Authority: IC 5-10.3-12-18; IC 5-10.5-4-2

Affected: IC 5-10.3-12-30

Sec. 4. (a) "In service", for purposes of availability of account distribution under the plan, means that the member was in an employer- employee relationship as determined by the employer within established rules of the employer. If the member is a volunteer firefighter, then "in service" for purposes of availability of account distribution under the plan means that the person was a current member of the volunteer firefighter plan as determined by the political subdivision within established rules of the political subdivision.

(b) To be eligible to receive disability benefits, the member must be receiving salary, worker's compensation benefits, employer-provided income protection benefits, in service as a volunteer firefighter as certified by the political subdivision, or on leave under the Family and Medical Leave Act on the date the Social Security Administration determines the member becomes disabled.

(c) For the purpose of IC 5-10.3-12-30 only, "while in a covered position" includes the last check date for a member, but does not include any checks received later than thirty (30) days from the last day the member was paid for physical work, for used sick time, for used compensatory time, or while on other leave or vacation.

(Board of Trustees of the Indiana Public Retirement System; 35 IAC 1.3-6-4; adopted Sep 16, 2011: 20110928-IR-035110564ONA; adopted Dec 14, 2012: 20121226-IR- 035120663ONA; adopted Sep 11, 2015: 20150923-IR-035150302ONA; adopted Jun 26, 2020: 20200708-IR- 035200360ONA)