Indiana § 33-38-6-19.5 Benefits exempted from legal process; reimbursement of employers;
withholding payments while charges of criminal taking from employer
pending

Indiana Statutes

§ 33-38-6-19.5 — Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending

Indiana § 33-38-6-19.5

Art. 38JUDGES

Ch. 6Judges' Retirement System

This text of Indiana § 33-38-6-19.5 (Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 33-38-6-19.5 (2026).

Text

5.

(a)All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, the participant's contributions or benefits, or both, may be transferred to reimburse the participant's employer for loss resulting from the participant'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 participant's criminal taking of the participant'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 participant's contributions and interest if the employer of the participant notifies the board that felony or misdemeanor charges accusing

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5. (a) All assets in the fund are exempt
from levy, sale, garnishment, attachment, or other legal process.
However, the participant's contributions or benefits, or both, may be
transferred to reimburse the participant's employer for loss resulting
from the participant'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 participant's criminal taking of the participant'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 participant's contributions
and interest if the employer of the participant notifies the board that
felony or misdemeanor charges accusing the participant of the criminal
taking of the employer's property have been filed.
(c) The board may withhold payment of a participant'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) retirement benefit of a retired participant; or
(2) disability benefit of a participant who becomes permanently
disabled.