Indiana § 33-39-7-17 - Eligibility for disability benefits; certification by physician; segregation of records

Full text of Indiana Indiana Code § 33-39-7-17 — Eligibility for disability benefits; certification by physician; segregation of records, with citation guidance and answers to common questions.

§ 33-39-7-17. Eligibility for disability benefits; certification by physician; segregation of records

Sec. 17. (a) A participant is considered to have a permanent disability if the board has received written certifications by at least two (2) licensed and practicing physicians, appointed by the board, that:

(1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and

(2) the condition is likely to be permanent.

(b) A participant found to have a permanent disability under subsection (a) must be reexamined by at least two (2) physicians appointed by the board, at the times the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant's disability, benefits cease to be payable as of the date of the examination, unless on that date the participant is:

(1) at least sixty-five (65) years of age; or

(2) at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85).

(c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated to prove that an individual is qualified for disability benefits under this section must be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

[Pre-2004 Recodification Citation: 33-14-9-15.]

As added by P.L.98-2004, SEC.18. Amended by P.L.160-2013, SEC.6.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 33-39-7-17

What does Indiana Code § 33-39-7-17 cover?

Section 33-39-7-17 ("Eligibility for disability benefits; certification by physician; segregation of records") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 33-39-7-17?

A common citation format is "Indiana Code § 33-39-7-17" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 33-39-7-17 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.