Indiana Code 5-10.3-8-12. Stopping member’s benefit payments; grounds; limitations
(1) The member does any of the following while receiving the benefit:
Terms Used In Indiana Code 5-10.3-8-12
- 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
- Board: as used in this article means the board of trustees of the Indiana public retirement system established by Indiana Code 5-10.3-1-1
- Member: as used in this article means persons qualifying for membership under Indiana Code 5-10.3-1-5
(B) Disobeys the requirements of the board regarding the examination.
(C) Refuses to repay an overpayment of benefits.
(2) A survivor or beneficiary refuses to repay an overpayment of benefits while receiving the benefit or overpayment of benefits made to the member.
(3) The board has reasonable cause to believe:
(A) that the member, survivor, or beneficiary has died; or
(B) in the case of a member receiving disability benefits under IC 5-10.2-4-6, that the member no longer has a disability.
(b) Except as provided in subsection (c), if an overpayment under this section occurs, the board may not require a member, survivor, or beneficiary to pay more than twenty-five percent (25%) of their monthly benefit toward the overpayment.
(c) If the overpayment described in subsection (a):
(1) began before July 1, 2015; and
(2) was caused by no fault of the member, survivor, or beneficiary;
the board may only require a member, survivor, or beneficiary to pay the amount of the overpayment of benefits received during the six (6) years before the date that the Indiana public retirement system discovers the overpayment and attempts to notify the member, survivor, or beneficiary of the overpayment. If an overpayment subject to this subsection occurs, the board may not require a member, survivor, or beneficiary to pay more than ten percent (10%) of their monthly benefit toward the overpayment. The board may not use any method to collect an overpayment of benefits under this subsection other than those specified in this section.
As added by P.L.22-1993, SEC.6. Amended by P.L.99-2007, SEC.17; P.L.92-2021, SEC.9.