Indiana Code
Chapter 7. Retirement Fund
33-39-7-10.5. Benefits Exempted From Legal Process; Reimbursement of Employers; Withholding Payments While Charges of Criminal Taking From Employer Pending

Sec. 10.5. (a) All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, a participant's contributions or benefits, or both, may be transferred to reimburse the participant's employer for loss resulting from the participant'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 participant's criminal taking of the participant'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.
(b) The board may withhold payment of a participant's contributions and interest if the employer of the participant notifies the board that felony or misdemeanor charges accusing the participant of the criminal taking of the employer's property have been filed.
(c) The board may withhold payment of a participant's contributions and interest under subsection (b) until the final resolution of the criminal charges.
(d) Subsections (b) and (c) do not apply to the:
(1) retirement benefit of a retired participant; or
(2) disability benefit of a participant who is permanently disabled.
As added by P.L.27-2019, SEC.23. Amended by P.L.203-2019, SEC.5.

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