Sec. 22. (a) The 1937 fund may not be, either before or after an order for distribution to members of the fire department or to the surviving spouses or guardians of a child or children of a deceased, disabled, or retired member, held, seized, taken, subjected to, detained, or levied on by virtue of an attachment, execution, judgment, writ, interlocutory or other order, decree, or process, or proceedings of any nature issued out of or by a court in any state for the payment or satisfaction, in whole or in part, of a debt, damages, demand, claim, judgment, fine, or amercement of the member or the member’s surviving spouse or children. The 1937 fund shall be kept and distributed only for the purpose of pensioning the persons named in this chapter. The local board may, however, annually expend an amount from the 1937 fund that it considers proper for the necessary expenses connected with the fund. Notwithstanding any other law, neither the fiscal body nor the department of local government finance may reduce these expenditures.

     (b) 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 local board if the local board 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.

Terms Used In Indiana Code 36-8-7-22

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
     (c) The local board may withhold payment of the member’s contributions and interest if the employer of the member notifies the local board that felony or misdemeanor charges accusing the member of the criminal taking of the employer’s property have been filed.

     (d) The local board may withhold payment of a person’s contributions and interest under subsection (c) until the final resolution of the criminal charges.

     (e) Subsections (c) and (d) 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 Citations: 19-1-37-22; 19-1-37-27 part.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.90-2002, SEC.489; P.L.224-2007, SEC.125; P.L.146-2008, SEC.778; P.L.203-2019, SEC.8; P.L.257-2019, SEC.150; P.L.156-2020, SEC.146.

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