(A) There is hereby created a Policemen’s Pension Fund and a Board of Trustees for the Policemen’s Pension Fund in the city, as provided by I.C. 36-8-6-1 et seq., and all acts supplemental thereto and amendatory thereof.
(B) The Common Council hereby fixes and determines the benefits and payments and hereby authorizes the Board of Trustees of the Police Pension Fund to pay the same in the following respective amounts:
(1) The Common Council authorizes the Board of Trustees of the Policemen’s Pension Fund to pay funeral benefits to the heirs or estates of any active or retired member of the police force who has suffered death from any cause, after June 30, 2008, in an amount equal to the difference between $12,000 and any lesser amount paid to such heirs or estates by the Public Employees’ Retirement Fund of the state.
(2) (a) In addition, a payment shall be made 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:
1. Forty percent of the monthly pay of a first class patrolman; or
2. 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.
(b) However, if the deceased member was not entitled to a benefit because the member had not completed 20 years of service, for the purposes of computing the amount under division (B), the member’s benefit shall be considered to be 50% of the monthly salary of a first class patrolman. The amount provided for in this division is subject to adjustment as provided in division (5) below.
(3) A payment shall also be made to each child of a deceased member under the age of 18 years, in an amount equal to 15% of the monthly pay of a first class patrolman per month to each child:
(a) Until the child reaches the age of 18; or
(b) During the entire period of the child’s physical or mental disability; whichever period is longer. However, the total of benefits under this division added to the benefits under division (B)(2) may not exceed the maximum benefits computed under I.C. 36-8-6-9 for pension payments to a member who retires from active service after 20 years or more of active service.
(4) If a deceased member leaves no surviving spouse and no child under the age of 18 years but does leave a dependent parent or parents, an amount equal to 20% of the monthly pay of a first class patrolman per month from the time of his death shall be paid to the dependent parent or parents during their dependency. When both parents survive, the total amount is still 20%, 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 makes 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.
(C) (1) If a member died in the line of duty, the surviving spouse is entitled to an additional monthly benefit, during the spouse’s lifetime, if the surviving spouse did not remarry before September 1, 1983, equal to the difference between:
(a) The benefit to which the member would have been entitled on the date of his death, but no less than 50% of the monthly wage received by a first class patrolman; and
(b) The amount received by the spouse under I.C. 36-8-6-9.8(b). If the surviving spouse remarried before September 1, 1983, benefits ceased on the date of remarriage.
(2) The children of a spouse receiving benefits under this section may not receive more than a total of 30% of the monthly wage received by a first class patrolman. However, this limitation does not apply to the children of a spouse receiving benefits under this section who are physically or mentally disabled.
(3) For purposes of this section, “dies in the line of duty” means death that occurs as a direct result of personal injury or illness resulting from the member’s action in his capacity as a police officer in responding to an offense or a reported offense.
(D) All benefits paid hereunder shall be subject to § 401 of the Internal Revenue Code.
(‘67 Code, § 33.01) (Ord. 36-1989, passed 8-15-39; Am. Ord. 25-1977, passed 12-13-77; Am. Ord. 5-1979, passed 2-13-79; Am. Ord. 32-1985, passed 11-12-85; Am. Ord. 8-1986, passed 3-11-86; Am. Ord. 9-1989, passed 2-14-89; Am. Ord. 7-1990, passed 2-13-90; Am. Ord. 14-1992, passed 5-12-92; Am. Ord. 16-1992, passed 5-12-92; Am. Ord. 22-2001, passed 7-24-01; Am. Ord. 19-2008, passed 8-12-08)