Section 36-8-8.5-16.5 - Disability benefit(a) This section applies to a member of the 1977 fund who becomes disabled after June 1, 2005, while the member is in the DROP, because of a disability that arose either in the line of duty or other than in the line of duty.(b) The retirement benefit for a member who retires because of a disability while in the DROP is determined under this chapter rather than under the provisions of the applicable fund. Determinations as to whether:(1) the member is disabled; and(2) a disability is in the line of duty; under this chapter are made under the provisions of the applicable fund.
(c) If the member retires because of a disability less than twelve (12) months after the date the member enters the DROP, the benefits for the member are calculated under the provisions of the applicable fund as if the member had never entered the DROP.(d) If the member retires before July 1, 2017, because of a disability at least twelve (12) months after the date the member enters the DROP, the benefits for the member are calculated under section 12 of this chapter, and the member's retirement date is the date the member retires because of a disability rather than the member's DROP retirement date.(e) If a member retires after June 30, 2017, because of a disability at least twelve (12) months after the date the member enters the DROP, the benefits for the member are as follows: (1) A retirement benefit paid by and calculated under the provisions of the applicable fund as if the member had never entered the DROP.(2) An additional, separate amount that is not calculated as a part of a disability benefit from the applicable fund and that is: (A) calculated under section 12(b)(2)(B) of this chapter; and(B) paid to the member in accordance with the member's election under section 12(c) of this chapter. For purposes of paying the additional amount calculated under this subsection, the member's retirement date is the date the member retires because of a disability as determined under the provisions of the applicable fund rather than the member's DROP retirement date.
(f) A member who retired after January 1, 2015, and before July 1, 2017, because of a disability at least twelve (12) months after the date the member entered the DROP may elect to have the member's benefit actuarially adjusted, reconciled, and recalculated under subsection (e). An election under this subsection: (1) must be made in writing on a form prescribed by the board; andAmended by P.L. 47-2017,SEC. 1, eff. 7/1/2017.As added by P.L. 148-2007, SEC.6.