Indiana Code
Chapter 8. Benefits
5-10.3-8-9. Benefits Exempted From Legal Process; Reimbursement of Employers; Withholding Payments While Charges of Criminal Taking From Employer Pending

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.
(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.
(c) The board may withhold payment of a member'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) 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.

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