Sec. 7. (a) Benefits provided under this section are subject to IC 10-12-2-3 . (b) Except as provided in subsection (c), the basic monthly pension amount of an employee beneficiary may not exceed one-half (1/2) of the employee beneficiary's average monthly wage (excluding payments for overtime and determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code) received during the highest paid consecutive thirty-six (36) months before retirement. (c) For an employee beneficiary who retires after June 30, 1987, and before July 1, 1988, the basic monthly pension may not exceed the lesser of: (1) the pension under subsection (b); or (2) one-half (1/2) the maximum salary of a first sergeant. (d) For an employee beneficiary who retires after June 30, 1988, and before July 1, 1989, the basic monthly pension may not exceed the lesser of: (1) the pension under subsection (b); or (2) one-half (1/2) the maximum salary of a captain. (e) An employee beneficiary in the active service of the department who has completed twenty-five (25) years of service after July 1, 1937, and who continues after July 1, 1937, in the service of the department is entitled to add to the basic monthly pension amount, at retirement, the following: (1) Five percent (5%) of the basic amount for each of the next three (3) full years over twenty-five (25) years. (2) Six percent (6%) of the basic amount for each of the next two (2) full years over twenty-eight (28) years. (3) Seven percent (7%) of the basic amount for each of the next two (2) full years over thirty (30) years. (4) Eight percent (8%) of the basic amount for each of the next two (2) full years over thirty-two (32) years. However, the total of these additional amounts may not exceed seventy percent (70%) of the basic pension amount. These additional benefits are subject to any compulsory retirement age provided by the pension trust. [Pre-2003 Recodification Citation: 10-1-2.3-7.]
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