’s disability, then benefits cease to be payable as of the date of the examination unless, on that date, the participant is:
(1) at least sixty-five (65) years of age; or
(2) at least fifty-five (55) years of age and meets the requirements under section 11(b)(2)(B) of this chapter.
(d) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated by the initial and periodic examinations and reviews to determine eligibility for disability benefits under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
[Pre-2004 Recodification Citation: 33-13-9.1-5.]
As added by P.L.98-2004, SEC.17.