Indiana Code
Chapter 7.5. 1953 Police Pension Fund (Indianapolis)
36-8-7.5-19. Benefits Exempted From Legal Process; Reimbursement of Employers; Withholding Payments While Charges of Criminal Taking From Employer Pending

Sec. 19. (a) All pensions, annuities, and benefits payable out of the 1953 fund are exempt from seizure or levy upon attachment, garnishment, execution, and all other process. Except as provided in section 23 of this chapter, pensions, annuities, and benefits are not subject to sale, assignment, or transfer by a beneficiary.
(b) 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 local board if the local board receives adequate proof of the loss. The loss resulting from the member's criminal taking of the 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 local board may withhold payment of the member's contributions and interest if the employer of the member notifies the local board that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.
(d) The local board may withhold payment of a person's contributions and interest under subsection (c) until the final resolution of the criminal charges.
(e) Subsections (c) and (d) do not apply to the:
(1) pension benefit of a retired member; or
(2) disability benefit of a member who becomes disabled.
As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.10-1993, SEC.17; P.L.97-2004, SEC.129; P.L.203-2019, SEC.9.

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