Indiana § 36-8-7.5-19 Benefits exempted from legal process; reimbursement of employers;
withholding payments while charges of criminal taking from employer
pending

Indiana Statutes

§ 36-8-7.5-19 — Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending

Indiana § 36-8-7.5-19

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 7.51953 Police Pension Fund (Indianapolis)

This text of Indiana § 36-8-7.5-19 (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 § 36-8-7.5-19 (2026).

Text

(a)All pensions, annuities, and benefits payable out of the 1953 fund are exempt from seizure or levy upon attachment, garnishment, execution, and all other process. Except as provided in section 23 of this chapter, pensions, annuities, and benefits are not subject to sale, assignment, or transfer by a beneficiary.

(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 misdemeano

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(a) All pensions, annuities, and benefits
payable out of the 1953 fund are exempt from seizure or levy upon
attachment, garnishment, execution, and all other process. Except as
provided in section 23 of this chapter, pensions, annuities, and benefits
are not subject to sale, assignment, or transfer by a beneficiary.
(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.
As added by Acts 1982, P.L.77, SEC.9. Amended by
P.L.10-1993, SEC.17; P.L.97-2004, SEC.129; P.L.203-2019,
SEC.9.