35 IAC 2-5-5.2 - 1977 police officers' and firefighters' pension and disability fund benefit payments pending appeal

Authority: IC 5-10.5-4-2; IC 36-8-8-5

Affected: IC 4-21.5; IC 34-13-1-6; IC 36-8-8-12.5; IC 36-8-8-13.5

Sec. 5.2.

(a) A member who elects to exercise the right to appeal an adverse decision issued by the 1977 police officers' and firefighters' pension and disability fund may receive benefit payments less the disputed amount while the matter is pending. Should the matter be resolved in the member's favor, future benefits will be adjusted accordingly and a lump-sum payment for past benefits due shall be issued within sixty (60) days. If, however, the necessary information has not been provided or was delayed, the sixty (60) day period will be extended accordingly.

(b) Whenever, by final decree or judgment, a sum of money is adjudged to be due to a person, the judgment shall draw an annual rate of interest as described in IC 34-13-1-6. The fund shall not pay prejudgment interest.

(c) When a member appeals an initial determination of disability benefits and the member prevails, the increase is awarded retroactive to the date of the initial determination. No interest on any retroactive disability payments will be owed.

Notes

35 IAC 2-5-5.2

Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-5-5.2; adopted Nov 19, 2010: 20101208-IR-035100722ONA