Ind. Code » Title 36
Indiana Code

Ind. Code § 36-8-8-12 (2026)

Benefits for members with covered impairments; retirement benefits for members who have a disability and are less than 52 years old

✓ current as of May 2026
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     Sec. 12. (a) Benefits paid under this section are subject to sections 2.5 and 2.6 of this chapter.

     (b) If an active fund member has a covered impairment, as determined under sections 12.3 through 13.1 of this chapter, the member is entitled to receive the benefit prescribed by section 13.3 or 13.5 of this chapter. A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.

     (c) If a retired fund member who has not yet reached the member's fifty-second birthday is found by the system board to be permanently or temporarily unable to perform all suitable work for which the member is or may be capable of becoming qualified, the member is entitled to receive during the disability the retirement benefit payments payable at fifty-two (52) years of age. During a reasonable period in which a fund member with a disability is becoming qualified for suitable work, the member may continue to receive disability benefit payments. However, benefits payable for disability under this subsection are reduced by amounts for which the fund member is eligible from:

(1) a plan or policy of insurance providing benefits for loss of time because of disability;

(2) a plan, fund, or other arrangement to which the fund member's employer has contributed or for which the fund member's employer has made payroll deductions, including a group life policy providing installment payments for disability, a group annuity contract, or a pension or retirement annuity plan other than the fund established by this chapter;

(3) the federal Social Security Act (42 U.S.C. 401 et seq.), the Railroad Retirement Act (45 U.S.C. 231 et seq.), the United States Department of Veterans Affairs, or another federal, state, local, or other governmental agency;

(4) worker's compensation payable under IC 22-3; and

(5) a salary or wage, including overtime and bonus pay and extra or additional remuneration of any kind, the fund member receives or is entitled to receive from the member's employer.

For the purposes of this subsection, a retired fund member is considered eligible for benefits from subdivisions (1) through (5) whether or not the member has made application for the benefits.

     (d) Notwithstanding any other law, a plan, policy of insurance, fund, or other arrangement:

(1) delivered, issued for delivery, amended, or renewed after April 9, 1979; and

(2) described in subsection (c)(1) or (c)(2);

may not provide for a reduction or alteration of benefits as a result of benefits for which a fund member may be eligible from the 1977 fund under subsection (c).

     (e) Time spent receiving disability benefits, not to exceed twenty (20) years, is considered active service for the purpose of determining retirement benefits. A fund member's retirement benefit shall be based on:

(1) the member's years of active service; plus

(2) if applicable, the period, not to exceed twenty (20) years, during which the member received disability benefits.

     (f) A fund member who is receiving disability benefits:

(1) under section 13.3(d) of this chapter; or

(2) based on a determination under this chapter that the fund member has a Class 3 impairment;

shall be transferred from disability to regular retirement status when the member becomes fifty-two (52) years of age.

     (g) A fund member who is receiving disability benefits:

(1) under section 13.3(c) of this chapter; or

(2) based on a determination under this chapter that the fund member has a Class 1 or Class 2 impairment;

is entitled to receive a disability benefit for the remainder of the fund member's life in the amount determined under the applicable sections of this chapter.

[Pre-Local Government Recodification Citations: 19-1-17.8-10; 19-1-36.5-10.]

As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.11; P.L.28-1988, SEC.116; P.L.1-1989, SEC.73; P.L.55-1989, SEC.63; P.L.311-1989, SEC.6; P.L.1-1991, SEC.211; P.L.4-1992, SEC.45; P.L.213-1995, SEC.8; P.L.22-1998, SEC.21; P.L.118-2000, SEC.23; P.L.62-2006, SEC.6; P.L.99-2007, SEC.219; P.L.32-2009, SEC.1; P.L.34-2009, SEC.1; P.L.13-2011, SEC.18; P.L.35-2012, SEC.126.

 

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1985–2024 · leading case: Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012).
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Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012). · cites it 12× “See I.C. § 36-8-8-12(b) (“A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.”
Jason A. Fishburn v. Indiana Pub. Retirment Sys., 2 N.E.3d 814 (Ind. Ct. App. 2014). · cites it 6× “2 The IMPD Pension Board issued an initial determination that Fishburn’s impairment was a Class 1 impairment under Ind. Code § 36-8-8-12 .5. Dr. Omkar Markland, the medical authority for the 1977 Fund, agreed that his impairment was a Class 1 impairment and also determined that…”
Kimberly L. Eads v. Robert J. Eads, Jr., 114 N.E.3d 868 (Ind. Ct. App. 2018). · cites it 2× “1 & 2C; see also Ind. Code § 36-8-8-12 (e) ("Time spent receiving disability benefits, not to exceed twenty (20) years, is considered active service for the purpose of determining retirement benefits.”
Indiana Pub. Emp. Ret. Fund v. Paul Bryson, 977 N.E.2d 374 (Ind. Ct. App. 2012). · cites it 4× “” Ind. Code § 36-8-8-12 .3(b). Another section of that chapter provides: (b) At the same hearing where the determination of whether the fund member has a covered impairment is made, the local board shall determine the following: (1) Whether the fund member has a Class 1…”
Bd. of Trs. of Pub. Employees Ret. Fund v. City of Plymouth, 698 N.E.2d 335 (Ind. Ct. App. 1998). “§ 36-8-8-12(b). An impairment is “covered” when it permanently or temporarily renders the Fund member unable to carry out the “essential function” of his duties.”
Branson v. Pub. Employees' Ret. Fund, 538 N.E.2d 11 (Ind. Ct. App. 1989). “Indiana Code 36-8-8-12(a) (Burns Code Ed.”
Richard Dolsen, Jr. v. Veoride Inc (Ind. 2024). · cites it 2× “Ind. Code §§ 36-8-8-12 .3(b), 36-8-8- 12.”
Thatcher v. City of Kokomo, 954 N.E.2d 457 (Ind. 2011). · cites it 2× “If yes, does Indiana Code section 36-8-8-12(e) apply to determinations of eligibility under Indiana Code section 36-8^4-7(a), such that time spent receiving disability benefits counts toward “years of service” as that term is used in Indiana Code section 36-8-4-7(a)? The…”
City of Mitchell v. Randy Phelix, 17 N.E.3d 971 (Ind. Ct. App. 2014). · cites it 2× “In March 2008, Phelix advised the City that he was unable to perform his duties as a result of his health conditions, and he requested disability benefits from the Public Employees’ Retirement Fund (“PERF”) 1 pursuant to Indiana Code Section 36-8-8-12. The City’s pension board…”
Schloer v. Moran, 475 N.E.2d 1193 (Ind. Ct. App. 1985). “CODE § 36-8-8-12 permits a city police officer to run for and to serve as a city councilman.”
— Ind. Code § 36-8-8-12(a) — 1 case
Branson v. Pub. Employees' Ret. Fund, 538 N.E.2d 11 (Ind. Ct. App. 1989). “Indiana Code 36-8-8-12(a) (Burns Code Ed.”
— Ind. Code § 36-8-8-12(b) — 2 cases
Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012). “See I.C. § 36-8-8-12(b) (“A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.”
Bd. of Trs. of Pub. Employees Ret. Fund v. City of Plymouth, 698 N.E.2d 335 (Ind. Ct. App. 1998). “§ 36-8-8-12(b). An impairment is “covered” when it permanently or temporarily renders the Fund member unable to carry out the “essential function” of his duties.”
— Ind. Code § 36-8-8-12(e) — 2 cases
Thatcher v. City of Kokomo, 962 N.E.2d 1224 (Ind. 2012). “See I.C. § 36-8-8-12(b) (“A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.”
Thatcher v. City of Kokomo, 954 N.E.2d 457 (Ind. 2011). “If yes, does Indiana Code section 36-8-8-12(e) apply to determinations of eligibility under Indiana Code section 36-8^4-7(a), such that time spent receiving disability benefits counts toward “years of service” as that term is used in Indiana Code section 36-8-4-7(a)? The…”
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