Sec. 6. If a school corporation fails to make payments required by this chapter, the amount payable may be:
(1) withheld by the state comptroller from money payable to the school corporation and transferred to the plan; or
(2) recovered in a suit in the circuit or superior court of the county in which the school corporation is located. The suit must be an action by the state on the relation of the board, prosecuted by the attorney general.