Indiana § 36-8-6-13 - Disability retirees; orders, discipline, and duties; examination by police surgeon; transcripts, reports, records, and other material

§ 36-8-6-13. Disability retirees; orders, discipline, and duties; examination by police surgeon; transcripts, reports, records, and other material

Sec. 13. (a) A member of the police department placed on the retired list, except those that have served on the department for twenty (20) years or more and have been retired for that reason, shall report for duty to the chief of police as is provided in the bylaws of the local board. A member is then subject to the orders and discipline of the chief and shall perform the duties that are required of the member and for which, in the opinion of the police surgeon, the member is fit, considering reasonable accommodation to the extent required by the Americans with Disabilities Act. The member shall be paid full salary for these duties.

(b) If a retired member refuses to obey orders or breaches discipline, the chief shall report the member at once to the safety board for action that is considered proper for the good of the service. A member is subject to punishment and dismissal in the same manner as officers in active service. The pension to which the retired member is entitled ceases upon the member's expulsion, and the pension is subject to the action considered proper by the safety board.

(c) The police surgeon of the municipality shall examine members of the police department when:

(1) the local board requests it;

(2) a member requests it for the purpose of certifying the member's physical or mental condition to the local board; or

(3) the police surgeon considers it proper.

The police surgeon shall then certify to the local board the true physical or mental condition of the person.

(d) To the extent required by the 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.

[Pre-Local Government Recodification Citation: 19-1-24-4 part.]

As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.4-1992, SEC.35; P.L.127-2017, SEC.244.