Section 35IAC2-4-2. Survivor benefits; active duty

   (a) For purposes of IC 36-8-8-14.1, a member is on active duty if that member is in employment status with the employer and is not on leave of absence or has not been suspended from his or her duties. However, a member who is on a leave pursuant to the Family and Medical Leave Act of 1993 shall be considered to be on active duty. The 1977 Fund will require a certification from the member's employer with respect to the member's status at the time of death for purposes of determining active duty.

  (b) Active duty does not have the same meaning as line of duty, which is defined by IC 36-8-8-14.1(d). (Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-4-2; filed May 7, 1998, 4:15 p.m.: 21 IR 3328; readopted filed Oct 31, 2001, 2:21 p.m.: 25 IR 898; adopted Nov 9, 2007: 20071205-IR-035070818ONA)