Indiana § 36-8-10-19 Restrictions on alienation of benefits; fund expenses; payment of
insurance premiums

Indiana Statutes

§ 36-8-10-19 — Restrictions on alienation of benefits; fund expenses; payment of insurance premiums

Indiana § 36-8-10-19

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 10Sheriff's Department; Merit Board; Pensions

This text of Indiana § 36-8-10-19 (Restrictions on alienation of benefits; fund expenses; payment of insurance premiums) 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 § 36-8-10-19 (2026).

Text

(a)Except as provided in subsection (c), a person entitled to an interest in or share of a pension or benefit from the trust funds may not, before the actual payment, anticipate it or sell, assign, pledge, mortgage, or otherwise dispose of or encumber it. In addition, the interest, share, pension, or benefit is not, before the actual payment, liable for the debts or liabilities of the person entitled to it, nor is it subject to attachment, garnishment, execution, levy, or sale on judicial proceedings, or transferable, voluntarily or involuntarily.

(b)The trustee may expend the sums from the fund that it considers proper for necessary expenses.

(c)This subsection does not apply to the sheriff of a county. Notwithstanding any other provision of this chapter, an employee beneficiary who is

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(a) Except as provided in subsection (c), a
person entitled to an interest in or share of a pension or benefit from the
trust funds may not, before the actual payment, anticipate it or sell,
assign, pledge, mortgage, or otherwise dispose of or encumber it. In
addition, the interest, share, pension, or benefit is not, before the actual
payment, liable for the debts or liabilities of the person entitled to it,
nor is it subject to attachment, garnishment, execution, levy, or sale on
judicial proceedings, or transferable, voluntarily or involuntarily.
(b) The trustee may expend the sums from the fund that it considers
proper for necessary expenses.
(c) This subsection does not apply to the sheriff of a county.
Notwithstanding any other provision of this chapter, an employee
beneficiary who is receiving a normal or disability monthly pension
benefit under this chapter may, after June 30, 2007, authorize the
trustee to pay a portion of the employee beneficiary's monthly pension
benefit to an insurance provider for the purpose of paying a premium
on a policy of insurance for accident, health, or long term care coverage
for:
(1) the employee beneficiary;
(2) the employee beneficiary's spouse; or
(3) the employee beneficiary's dependents (as defined in Section
152 of the Internal Revenue Code).
[Pre-Local Government Recodification Citation:
17-3-14-17.]
As added by Acts 1981, P.L.309, SEC.61. Amended by
P.L.180-2007, SEC.12.