HB 1190

                                                               Introduced Version
            HOUSE BILL No. 1190
                  _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-10-15; IC 36-8-8-12.5.
Synopsis: Line of duty disability from PFAS exposure. Provides that
a health condition that is caused by a PFAS chemical creates a
presumption of disability in the line of duty with respect to firefighters
under certain circumstances. Defines certain terms. Makes conforming
changes.
Effective: July 1, 2026.
                                  Novak
January 5, 2026, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2026  IN 1190—LS 6673/DI 153
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1190
    A BILL FOR AN ACT to amend the Indiana Code concerning
 pensions.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 5-10-15-1, AS AMENDED BY P.L.109-2015,
2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b), this
4 chapter does not apply to an individual who, at any time during the
5 individual's employment by the state or a political subdivision of the
6 state as:
7(1) a member of a fire department (as defined in IC 36-8-1-8);
8(2) an emergency medical services provider (as defined in
9IC 16-41-10-1); or
10(3) a member of a police department (as defined in IC 36-8-1-9);
11 used tobacco products in any form in the five (5) years before the time
12 the individual is diagnosed under section 9(a) of this chapter.
13     (b) This chapter applies to an individual notwithstanding the use
14 of tobacco products as described in subsection (a) if the individual
15 is diagnosed with a PFAS exposure related health condition that
16 would otherwise qualify the individual for a presumption of
17 disability under section 9 of this chapter.
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1     SECTION 2. IC 5-10-15-3, AS AMENDED BY P.L.170-2022,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 3. (a) Except as provided in subsection (b), as
4 used in this chapter, "employee" means an individual who:
5(1) is employed full time by the state or a political subdivision of
6the state as:
7(A) a member of a fire department (as defined in IC 36-8-1-8);
8(B) an emergency medical services provider (as defined in
9IC 16-41-10-1);
10(C) a member of a police department (as defined in
11IC 36-8-1-9); or
12(D) a department of homeland security fire investigator;
13(2) in the course of the individual's employment, is at risk for
14occupational exposure; and
15(3) is not employed elsewhere by the state or a political
16subdivision of the state in a similar capacity.
17     (b) As used in this chapter, "employee", with respect to a PFAS
18 exposure related health condition, means an individual who:
19(1) is employed full time by the state or a political subdivision
20of the state as a member of a fire department (as defined in
21IC 36-8-1-8);
22(2) in the course of the individual's employment, is at risk for
23occupational exposure; and
24(3) is not employed elsewhere by the state or a political
25subdivision of the state in a similar capacity.
26     SECTION 3. IC 5-10-15-6.5 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2026]: Sec. 6.5. As used in this chapter, "PFAS chemical" means
29 any chemical of a class of fluorinated organic chemicals, including:
30(1) perfluoroalkyl substances; and
31(2) polyfluoroalkyl substances;
32 that contains at least one (1) fully fluorinated carbon atom.
33     SECTION 4. IC 5-10-15-6.7 IS ADDED TO THE INDIANA CODE
34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35 1, 2026]: Sec. 6.7. As used in this chapter, "PFAS exposure related
36 health condition" refers to a health condition that is caused by a
37 PFAS chemical to which an individual is at risk for occupational
38 exposure.
39     SECTION 5. IC 5-10-15-9, AS AMENDED BY P.L.59-2009,
40 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2026]: Sec. 9. (a) An employee or former employee who:
42(1) is diagnosed with an exposure related cancer, exposure related
 2026  IN 1190—LS 6673/DI 153
                                    3
1heart or lung disease, or exposure related Parkinson's disease, or
2PFAS exposure related health condition that:
3(A) requires medical treatment; or
4(B) results in total or partial disability; and
5(2) at the time of the diagnosis:
6(A) is actively employed; or
7(B) has terminated employment not more than sixty (60)
8months earlier;
9 is presumed to have a disability incurred in the line of duty.
10     (b) The presumption described in subsection (a) may be rebutted by
11 competent evidence.
12     (c) A meeting or hearing held to rebut the presumption described in
13 subsection (a) may be held as an executive session under
14 IC 5-14-1.5-6.1(b)(1).
15     SECTION 6. IC 36-8-8-12.5, AS AMENDED BY P.L.54-2020,
16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2026]: Sec. 12.5. (a) This section applies only to a fund
18 member who:
19(1) is hired for the first time after December 31, 1989;
20(2) chooses coverage by this section and section 13.5 of this
21chapter under section 12.4 of this chapter; or
22(3) is described in section 12.3(c)(2) of this chapter.
23     (b) At the same hearing where the determination of whether the
24 fund member has a covered impairment is made, the local board shall
25 determine the following:
26(1) Whether the fund member has a Class 1 impairment. A Class
271 impairment is a covered impairment that is the direct result of
28one (1) or more of the following:
29(A) A personal injury that occurs while the fund member is on
30duty.
31(B) A personal injury that occurs while the fund member is off
32duty and is responding to:
33(i) an offense or a reported offense, in the case of a police
34officer; or
35(ii) an emergency or reported emergency for which the fund
36member is trained, in the case of a firefighter.
37(C) An occupational disease (as defined in IC 22-3-7-10). A
38covered impairment that is included within this clause and
39subdivision (2), including mental illnesses, shall be considered
40a Class 1 impairment.
41(D) A health condition caused by an exposure risk disease that
42results in a presumption of disability or death incurred in the
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1line of duty under IC 5-10-13.
2(2) Whether the fund member has a Class 2 impairment. A Class
32 impairment is a covered impairment that is:
4(A) a duty related disease. A duty related disease means a
5disease arising out of the fund member's employment. A
6disease shall be considered to arise out of the fund member's
7employment if it is apparent to the rational mind, upon
8consideration of all of the circumstances, that:
9(i) there is a connection between the conditions under which
10the fund member's duties are performed and the disease;
11(ii) the disease can be seen to have followed as a natural
12incident of the fund member's duties as a result of the
13exposure occasioned by the nature of the fund member's
14duties; and
15(iii) the disease can be traced to the fund member's
16employment as the proximate cause; or
17(B) a health condition caused by:
18(i) an exposure related heart or lung disease;
19(ii) an exposure related cancer; or
20(iii) exposure related Parkinson's disease;
21that results in a presumption of disability incurred in the line
22of duty under IC 5-10-15.
23(3) Whether the fund member has a Class 3 impairment. A Class
243 impairment is a covered impairment that is not a Class 1
25impairment or a Class 2 impairment.
 2026  IN 1190—LS 6673/DI 153