§ 36-8-7-22 — Exemption of fund from judicial process; authorized expenditures; reimbursement of employers; withholding payments

Indiana § 36-8-7-22

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 7: 1937 Firefighters' Pension Fund

Text

(a) The 1937 fund may not be, either before
or after an order for distribution to members of the fire department or
to the surviving spouses or guardians of a child or children of a
deceased, disabled, or retired member, held, seized, taken, subjected to,
detained, or levied on by virtue of an attachment, execution, judgment,
writ, interlocutory or other order, decree, or process, or proceedings of
any nature issued out of or by a court in any state for the payment or
satisfaction, in whole or in part, of a debt, damages, demand, claim,
judgment, fine, or amercement of the member or the member's
surviving spouse or children. The 1937 fund shall be kept and
distributed only for the purpose of pensioning the persons named in
this chapter. The local board may, however, annually expend an
amount from the 1937 fund that it considers proper for the necessary
expenses connected with the fund. Notwithstanding any other law,
neither the fiscal body nor the department of local government finance
may reduce these expenditures.
(b) 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
local board if the local board receives adequate proof of the loss. The
loss resulting from the member'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.
(c) The local board may withhold payment of the member's
contributions and interest if the employer of the member notifies the
local board that felony or misdemeanor charges accusing the member
of the criminal taking of the employer's property have been filed.
(d) The local board may withhold payment of a person's
contributions and interest under subsection (c) until the final resolution
of the criminal charges.
(e) Subsections (c) and (d) do not apply to the:
(1) pension benefit of a retired member; or
(2) disability benefit of a member who becomes disabled.
[Pre-Local Government Recodification Citations:
19-1-37-22; 19-1-37-27 part.]
As added by Acts 1981, P.L.309, SEC.57. Amended by
P.L.90-2002, SEC.489; P.L.224-2007, SEC.125; P.L.146-2008,
SEC.778; P.L.203-2019, SEC.8; P.L.257-2019, SEC.150;
P.L.156-2020, SEC.146.