Chapter 2.185 SURVIVORS’ BENEFITS OF MEMBERS OF THE 1937 FIREFIGHTER’S PENSION FUND

Chapter 2.185
SURVIVORS’ BENEFITS OF MEMBERS OF THE 1937 FIREFIGHTER’S PENSION FUND

Sections:

2.185.010 Survivors’ benefits of members of the 1937 Firefighter’s 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 36-8-7-12.2.

(1) This subsection (A) applies to an active or retired member of the 1937 Firefighter’s Pension Fund who dies other than in the line of duty (as defined in IC 36-8-7-12.4).

(2) If a member of the Fire Department or a retired member of the 1937 fund dies and leaves:

(a) A surviving spouse;

(b) A child or children less than 18 years of age;

(d) A child or children less than 23 years of age who are:

(i) Enrolled in and regularly attending a secondary school; or

(ii) Full-time students at an accredited college or university;

the local board shall authorize the payment to the surviving spouse and to the child or children the amount from the fund as prescribed by this section. If the surviving spouse of a deceased member remarried before September 1, 1983, and pension 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. If the pension of the surviving spouse of a deceased member has ceased by virtue of the spouse’s remarriage, and if the person to whom the spouse has remarried was a retired member of the Fire Department who was also entitled to a pension, then upon the death of the member to whom the spouse had remarried, the spouse is entitled to receive a pension as the surviving spouse of a deceased member as though the spouse had not been remarried.

(3) If a deceased member of the Fire Department leaves no surviving spouse or children but leaves a dependent parent, and upon satisfactory proof that the parent was wholly dependent upon the deceased member, the local board shall authorize the monthly payment to the parent from the 1937 fund that is prescribed by this section.

(4) If a member dies while in active service or after retirement:

(a) The surviving spouse is entitled to receive an amount:

(i) For the surviving spouse of a member who dies before January 1, 1989, 30 percent of the salary of a fully paid first-class firefighter in the City at the time of the payment of the pension; and

(ii) For the surviving spouse of a member who dies after December 31, 1988, except as otherwise provided in this clause, an amount per month, during the spouse’s life, equal to the greater of 30 percent of the monthly pay of a first-class firefighter or 55 percent of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member’s death (these amounts shall be proportionately increased or decreased if the salary of a first-class firefighter is increased or decreased); 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 second amount under this subsection, the member’s benefit is considered to be 50 percent of the monthly salary of a first-class firefighter in the City at the time of payment of the pension;

(b) The member’s children who are:

(i) Less than 18 years of age; or

(ii) Less than 23 years of age if the children are enrolled in and regularly attending a secondary school or are full-time students at an accredited college or university;

are each entitled to receive 20 percent of the salary of a fully paid first-class firefighter in the City at the time of the payment of the pension; and

(c) Each parent of a deceased member who was eligible for a pension is entitled to receive jointly an amount equal to 30 percent of the salary of a fully paid first-class firefighter in the City at the time of the payment of the pension. When both parents survive, the total amount is still 30 percent to be paid to them jointly.

If the local board finds upon the submission of satisfactory proof that a child 18 years of age or older is mentally or physically incapacitated, is not a ward of the State, and is not receiving a benefit under subsection (A)(4)(b)(ii) of this section, the child is entitled to receive the same amount as is paid to the surviving spouse of a deceased firefighter, as long as the mental or physical incapacity continues. A sum paid for the benefit of a child or children shall be paid to the remaining parent, if alive, as long as the child or children reside with and are supported by the parent. If the parent dies, the sum shall be paid to the lawful guardian of the child or children.

(5) The monthly pension payable to a survivor may not be reduced below the amount of the first full monthly pension received by that person.

(6) A benefit payable under this section shall be paid in not less than 12 monthly installments.

(B) Members Dying in the Line of Duty before September 1, 1982. This subsection (B) shall be interpreted consistent with and in compliance with the requirements of IC 36-8-7-12.3.

(1) This subsection (B) applies to a member of the 1937 Firefighter’s Pension Fund who died in the line of duty (as defined in IC 36-8-7-12.4) before September 1, 1982.

(2) If a member of the Fire Department or a retired member of the 1937 fund dies and leaves:

(a) A surviving spouse;

(b) A child or children less than 18 years of age;

(d) A child or children less than 23 years of age who are:

(i) Enrolled in and regularly attending a secondary school; or

(ii) Full-time students at an accredited college or university;

the local board shall authorize the payment to the surviving spouse and to the child or children of the amount from the fund as prescribed by this subsection. If the surviving spouse of a deceased member remarried before September 1, 1983, and pension 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. If the pension of the surviving spouse of a deceased member has ceased by virtue of the spouse’s remarriage, and if the person to whom the spouse has remarried was a retired member of the Fire Department who was also entitled to a pension, then upon the death of the member to whom the spouse had remarried, the spouse is entitled to receive a pension as the surviving spouse of a deceased member as though the spouse had not been remarried.

(4) If a member dies while in active service:

(a) The surviving spouse is entitled to receive an amount fixed by ordinance but not less than 30 percent of the salary of a fully paid first-class firefighter in the unit at the time of the payment of the pension;

(b) The member’s children who are:

(i) Less than 18 years of age; or

(ii) Less than 23 years of age if the children are enrolled in and regularly attending a secondary school or are full-time students at an accredited college or university;

are each entitled to receive an amount fixed by ordinance but not less than 20 percent of the salary of a fully paid first-class firefighter in the unit at the time of the payment of the pension; and

If the local board finds upon the submission of satisfactory proof that a child 18 years of age or older is mentally or physically incapacitated, is not a ward of the State, and is not receiving a benefit under subsection (B)(4)(b)(ii) of this section, the child is entitled to receive the same amount as is paid to the surviving spouse of a deceased firefighter as long as the mental or physical incapacity continues. A sum paid for the benefit of a child or children shall be paid to the remaining parent, if alive, as long as the child or children reside with and are supported by the parent. If the parent dies, the sum shall be paid to the lawful guardian of the child or children.

(5) The monthly pension payable to a survivor may not be reduced below the amount of the first full monthly pension received by that person.

(6) A benefit payable under this section shall be paid in not less than 12 monthly installments.

(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 36-8-7-12.4.

(1) This subsection applies to an active member who dies in the line of duty after August 31, 1982.

(2) If a member dies in the line of duty after August 31, 1982, 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 not less than 50 percent of the monthly wage received by a fully paid first-class firefighter. 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. If the pension of the surviving spouse of a deceased member has ceased by virtue of the spouse’s remarriage, and if the person to whom the spouse has remarried was a retired member of the Fire Department who was also entitled to a pension, then upon the death of the member to whom the spouse had remarried, the spouse is entitled to receive a pension as the surviving spouse of a deceased member as though the spouse had not been remarried.

(3) If a member dies while in active service, the member’s children who are:

(a) Less than 18 years of age; or

(b) Less than 23 years of age if the children are enrolled in and regularly attending a secondary school or are full-time students at an accredited college or university;

are each entitled to receive an amount fixed by ordinance but not less than 20 percent of the salary of a fully paid first-class firefighter in the unit at the time of the payment of the pension.

(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 firefighter. However, this limitation does not apply to the children of a member who are physically or mentally disabled.

(5) If a deceased member of the Fire Department leaves no surviving spouse or children but leaves a dependent parent, and upon satisfactory proof that the parent was wholly dependent upon the deceased member, the local board shall authorize the monthly payment to the parent from the 1937 fund. Each parent of a deceased member who was eligible for a pension under this subsection is entitled to receive jointly an amount equal to 30 percent of the salary of a fully paid first-class firefighter in the unit at the time of the payment of the pension. When both parents survive, the total amount is still 30 percent to be paid to them jointly.

(6) 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 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.

(7) If the local board finds upon the submission of satisfactory proof that a child 18 years of age or older is mentally or physically incapacitated, is not a ward of the State, and is not receiving a benefit under subsection (C)(3)(b) of this section, the child is entitled to receive the same amount as is paid to the surviving spouse of a deceased firefighter, as long as the mental or physical incapacity continues. A sum paid for the benefit of a child or children shall be paid to the remaining parent, if alive, as long as the child or children reside with and are supported by the parent. If the parent dies, the sum shall be paid to the lawful guardian of the child or children.

(8) The monthly pension payable to a survivor may not be reduced below the amount of the first full monthly pension received by that person.

(9) A benefit payable under this section shall be paid in not less than 12 monthly installments. [1983 Code § 3.30.277.]

Chapter 2.185SURVIVORS’ BENEFITS OF MEMBERS OF THE 1937 FIREFIGHTER’S PENSION FUND

2.185.010 Survivors’ benefits of members of the 1937 Firefighter’s Pension Fund.

Chapter 2.185
SURVIVORS’ BENEFITS OF MEMBERS OF THE 1937 FIREFIGHTER’S PENSION FUND