Section 36-8-7-11 - Members retiring due to disability or inability to perform essential functions of job; monthly benefit(a) Benefits paid under this section are subject to section 2.5 of this chapter.(b) If a member of the fire department becomes seventy (70) years of age or is found upon examination by a medical officer to have a physical or mental disability and to be unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, so as to make necessary the person's retirement from all service with the department, the local board shall retire the person.(c) The local board may retire a person for disability only after a hearing conducted under IC 36-8-8-12.7.(d) If after the hearing the local board determines that a person who became disabled before July 1, 2000, is disabled and unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension. All physical and mental examinations of members of the fire department shall be made on order of the local board by a medical officer designated by the local board.(e) If, after the hearing under this section and a recommendation under section 12.5 of this chapter, the board of trustees of the Indiana public retirement system determines that a person who becomes disabled after June 30, 2000:(1) has a disability that is:(A) the direct result of: (i) a personal injury that occurs while the fund member is on duty;(ii) a personal injury that occurs while the fund member is responding to an emergency or reported emergency for which the fund member is trained; or(iii) an occupational disease (as defined in IC 22-3-7-10), including a duty related disease that is also included within clause (B);(B) a duty related disease (for purposes of this section, a "duty related disease" means a disease arising out of the fund member's employment. A disease is considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that: (i) there is a connection between the conditions under which the fund member's duties are performed and the disease; (ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and(iii) the disease can be traced to the fund member's employment as the proximate cause); or(C) a disability presumed incurred in the line of duty under IC 5-10-13 or IC 5-10-15; and(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act; the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension. All physical and mental examinations of members of the fire department shall be made on order of the local board by a medical officer designated by the local board.
(f) If after the hearing under this section and a recommendation under section 12.5 of this chapter, the board of trustees of the Indiana public retirement system determines that a person who becomes disabled after June 30, 2000:(1) has a disability that is not a disability described in subsection (e)(1); and(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act; the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension. All physical and mental examinations of members of the fire department shall be made on order of the local board by a medical officer designated by the local board.
Pre-Local Government Recodification Citation: 19-1-37-13.
Amended by P.L. 6-2012, SEC. 248, eff. 2/22/2012.As added by Acts1981 , P.L. 309, SEC.57. Amended by P.L. 364-1983, SEC.3; P.L. 199-1984, SEC.2; P.L. 38-1986, SEC.4; P.L. 55-1989, SEC.54; P.L. 311-1989, SEC.3; P.L. 4-1992, SEC.38; P.L. 197-1993, SEC.3; P.L. 40-1997, SEC.6; P.L. 118-2000, SEC.10; P.L. 246-2001, SEC.14; P.L. 185-2002, SEC.7; P.L. 62-2006, SEC.3; P.L. 99-2007, SEC.216.