Chapter 2.180
SURVIVORS’ BENEFITS OF MEMBERS OF THE 1925 POLICE PENSION FUND

Sections:

2.180.010    Survivors’ benefits of members of the 1925 Police Pension Fund.

2.180.010 Survivors’ benefits of members of the 1925 Police Pension Fund.

(A) Members Dying Other Than in Line of Duty. This subsection (A) shall be interpreted consistent with and in compliance with the requirements of IC 36-8-6-9.6.

(1) This subsection (A) applies to an active or retired member of the 1925 Police Pension Fund who dies other than in the line of duty (as defined in IC 36-8-6-10.1).

(2) A payment shall be made to the surviving spouse of a deceased member in an amount fixed by ordinance, but at least an amount equal to the following:

(a) To the surviving spouse of a member who died before January 1, 1989, an amount equal to 30 percent of the monthly pay of a first-class patrolman per month during the surviving spouse’s life if the spouse did not remarry before September 1, 1983. 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.

(b) Except as otherwise provided in this subsection, to the surviving spouse of a member who dies after December 31, 1988, an amount per month, during the spouse’s life, equal to the greater of:

(i) Thirty percent of the monthly pay of a first-class patrolman; or

(ii) Fifty-five percent of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member’s death.

However, if the deceased member was not entitled to a benefit because the member had not completed 20 years of service, for purposes of computing the amount under subsection (A)(2)(b)(ii) of this section, the member’s benefit shall be considered to be 50 percent of the monthly salary of a first-class patrolman. The amount provided in this subsection is subject to adjustment as provided in subsection (A)(5) of this section.

(3) Except as otherwise provided in this subsection, a payment shall also be made to each child of a deceased member less than 18 years of age in an amount equal to 20 percent of the monthly pay of a first-class patrolman per month:

(a) Until the child becomes 18 years of age;

(b) Until the child becomes 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

(c) During the entire period of the child’s physical or mental disability;

whichever period is longer. However, the total of benefits under this subsection added to the benefits under subsection (A)(2) of this section may not exceed the maximum benefits computed under IC 36-8-6-9 for pension payments to a member who retires from active service after 20 years or more of active service. This maximum benefit is equal to 50 percent of the salary of a first-class patrolman in the Police Department plus, for a member who retired before January 1, 1986, two percent of the first-class patrolman’s salary for each year of service of the retired member over 20 years or, for a member who retires after December 31, 1985, plus one percent of the first-class patrolman’s salary for each six months of service of the retired member over 20 years. However, the maximum benefit may not exceed in any year an amount greater than 74 percent of the salary of a first-class patrolman.

(4) Except as otherwise provided in this subsection, if a deceased member leaves no surviving spouse and no child who qualifies for benefits under subsection (A)(3) of this section but does leave a dependent parent or parents, an amount equal to 20 percent of the monthly pay of a first-class patrolman per month from the time of the member’s death shall be paid to the dependent parent or parents during their dependency. When both parents survive, the total amount is still 20 percent, to be paid to them jointly. In all cases of payment to a dependent relative of a deceased member, the board is the final judge of the question of necessity and dependency and of the amount to be paid. The board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the fund or other circumstances make this action necessary.

(5) If the salary of a first-class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(B) Members Dying in Line of Duty before September 1, 1982. This subsection (B) shall be interpreted consistent with and in compliance with the requirements of IC 36-8-6-9.7.

(1) This section applies to a member of the 1925 Police Pension Fund who died in the line of duty (as defined in subsection (C)(7) of this section) before September 1, 1982.

(2) A payment shall be made to the surviving spouse of a deceased member in an amount equal to 30 percent of the monthly pay of a first-class patrolman per month during the surviving spouse’s life if the spouse did not remarry before September 1, 1983. 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.

(3) Except as otherwise provided in this subsection, a payment shall also be made to each child of a deceased member less than 18 years of age, in an amount equal to 20 percent of the monthly pay of a first-class patrolman per month to each child:

(a) Until the child becomes 18 years of age;

(b) Until the child becomes 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

(c) During the entire period of the child’s physical or mental disability;

whichever period is longer. However, the total of benefits under this subsection added to the benefits under subsection (B)(2) of this section may not exceed the maximum benefits computed under IC 36-8-6-9 for pension payments to a member who retires from active service after 20 years or more of active service. This maximum benefit is equal to 50 percent of the salary of a first-class patrolman in the Police Department plus, for a member who retired before January 1, 1986, two percent of the first-class patrolman’s salary for each year of service of the retired member over 20 years or, for a member who retires after December 31, 1985, plus one percent of the first-class patrolman’s salary for each six months of service of the retired member over 20 years. However, the maximum benefit may not exceed in any year an amount greater than 74 percent of the salary of a first-class patrolman.

(4) If a deceased member leaves no surviving spouse and no child who qualifies for benefits under subsection (B)(3) of this section but does leave a dependent parent or parents, an amount equal to 20 percent of the monthly pay of a first-class patrolman per month from the time of the member’s death shall be paid to the dependent parent or parents during their dependency. When both parents survive, the total amount is still 20 percent, to be paid to them jointly. In all cases of payment to a dependent relative of a deceased member, the board is the final judge of the question of necessity and dependency and of the amount to be paid. The board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the fund or other circumstances make this action necessary.

(5) If the salary of a first-class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(C) Members Dying in Line of Duty after August 31, 1982. This subsection (C) shall be interpreted consistent with and in compliance with the requirements of IC 36-8-6-10.1.

(1) This section applies to a member of the 1925 Police Pension Fund who dies in the line of duty after August 31, 1982.

(2) The 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 no less than 50 percent of the monthly wage received by a first-class patrolman. If the surviving 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.

(3) A payment shall also be made to each child of a deceased member less than 18 years of age, in an amount fixed by ordinance, but at least an amount equal to 20 percent of the monthly pay of a first-class patrolman per month to each child:

(a) Until the child becomes 18 years of age;

(b) Until the child becomes 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

(c) During the entire period of the child’s physical or mental disability;

whichever period is longer.

(4) The surviving children of the deceased member who are eligible to receive a benefit under subsection (C)(3) of this section may receive an additional benefit in an amount fixed by ordinance, but the total additional benefit under this subsection to all the member’s children may not exceed a total of 30 percent of the monthly wage received by a first-class patrolman. However, this limitation does not apply to the children of a member who are physically or mentally disabled.

(5) If a deceased member leaves no surviving spouse and no child who qualifies for benefits under subsection (C)(3) of this section but does leave a dependent parent or parents, an amount equal to 20 percent of the monthly pay of a first-class patrolman per month from the time of the member’s death shall be paid to the dependent parent or parents during their dependency. When both parents survive, the total amount is still 20 percent, to be paid to them jointly. In all cases of payment to a dependent relative of a deceased member, the board is the final judge of the question of necessity and dependency and of the amount to be paid. The board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the fund or other circumstances make this action necessary.

(6) If the salary of a first-class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(7) For the 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 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.

The term includes a death presumed incurred in the line of duty under IC 5-10-13.

(D) Funeral Benefits. This subsection (D) shall be interpreted consistent with and in compliance with the requirements of IC 36-8-6-9.8. Benefits paid under this section are subject to IC 36-8-6-1.5. The 1925 fund shall be used to pay funeral benefits to the heirs or estate of an active or a retired member of the Police Department who has died from any cause, in an amount of $9,000 for a member who dies after December 31, 1998. [1983 Code § 3.30.276.]