Thatcher v. City of Kokomo, et al.

Summary

The Supreme Court of Indiana accepted certified questions from the United States District Court for the Southern District of Indiana concerning the application of Indiana statutes governing disability benefits and years of service under the 1977 Fund for police officers and firefighters. The order established briefing, appendix, filing, service, appearance, and related procedural requirements for the certified-question proceeding.

Holdings

1. The Supreme Court of Indiana accepted the two certified questions for consideration under Indiana Appellate Rule 64.

Questions Presented

1. Whether to accept, under Indiana Appellate Rule 64, the federal district court's certified question concerning the applicability of Indiana Code section 36-8-4-7(a) to a 1977 Fund member receiving disability benefits who was determined to have recovered under 35 Indiana Administrative Code 2-6-5(c).
2. Whether, if Indiana Code section 36-8-4-7(a) applies, Indiana Code section 36-8-8-12(e) makes time spent receiving disability benefits count toward years of service.

Disposition

cert_granted