Section 36-8-8-12.3 - Covered impairments; hearings; inclusions; Class 3 excludable condition; determination(a) Upon a request from a fund member or from the safety board of the appropriate police or fire department, the local board shall conduct a hearing under section 12.7 of this chapter to determine whether the fund member has a covered impairment.(b) A covered impairment is an impairment that permanently or temporarily makes a fund member unable to perform the essential function of the member's duties, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, with the police or fire department. However, a covered impairment does not include an impairment:(1) resulting from an intentionally self-inflicted injury or attempted suicide while sane or insane;(2) resulting from the fund member's commission or attempted commission of a felony;(3) that begins within two (2) years after a fund member's entry or reentry into active service with the department and that was caused or contributed to by a mental or physical condition that manifested itself before the fund member entered or reentered active service. Notwithstanding this subdivision, a fund member may not be required to satisfy more than one (1) such two (2) year period for the same mental or physical condition; or(4) that is occasioned, in whole or in part, by the fund member currently engaging (as defined in 29 CFR 1630.3, Appendix) in any of the following: (A) Use of a controlled substance (as defined in the Controlled Substances Act (21 U.S.C. 812)).(B) Unlawful use of a prescription drug.(c) Notwithstanding subsection (b), this subsection applies to the following: (1) A fund member who is hired after March 1, 1992.(2) A fund member who was admitted to the 1977 fund after having been covered by another public pension plan as a police officer or firefighter. For a fund member who is determined by the system board to have a Class 3 excludable condition under IC 36-8-8-13.6, a covered impairment does not include an impairment that would be classified as a Class 3 impairment that begins at any time after the fund member's entry or reentry into active service with the department and is related in any manner to the Class 3 excludable condition.
(d) If the local board determines that a covered impairment exists, the chief of the police or fire department shall submit to the local board written determinations of the following: (1) Whether there is suitable and available work on the appropriate department for which the fund member is or may be capable of becoming qualified, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.(2) For a fund member covered by sections 12.5 and 13.5 of this chapter, the fund member's years of service with the department.Amended by P.L. 35-2012, SEC. 127, eff. 7/1/2012.As added by P.L. 311-1989, SEC.7. Amended by P.L. 4-1992, SEC.46; P.L. 213-1995, SEC.9; P.L. 231-1997, SEC.5.