If the member qualifies for disability retirement under IC 5-10.2-4-6, the member may choose to receive a benefit under IC 5-10.2-4-6 instead of under this section and sections 2 through 4 of this chapter.(b) A member who:(1) is an active teacher;(2) has earned at least five (5) service credits; and(3) suffers a temporary or permanent disability that continues for at least six (6) months;may receive a classroom disability benefit for as long as the disability exists.(c) Except as provided in subsection (d), a teacher must apply not later than one (1) year after the date of the disability to receive a classroom disability benefit under this chapter.(d) The board may waive the requirement described in subsection (c) if the board finds extenuating circumstances that justifiably prevented the person from applying within the time required. The board shall adopt rules specifying the extenuating circumstances that must be shown before a waiver may be granted under this subsection.[Pre-2006 Education Finance Recodification Citation: ired. The board shall adopt rules specifying the extenuating circumstances that must be shown before a waiver may be granted under this subsection.[Pre-2006 Education Finance Recodification Citation: 21-6.1-5-1.]As added by P.L.2-2006, SEC.28.
Indiana Legal Code