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Ind. Code § 5-10.3-8-9

Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending

Applied in 3 court decisions — leading case Timothy Kendrick v. Angela Kendrick (2015)

Most recently applied in Timothy Kendrick v. Angela Kendrick (September 2015)

As added by Acts 1977, P.L.53, SEC.3

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.