Indiana § 36-8-8-17 Benefits exempt from judicial process; reimbursement of employers;
withholding payments; transfer prohibited; rollover to eligible
retirement plan

Indiana Statutes

§ 36-8-8-17 — Benefits exempt from judicial process; reimbursement of employers; withholding payments; transfer prohibited; rollover to eligible retirement plan

Indiana § 36-8-8-17

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 81977 Police Officers' and Firefighters' Pension and

This text of Indiana § 36-8-8-17 (Benefits exempt from judicial process; reimbursement of employers; withholding payments; transfer prohibited; rollover to eligible retirement plan) 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 § 36-8-8-17 (2026).

Text

(a)The benefits of this chapter are exempt from attachment and garnishment and may not be seized, taken, or levied upon by any execution or process. However, a fund member's contributions or benefits, or both, may be transferred to reimburse the fund member's employer for loss resulting from the fund member's criminal taking of the employer's property by the system board if the system board receives adequate proof of the loss. The loss resulting from the fund 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.

(b)The system board may withhold payment of a fund member's contributions and interest if the employer of the fund member notifies the bo

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(a) The benefits of this chapter are exempt
from attachment and garnishment and may not be seized, taken, or
levied upon by any execution or process. However, a fund member's
contributions or benefits, or both, may be transferred to reimburse the
fund member's employer for loss resulting from the fund member's
criminal taking of the employer's property by the system board if the
system board receives adequate proof of the loss. The loss resulting
from the fund 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.
(b) The system board may withhold payment of a fund member's
contributions and interest if the employer of the fund member 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 system board may withhold payment of a fund member'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 fund member; or
(2) disability benefit of a fund member who becomes disabled.
(e) Except as provided in subsection (f) and section 17.2 of this
chapter, a person receiving a benefit under this chapter may not
transfer, assign, or sell the benefit.
(f) Notwithstanding any other provision of this chapter, to the extent
required by Internal Revenue Code Section 401(a)(31), as added by the
Unemployment Compensation Amendments of 1992 (P.L.102-318),
and any amendments and regulations related to Section 401(a)(31), the
1977 fund shall allow participants and qualified beneficiaries to elect
a direct rollover of eligible distributions to another eligible retirement
plan.
[Pre-Local Government Recodification Citations:
19-1-17.8-15; 19-1-36.5-15.]
As added by Acts 1981, P.L.309, SEC.59. Amended by
P.L.10-1993, SEC.19; P.L.183-2003, SEC.2; P.L.203-2019,
SEC.10.