Indiana Code 33-38-8-15. Permanent disability of participants; certification; recovery; transcripts, reports, records, and other materials
(1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and
Terms Used In Indiana Code 33-38-8-15
- Americans with Disabilities Act: refers to the Americans with Disabilities Act (42 U. See Indiana Code 33-38-8-2
- board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 33-38-8-3
- participant: means a judge who participates in the fund. See Indiana Code 33-38-8-7
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(b) The participant shall be reexamined by at least two (2) physicians appointed by the board, at the times 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 shall cease to be payable as of the date of the examination unless, on that date, the participant is at least:
(1) sixty-five (65) years of age; or
(2) fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter.
(c) 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: 33-13-10.1-8.]
As added by P.L.98-2004, SEC.17. Amended by P.L.99-2007, SEC.198.