Section 36-8-8-14.1 - Members dying in line of duty after August 31, 1982(a) Benefits paid under this section are subject to section 2.5 of this chapter.(b) This section applies to an active member who dies in the line of duty after August 31, 1982.(c) If a fund member dies in the line of duty after August 31, 1982, the member's surviving spouse is entitled to a monthly benefit during the spouse's lifetime, equal to the benefit to which the member would have been entitled on the date of the member's death, but not less than the benefit payable to a member with twenty (20) years service at fifty-two (52) years of age. If the spouse remarried before September 1, 1983, and benefits ceased on the date of remarriage, the benefits for the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.(d) If a fund member dies in the line of duty, each of the member's surviving children is entitled to a monthly benefit equal to twenty percent (20%) of the fund member's monthly benefit: (1) until the child reaches eighteen (18) years of age; or(2) until the child reaches twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; whichever period is longer. However, if the board finds upon the submission of satisfactory proof that a child who is at least eighteen (18) years of age is mentally or physically incapacitated, is not a ward of the state, and is not receiving a benefit under subdivision (2), the child is entitled to receive an amount each month that is equal to the greater of thirty percent (30%) of the monthly pay of a first class patrolman or first class firefighter or fifty-five percent (55%) of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member's death as long as the mental or physical incapacity of the child continues. Benefits paid for a child shall be paid to the surviving parent as long as the child resides with and is supported by the surviving parent. If the surviving parent dies, the benefits shall be paid to the legal guardian of the child.
(e) If there is no surviving eligible child or spouse, and there is proof satisfactory to the local board, subject to review in the manner specified in section 13.1(c) of this chapter, that the parent was wholly dependent on the fund member, the member's surviving parent is entitled, or both surviving parents if qualified are entitled jointly, to receive fifty percent (50%) of the fund member's monthly benefit during the parent's or parents' lifetime. As used in this subsection, a parent is wholly dependent on a fund member if the fund member claimed the parent as a dependent on the federal income tax return filed by the fund member in the year before the year in which the fund member died.(f) If the fund member did not have at least twenty (20) years of service or was not at least fifty-two (52) years old, the benefit is computed as if the member: (1) did have twenty (20) years of service; and(2) was fifty-two (52) years of age.(g) For purposes of this section, "dies in the line of duty" means death that occurs as a direct result of personal injury or illness caused by incident, accident, or violence that results from:(1) any action that the member, in the member's capacity as a police officer: (A) is obligated or authorized by rule, regulation, condition of employment or service, or law to perform; or(B) performs in the course of controlling or reducing crime or enforcing the criminal law; or(2) any action that the member, in the member's capacity as a firefighter:(A) is obligated or authorized by rule, regulation, condition of employment or service, or law to perform; or(B) performs while on the scene of an emergency run (including false alarms) or on the way to or from the scene. The term includes a death presumed incurred in the line of duty under IC 5-10-13.
(h) The unit of local government that employed the deceased member shall after December 31, 2003, offer to provide and pay for health insurance coverage for the member's surviving spouse and for each natural child, stepchild, or adopted child of the member: (1) until the child becomes eighteen (18) years of age;(2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or(3) during the entire period of the child's physical or mental disability; whichever period is longest. If health insurance coverage is offered by the unit to active members, the health insurance provided to a surviving spouse and child under this subsection must be equal in coverage to that offered to active members. The offer to provide and pay for health insurance coverage shall remain open for as long as there is a surviving spouse or as long as a natural child, stepchild, or adopted child of the member is eligible for coverage under subdivision (1), (2), or (3).
As added by P.L. 50-1984, SEC.14. Amended by P.L. 196-1988, SEC.4; P.L. 1-1989, SEC.74; P.L. 55-1989, SEC.64; P.L. 1-1993, SEC.247; P.L. 52-1993, SEC.6; P.L. 197-1993, SEC.6; P.L. 1-1994, SEC.180; P.L. 25-1994, SEC.11; P.L. 231-1997, SEC.6; P.L. 40-1997, SEC.9; P.L. 22-1998, SEC.25; P.L. 195-1999, SEC.35; P.L. 118-2000, SEC.28; P.L. 62-2002, SEC.4; P.L. 185-2002, SEC.12; P.L. 86-2003, SEC.9; P.L. 1-2007, SEC.244; P.L. 62-2010, SEC.3; P.L. 23-2010, SEC.3.