Indiana § 10-12-2-10 Encumbering shares of benefits before payment; reimbursement of
employers; withholding payments while charges of criminal taking
from employer pending

Indiana Statutes

§ 10-12-2-10 — Encumbering shares of benefits before payment; reimbursement of employers; withholding payments while charges of criminal taking from employer pending

Indiana·Title 10 PUBLIC SAFETY·Art. 12 STATE POLICE PENSIONS AND BENEFITS·Ch. 2 Pension, Death, Disability, Survivor, and Other Benefits

(a)A person entitled to, having an interest in, or sharing a pension or benefit from the trust funds does not, before the actual payment of the pension or benefit, have the right to anticipate, sell, assign, pledge, mortgage, or otherwise dispose of or encumber the pension or benefit.

(b)A person's interest, share, pension, or benefit, before the actual payment of the interest, share, pension, or benefit, may not be:

(1)used to satisfy the debts or liabilities of the person entitled to the interest, share, pension, or benefit;

(2)subject to attachment, garnishment, execution, or levy or sale on judicial proceedings; or

(3)transferred by any means, voluntarily or involuntarily.

(c)The trustee may pay from the trust fund the amounts that the trustee determines are proper and necessary

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(a) A person entitled to, having an interest
in, or sharing a pension or benefit from the trust funds does not, before
the actual payment of the pension or benefit, have the right to
anticipate, sell, assign, pledge, mortgage, or otherwise dispose of or
encumber the pension or benefit.
(b) A person's interest, share, pension, or benefit, before the actual
payment of the interest, share, pension, or benefit, may not be:
(1) used to satisfy the debts or liabilities of the person entitled to
the interest, share, pension, or benefit;
(2) subject to attachment, garnishment, execution, or levy or sale
on judicial proceedings; or
(3) transferred by any means, voluntarily or involuntarily.
(c) The trustee may pay from the trust fund the amounts that the
trustee determines are proper and necessary expenses of the trust fund.
(d) However, the person's contributions or benefits, or both, may be
transferred to reimburse the person's employer for loss resulting from
the person's criminal taking of the employer's property by the trustee if
the trustee receives adequate proof of the loss. The loss resulting from
the person'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.
(e) The trustee may withhold payment of the person's contributions
and interest if the employer of the person notifies the trustee that felony
or misdemeanor charges accusing the person of the criminal taking of
the employer's property have been filed.
(f) The trustee may withhold payment of a person's contributions
and interest under subsection (e) until the final resolution of the
criminal charges.
(g) Subsections (e) and (f) do not apply to the:
(1) monthly benefit of a retired employee beneficiary; or
(2) disability pension of an employee beneficiary with a disability.
[Pre-2003 Recodification Citation: 10-1-2-9.]

Indiana § 10-12-2-10 (Encumbering shares of benefits before payment; reimbursement of employers; withholding payments while charges of criminal taking from employer pending) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.