Sec. 12.7. (a) Upon a petition from a participant, the department, or the commission, the board of trustees of the Indiana public retirement system, or its designee, shall make the determinations required by section 13 of this chapter and shall also determine:

(1) the degree of impairment of any officer determined to have a disability; and

Terms Used In Indiana Code 5-10-5.5-12.7

  • Americans with Disabilities Act: refers to the Americans with Disabilities Act (42 U. See Indiana Code 5-10-5.5-1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 5-10-5.5-1
  • Commission: means the alcohol and tobacco commission. See Indiana Code 5-10-5.5-1
  • Department: means the Indiana department of natural resources. See Indiana Code 5-10-5.5-1
  • Officer: means any Indiana state excise police officer, any Indiana state conservation enforcement officer, any gaming agent, or any gaming control officer. See Indiana Code 5-10-5.5-1
  • Participant: means any officer who has elected to participate in the retirement plan created by this chapter. See Indiana Code 5-10-5.5-1
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) whether the disability arose in the line of duty (as defined in section 13.5 of this chapter).

     (b) The impairment standards contained in the United States Department of Veterans Affairs Schedule for Rating Disabilities in effect at the time the application for disability benefits is filed with the board of trustees shall be used to determine the degree of impairment.

     (c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated as a result of a hearing, a review, or an appeal conducted under this chapter to determine the existence of a disability, the cause of a disability, or the degree of impairment shall be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

As added by P.L.56-1987, SEC.2. Amended by P.L.1-1990, SEC.57; P.L.4-1992, SEC.7; P.L.25-1994, SEC.1; P.L.99-2007, SEC.12; P.L.35-2012, SEC.24.

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