Ind. Code ch. 36-8-4.5

Ind. Code § 36-8-4.5-1 Application

Sec. 1. This chapter applies to the following: (1) A member of a town police department under IC 36-5-7 or IC 36-8-9. (2) A member of a town fire department. As added by P.L.65-2008, SEC.2.

Ind. Code § 36-8-4.5-2 Chapter inapplicable to volunteer fire department

Sec. 2. This chapter does not apply to a volunteer fire department under IC 36-8-12. As added by P.L.65-2008, SEC.2.

Ind. Code § 36-8-4.5-3 "Member of a town fire department"

Sec. 3. As used in this chapter, "member of a town fire department" does not include a volunteer firefighter under IC 36-8-12-2. As added by P.L.65-2008, SEC.2.

Ind. Code § 36-8-4.5-4 Member residency

Sec. 4. A member of a town police or fire department is not subject to residency requirements but must: (1) have adequate means of transportation into the jurisdiction served by the member's department; and (2) maintain telephone service to communicate with the department. As added by P.L.65-2008, SEC.2. Amended by P.L.171-2019, SEC.13; P.L.122-2023, SEC.25.

Ind. Code § 36-8-4.5-5 Repealed

As added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.26.

Ind. Code § 36-8-4.5-6 Repealed

As added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.27.

Ind. Code § 36-8-4.5-7 Repealed

As added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.28.

Ind. Code § 36-8-4.5-8 Repealed

As added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.29.

Ind. Code § 36-8-4.5-9 Use of department vehicles

Sec. 9. Members of the police and fire departments may not use vehicles owned or maintained by their department outside the county in which the town is located except: (1) during the performance of official duties; or (2) as provided for by department regulation. As added by P.L.65-2008, SEC.2.

Ind. Code § 36-8-4.5-10 Care of a member of a town fire department injured or contracting illnesses as a result of performance of duties

Sec. 10. (a) A town shall pay for the care of a current or retired full-time paid member of a town fire department who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty, including an injury or illness that results in a disability or death presumed incurred in the line of duty under IC 5-10-13. This care includes: (1) medical and surgical care; (2) medicines and laboratory, curative, and palliative agents and means; (3) x-ray, diagnostic, and therapeutic service, including during the recovery period; and (4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery. (b) Expenditures required by subsection (a) shall be paid from the general fund of the town. (c) A town that has paid for the care of a member of a town fire department under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the member of the town fire department has a cause of action for an injury sustained because of or an illness caused by the third party. The town's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the member of the town fire department against the third party. (d) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A current or retired full-time paid member of a town fire department may recover benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If a current or retired full-time paid member of a town fire department pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the current or retired full-time paid member of the town fire department is not precluded from recovering medical benefits under this section. As added by P.L.118-2026, SEC.16.