Indiana Code 5-10.3-8-9. Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending
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Sec. 9. (a) All benefits, refunds of contributions, and money in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. 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 board if the board receives adequate proof of the loss. The loss resulting from the member’s criminal taking of the member’s 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.
(c) The board may withhold payment of a member’s contributions and interest under subsection (b) until the final resolution of the criminal charges.
(b) The board may withhold payment of a member’s contributions and interest if the employer of the member notifies the board that felony or misdemeanor charges accusing the member of the criminal taking of the employer’s property have been filed.
Terms Used In Indiana Code 5-10.3-8-9
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- Employer: as used in this article means the state for employees of the state and a political subdivision for its employees. See Indiana Code 5-10.3-1-2
- Fund: as used in this article means the public employees' retirement fund. See Indiana Code 5-10.3-1-3
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Member: as used in this article means persons qualifying for membership under Indiana Code 5-10.3-1-5
- 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.
(d) Subsections (b) and (c) do not apply to the:
(1) pension portion of the member’s retirement benefit; or
(2) disability retirement benefit of a member who becomes disabled.
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.28-1984, SEC.6; P.L.22-1993, SEC.5; P.L.15-2013, SEC.2; P.L.203-2019, SEC.1.