Indiana Code
Chapter 1.5. Revised Unclaimed Property Act
32-34-1.5-5. Presumption of Abandonment for Property Held in a Pension Account or Retirement Account

Sec. 5. (a) Subject to section 11 of this chapter, property held in a pension account or retirement account that qualifies for tax deferral under federal income tax laws is presumed abandoned if it is unclaimed by the apparent owner three (3) years after the later of the following:
(1) The following dates:
(A) Except as provided in clause (B), the date a second consecutive communication sent by the holder by first class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal Service.
(B) If the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States Postal Service.
(2) The earlier of the following dates:
(A) The date the apparent owner reaches the age at which the Internal Revenue Service requires a minimum distribution from the account, if determinable by the holder.
(B) If the Internal Revenue Code requires distribution to avoid a tax penalty, two (2) years after the following dates:
(i) The date the holder receives confirmation of the death of the apparent owner in the ordinary course of its business.
(ii) The date the holder confirms the death of the apparent owner under subsection (b).
(b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner of an account described in subsection (a) and subsection (a)(2) applies, the holder shall attempt not later than ninety (90) days after receipt of the notice or indication to confirm whether the apparent owner is deceased.
(c) If the holder does not send communications to the apparent owner of an account described in subsection (a) by first class United States mail, the holder must attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's last indication of interest in the property. However, the holder must attempt to contact the apparent owner by first class United States mail within sixty (60) days if any of the following apply:
(1) The holder does not have information needed to send the apparent owner an electronic mail communication or the holder believes the apparent owner's electronic mail address in the holder's records is not valid.
(2) The holder receives notification the electronic mail communication was not received.
(3) The apparent owner does not respond to the electronic mail communication not later than thirty (30) days after the communication was sent.
(d) If first class United States mail sent under subsection (c) is returned to the holder undelivered by the United States Postal Service, the property is presumed abandoned three (3) years after the later of the following:
(1) Except as provided in subdivision (2), the date a second consecutive communication to the apparent owner sent by first class United States mail is returned to the holder undelivered.
(2) If the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered.
(3) The date established by subsection (a)(2).
As added by P.L.141-2021, SEC.20.

Structure Indiana Code

Indiana Code

Title 32. Property

Article 34. Lost or Unclaimed Personal Property

Chapter 1.5. Revised Unclaimed Property Act

32-34-1.5-1. Nonapplicability of Chapter

32-34-1.5-2. Citation of Law as "Revised Unclaimed Property Act"

32-34-1.5-3. Definitions

32-34-1.5-4. Presumption of Abandonment

32-34-1.5-5. Presumption of Abandonment for Property Held in a Pension Account or Retirement Account

32-34-1.5-6. Presumption of Abandonment for Property Held in a Tax Deferred Account or Plan

32-34-1.5-7. Presumption of Abandonment for Property Held in an Account Established for Minors

32-34-1.5-8. Presumption of Abandonment for Property Held in a Safe Deposit Box

32-34-1.5-9. Presumption of Abandonment for Securities

32-34-1.5-10. Presumption of Abandonment for Accrued Interest

32-34-1.5-11. Indication of Apparent Owner's Interest

32-34-1.5-12. Death of an Insured or Annuitant; Death Master File

32-34-1.5-13. Proceeds Payable Under an Insurance Policy or Annuity Contract

32-34-1.5-14. Property Located in Another State or Foreign Country

32-34-1.5-15. Property Subject to Custody of State as Unclaimed Property

32-34-1.5-16. Traveler's Checks; Money Orders

32-34-1.5-17. Disputes; Burden of Proof

32-34-1.5-18. Reporting Property Presumed Abandoned

32-34-1.5-19. Reporting Requirements

32-34-1.5-20. Reporting Deadlines

32-34-1.5-21. Retention of Records

32-34-1.5-22. Failure of Owner to Request Payment

32-34-1.5-23. Notice Sent to Apparent Owner

32-34-1.5-24. Notice Requirements

32-34-1.5-25. Publication of Notice in Newspaper and on Internet

32-34-1.5-26. Determining Current Address of Apparent Owner

32-34-1.5-27. Good Faith Payment or Delivery of Property

32-34-1.5-28. Dormancy Charge

32-34-1.5-29. Delivery of Property to Attorney General

32-34-1.5-30. Liability for Property Paid or Delivered in Good Faith

32-34-1.5-31. Claims for Reimbursement and Return of Property

32-34-1.5-32. Property Removed From Safe Deposit Box

32-34-1.5-32.5. United States Savings Bonds

32-34-1.5-33. Gain Realized or Accrued on Property

32-34-1.5-34. Declining Custody of Property; Delivering Property Before Presumed Abandoned

32-34-1.5-35. Disposal of Property; Actions Against State

32-34-1.5-36. Periods of Limitation; Commencement of Action by Attorney General

32-34-1.5-37. Sale of Property

32-34-1.5-38. Sale of Securities

32-34-1.5-39. Transfer of Securities

32-34-1.5-40. Property Purchased at Sale

32-34-1.5-41. Medal or Decoration Awarded for Military Service

32-34-1.5-42. Abandoned Property Fund

32-34-1.5-43. Records Maintained by Attorney General

32-34-1.5-44. Deductions; Transfer to State General Fund

32-34-1.5-45. Property Not Owned by State

32-34-1.5-46. Property Subject to Superior Claim

32-34-1.5-47. Right of Another State to Take Custody of Property

32-34-1.5-48. Filing Claims for Property

32-34-1.5-49. Allowing and Denying Claims

32-34-1.5-50. Delivery of Property to Owner; Payment of Enforceable Debt

32-34-1.5-51. Action for Denial of Claim

32-34-1.5-52. Verified Report

32-34-1.5-53. Examining Records

32-34-1.5-54. Rules for Examining Records

32-34-1.5-55. Use and Disclosure of Records

32-34-1.5-56. Prima Facie Evidence of Debt or Obligation

32-34-1.5-57. Estimating Value of Property

32-34-1.5-58. Examination Report

32-34-1.5-59. Intervention in Examination; Request for Conference

32-34-1.5-60. Contract With Person to Conduct Examination

32-34-1.5-61. Ethics and Conflicts of Interest

32-34-1.5-62. Annual Report to Treasurer of State

32-34-1.5-63. Determination of Putative Holder's Liability

32-34-1.5-64. Request by Putative Holder for Informal Conference

32-34-1.5-65. Relief From Determination Made by Attorney General

32-34-1.5-66. Administrative Remedies

32-34-1.5-67. Judicial Review and Procedure

32-34-1.5-68. Enforcement of Determination

32-34-1.5-69. Exchanging Records With Another State or Foreign Country

32-34-1.5-70. Action With or on Behalf of Another State or Foreign Country

32-34-1.5-71. Interest Rates and Civil Penalties for Undelivered Property

32-34-1.5-72. Civil Penalties for Evasion and Fraudulent Reports

32-34-1.5-73. Waiving Interest and Penalties

32-34-1.5-74. Agreements to Locate or Recover Property

32-34-1.5-75. Unenforceable Agreements to Locate or Recover Property

32-34-1.5-76. Agent of Apparent Owner

32-34-1.5-77. Personal Information

32-34-1.5-78. Confidential Information

32-34-1.5-79. Disclosing Confidential Information

32-34-1.5-80. Confidentiality Agreements

32-34-1.5-81. Confidential Information in Notice

32-34-1.5-82. Responsibilities for Confidential Information; Security Plan

32-34-1.5-83. Notice of Breach of Confidential Information

32-34-1.5-84. Claims Regarding Confidential Information; Indemnification

32-34-1.5-85. General Purpose of Uniformity Among States

32-34-1.5-86. Interaction With Federal Laws

32-34-1.5-87. Rules