Section 35IAC2-5-7. Line-of-duty review

   After a hearing is conducted by the local board concerning determinations of impairment for fund members who:

(1) are hired for the first time before January 1, 1990; and

(2) do not choose coverage by sections IC 36-8-8-12.5 and IC 36-8-8-13.5 under section IC 36-8-8-12.4, pursuant to IC 36-8-8-12.7(r);

the INPRS board shall review the local board's recommendation not later than forty-five (45) days after receiving the recommendation and shall issue an initial determination regarding whether the covered impairment was incurred in the line of duty or not in the line of duty. If the INPRS board fails to issue an initial determination within forty-five (45) days after receiving the recommendation from the local board, the default award on whether the covered impairment was incurred in the line of duty will be the determination made by INPRS' medical authority. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-5-7; adopted Nov 21, 2008: 20090107-IR-035080955ONA; adopted Dec 14, 2012: 20121226-IR-035120663ONA)