Sec. 13.5. (a) This section applies to participants whose disability occurred after June 30, 1987.

     (b) Benefits provided under this section are subject to section 2.5 of this chapter.

Terms Used In Indiana Code 5-10-5.5-13.5

  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Salary: means the total compensation, exclusive of expense allowances, paid to any officer by the department or the commission, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 5-10-5.5-1
     (c) As used in this section, a disability is to be considered to have arisen in the line of duty if the disability is the direct result of:

(1) a personal injury that occurs while the participant is on duty; or

(2) a personal injury that occurs while the participant is off duty and responding to an offense or an emergency or a reported offense or emergency;

or if the disability is presumed incurred in the line of duty under IC 5-10-13.

     (d) A participant whose disability arose in the line of duty is entitled to a monthly benefit equal to the participant’s monthly salary on the date of disability multiplied by the degree of impairment (expressed as a percentage impairment of the person as a whole). However, the monthly benefit under this subsection must be at least:

(1) twenty percent (20%) of the participant’s monthly salary on the date of the disability if the participant has more than five (5) years of service; or

(2) ten percent (10%) of the participant’s monthly salary on the date of the disability if the participant has five (5) or fewer years of service.

     (e) A participant whose disability did not arise in the line of duty is entitled to a monthly benefit equal to one-half (1/2) of the participant’s monthly salary on the date of disability multiplied by the degree of impairment (expressed as a percentage of the person as a whole). However, the monthly benefit under this subsection must be at least:

(1) ten percent (10%) of the participant’s monthly salary on the date of the disability if the participant has more than five (5) years of service; or

(2) five percent (5%) of the participant’s monthly salary on the date of the disability if the participant has five (5) or fewer years of service.

     (f) A participant who is receiving a disability benefit under subsection (d) is entitled:

(1) to receive a disability benefit for the remainder of the participant’s life; and

(2) to have the participant’s benefit recomputed under section 10 of this chapter (relating to normal retirement) when the participant becomes sixty (60) years of age.

As added by P.L.56-1987, SEC.4. Amended by P.L.55-1989, SEC.4; P.L.185-2002, SEC.1; P.L.180-2007, SEC.7.

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