Thatcher v. City of Kokomo

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The City of Kokomo terminated the employment of Mark Thatcher, a police officer, after Thatcher sustained a knee injury in the line of duty. Thatcher was a member of the 1977 Fund, a disability and pension fund for police officers. Thatcher began receiving disability benefits subsequent to his injury. After Thatcher's knee was repaired, he sought reinstatement to active duty. The City decided not to reinstate Thatcher, who was fifty years of age and had completed four years of service in the police department, based on Ind. Code 36-8-4-7(a). Thatcher brought claims in federal district court against the City and Kokomo Police Department (KPD) under the Age Discrimination in Employment Act and Americans with Disabilities Act. The Supreme Court accepted certification and held that the City correctly determined that Thatcher was statutorily prohibited from returning to the KPD, as (1) section 36-8-4-7(a) applies to a member of the 1977 Fund who is receiving disability benefits and who has been determined to have been recovered; and (2) the time period during which a person receives disability benefits does not count toward "years of service" as that term is used in section 36-8-4-7(a).