35 IAC 2-5-2 - Transfer from disability to regular retirement
Authority: IC 5-10.5-4-2; IC 36-8-8-5
Affected: IC 36-8-8-12.4
Sec. 2.
(a) A fund
member hired for the first time before January 1, 1990, and who did not file an
election under IC 36-8-8-12.4 with the PERF board prior to January 1, 1991,
shall continue to receive the same amount of disability benefits when the
member is transferred from disability to regular retirement status.
(b) Upon attaining fifty-two (52) years of
age, a member receiving Class 1 or Class 2 impairment benefits shall be
entitled to receive a retirement benefit equal to the greater of:
(1) the benefit payable to a member with
twenty (20) years of service; or
(2) a benefit calculated on the total years
of service and salary, as of the year the member attains fifty-two (52) years
of age, that the member would have earned had the member remained in active
service until attaining fifty-two (52) years of age.
(c) Upon attaining fifty-two (52) years of
age, a member receiving Class 3 impairment benefits, who has at least four (4)
years of service or who is receiving a Class 3 impairment benefit that equals
or exceeds thirty percent (30%) of the monthly salary of a first class police
officer or firefighter in the year of the local board's determination of
impairment, shall continue to receive the same amount of disability benefits
when the member is transferred from disability to regular retirement
status.
(d) An eligible member may
apply for disability benefits regardless of age. If it is determined that a
member of the pre-1990 disability plan has a line-of-duty impairment, or a
member of the 1990 disability plan has a class 1 or class 2 impairment, the
member will begin receiving a lifetime impairment benefit. If a member of the
pre-1990 disability plan has a nonline-of-duty impairment, or a member of the
1990 disability plan has a class 3 impairment, and the member has already
attained fifty-two (52) years of age, the member's disability retirement will
be immediately converted to a regular retirement.
Notes
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