Survivor benefits; death while not in service

Sec. 8. (a) If a member dies: (1) after March 31, 1990, and before July 1, 2018; (2) while not in service in a position covered by the retirement fund; and (3) while eligible to receive retirement or disability benefits under IC 5-10.2-4-6, but before applying for those benefits; the member's surviving spouse or surviving dependent is entitled to survivor benefits in the same amount and under the same conditions as provided in section 7.5 of this chapter. (b) If a member dies: (1) after June 30, 2018; and (2) while eligible to receive retirement or disability benefits under IC 5-10.2-4-6, but before applying for those benefits; regardless of whether the member dies in service in a position covered by the retirement fund or out of service, the member's surviving spouse or surviving dependent is entitled to survivor benefits in the same amount and under the same conditions as provided in section 7.5 of this chapter. (c) Except as otherwise provided in section 7.5 of this chapter, if a member dies while not in service and while not eligible for retirement or disability retirement, the sum payable upon suspension of membership shall be paid to the member's surviving designated beneficiary or to the member's estate if no beneficiary is designated. (d) The sums specified in subsections (a), (b), and (c) shall be forfeited and credited to the member's retirement fund if no beneficiary or other person entitled to the money under subsection (a), (b), or (c) claims it within three (3) years after the member's death. However, the board may honor a claim made more than three (3) years after the member's death if the board finds, in the board's discretion, that: (1) the member died after August 31, 1992; and (2) either: (A) the delay in making the claim was reasonable; or (B) other extenuating circumstances justify the award of the benefit to the claimant. (e) Survivor benefits payable under this section shall be reduced by any disability benefits paid to the member under the same conditions as provided in section 7.5 of this chapter.