Sec. 1. (a) A member who becomes disabled after June 30, 1984, may receive a benefit under this section and sections 2 through 4 of this chapter. If the member qualifies for disability retirement under IC 5-10.2-4-6, the member may choose to receive a benefit under IC 5-10.2-4-6 instead of under this section and sections 2 through 4 of this chapter. (b) A member who: (1) is an active teacher; (2) has earned at least five (5) service credits; and (3) suffers a temporary or permanent disability that continues for at least six (6) months; may receive a classroom disability benefit for as long as the disability exists. (c) Except as provided in subsection (d), a teacher must apply not later than one (1) year after the date of the disability to receive a classroom disability benefit under this chapter. (d) The board may waive the requirement described in subsection (c) if the board finds extenuating circumstances that justifiably prevented the person from applying within the time required. The board shall adopt rules specifying the extenuating circumstances that must be shown before a waiver may be granted under this subsection. [Pre-2006 Education Finance Recodification Citation: 21-6.1-5-1.] As added by P.L.2-2006, SEC.28.
IC 5-10.4-5-2 Calculation of disability benefit Sec. 2. (a) The monthly classroom disability benefit paid under section 1 of this chapter is determined in STEP THREE of the following formula: STEP ONE: Subtract five (5) from the total years of service credit earned by the member before the date of the member's disability. STEP TWO: Multiply the remainder determined under STEP ONE by five dollars ($5). STEP THREE: Add the STEP TWO result and one hundred twenty-five dollars ($125). (b) A classroom disability benefit payment is charged against the retirement allowance account. (c) Classroom disability benefits may not begin until ordered by the board after the member undergoes a medical examination by a physician selected by the board. If the medical examination conducted by a physician selected and paid by the board establishes to the board's satisfaction that the disability no longer exists, the member may not receive a classroom disability benefit. (d) If a member on a classroom disability benefit refuses to submit at least annually to a medical examination by a physician selected by the board, the board shall discontinue the member's benefits until the member withdraws the refusal. If the refusal continues for at least one (1) year, the member may forfeit the right to receive classroom disability benefits. (e) To the extent required by the federal Americans with Disabilities Act, the transcripts, reports, records, and other material compiled to determine the existence of a disability shall be: (1) kept in separate medical files for each member; and (2) treated as confidential medical records. (f) This section shall be administered in a manner that is consistent with the federal Americans with Disabilities Act, to the extent required by the Act. [Pre-2006 Education Finance Recodification Citation: 21-6.1-5-2.] As added by P.L.2-2006, SEC.28.