Section 35IAC2-5-3. Recurring disability benefits

   A member who:

(1) has a covered impairment as defined in IC 36-8-8-12.3;

(2) recovers and returns to active service with the department; and

(3) within two (2) years after returning to active service has an impairment that, except for IC 36-8-8-12.3, would be a covered impairment;

is entitled to the benefit described under this section if the impairment described in subdivision (3) results from the same condition or conditions (without an intervening circumstance) that caused the covered impairment described in subdivision (1). The member is entitled to receive the monthly disability benefit amount paid to the member at the time of the member's return to active service plus any adjustments under IC 36-8-8-15 that would have been applicable during the member's period of reemployment. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-5-3; filed May 7, 1998, 4:15 p.m.: 21 IR 3329; readopted filed Oct 31, 2001, 2:21 p.m.: 25 IR 898; adopted Nov 9, 2007: 20071205-IR-035070818ONA)