Ind. Code ch. 36-8-8.3

in effect

Ind. Code § 36-8-8.3-1 Application of chapter

Sec. 1. This chapter applies to a 1977 fund member who receives a final determination of an impairment for a mental health illness under IC 36-8-8-13.1 after December 31, 2012. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-2 "Review panel"

Sec. 2. As used in this chapter, "review panel" refers to a mental health disability review panel established under section 4 of this chapter. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-3 "System board"

Sec. 3. As used in this chapter, "system board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-4 Review panels established; selection; compensation

Sec. 4. (a) This chapter provides for the establishment of mental health disability review panels to review impairment determinations in the case of a mental health disability. (b) A mental health disability review panel consists of: (1) one (1) psychologist licensed under IC 25-33-1-5.1; (2) one (1) psychiatrist licensed as a physician under IC 25-22.5; and (3) one (1) active or retired police officer or firefighter who is a member of the 1977 fund, depending on the profession of the fund member being evaluated. (c) A mental health disability review panel shall be selected by the system board. (d) Compensation shall be determined by the system board. (e) A mental health disability review panel established under this chapter is not a governing body under IC 5-14-1.5-2(b). As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-5 Initial determination of impairment for mental illness; two year provisional period

Sec. 5. (a) The final determination of an impairment for a mental illness is provisional for two (2) years: (1) for a final determination made after June 30, 2020, from the date of the final determination by the system board under IC 36-8-8-13.1; or (2) for a final determination made after December 31, 2012, and before July 1, 2020, beginning July 1, 2020. (b) During the initial two (2) year provisional period, the fund member shall be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician. (c) The employer shall pay for the fund member's mental health care and treatment relating to the disability during the initial two (2) year provisional period. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-6 Confidential evaluation by review panel

Sec. 6. (a) At the conclusion of the initial two (2) year provisional period described in section 5 of this chapter, a mental health disability review panel, as described in section 4 of this chapter, shall conduct a confidential evaluation of the fund member. (b) The review panel: (1) shall examine reports and records submitted by the fund member's treating physician, and any other mental health care provider seen by the fund member; and (2) may consult with other medical authorities; in conducting its confidential evaluation. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-7 Determination by review panel

Sec. 7. (a) If the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty. (b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall begin an additional two (2) year provisional period from the date of the review panel's determination. The fund member shall continue to be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician. (c) The employer shall continue to pay for the fund member's mental health care and treatment relating to the disability during the second two (2) year provisional period. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-8 Reevaluation by review panel

Sec. 8. At the conclusion of the fund member's second two (2) year provisional period, the review panel shall reevaluate the fund member. The review panel shall conduct its confidential reevaluation in the manner described in section 6(b) of this chapter. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-9 Determination by review panel after second evaluation

Sec. 9. (a) If, after the second evaluation, the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty. (b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall be determined to have a permanent impairment. As added by P.L.54-2020, SEC.3.

Ind. Code § 36-8-8.3-10 Suspension of disability benefits for failure to comply with review panel

Sec. 10. The system board may, during the provisional periods described in sections 5 and 7 of this chapter, suspend a member's disability benefit if the member fails to comply with reasonable requests by the review panel for information pursuant to its authority under this chapter. As added by P.L.54-2020, SEC.3.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026