Indiana Code 5-10.4-5-14. Benefits exempted from legal process; reimbursement of employers; withholding of payments while charges of criminal taking from employer pending
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Sec. 14. (a) The benefits payable from the fund are exempt from seizure or levy on attachment, supplemental process, and all other processes. However, the member’s contributions or benefits, or both, may be transferred by the board to reimburse the member’s employer for loss resulting from the member’s criminal taking of the employer’s property 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 5-10.4-5-14
- 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.
- 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.
[Pre-2006 Education Finance Recodification Citation: 21-6.1-5-17.]
As added by P.L.2-2006, SEC.28. Amended by P.L.15-2013, SEC.4; P.L.203-2019, SEC.2.