Indiana Code 36-8-6-14. Priority of claims on insufficient funds; procedure for making pension payments; exemption of payments from judicial process; reimbursement of employers; withholding payments
(b) All pensions shall be paid by the treasurer of the local board at the treasurer’s office at the same time and in the same installments as the members of the police department are paid.
Terms Used In Indiana Code 36-8-6-14
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Conviction: A judgement of guilt against a criminal defendant.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(d) However, the member’s contributions or benefits, or both, may be transferred to reimburse the member’s employer for loss resulting from the member’s criminal taking of the employer’s property by the treasurer of the local board if the treasurer receives adequate proof of the loss. The loss resulting from the member’s criminal taking of the employer’s property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.
(e) The treasurer of the local board may withhold payment of the member’s contributions and interest if the employer of the member notifies the treasurer that felony or misdemeanor charges accusing the member of the criminal taking of the employer’s property have been filed.
(f) The treasurer of the local board may withhold payment of a person’s contributions and interest under subsection (e) until the final resolution of the criminal charges.
(g) Subsections (e) and (f) do not apply to the:
(1) pension benefit of a retired member; or
(2) disability benefit of a member who becomes disabled.
[Pre-Local Government Recodification Citation: 19-1-24-4 part.]
As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.10-1993, SEC.14; P.L.127-2017, SEC.245; P.L.203-2019, SEC.7.