Indiana § 5-2-6.1-32 Reduction of awards; other conditions

Indiana Statutes

§ 5-2-6.1-32 — Reduction of awards; other conditions

Indiana § 5-2-6.1-32

Title 5STATE AND LOCAL ADMINISTRATION

Art. 2LAW ENFORCEMENT

Ch. 6.1Compensation for Victims of Violent Crimes

This text of Indiana § 5-2-6.1-32 (Reduction of awards; other conditions) 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 § 5-2-6.1-32 (2026).

Text

(a)The division shall reduce an award made under this chapter by the amount of benefits received or to be received from the following sources if those benefits result from or are in any manner attributable to the bodily injury or death upon which the award is based:

(1)Benefits from public or private pension programs, including Social Security benefits.

(2)Benefits from proceeds of an insurance policy.

(3)Benefits under IC 22-3-2 through IC 22-3-6.

(4)Unemployment compensation benefits.

(5)Benefits from other public funds, including Medicaid and Medicare. Compensation must be further reduced or denied to the extent that the claimant's loss is recouped from other collateral sources.

(b)The division shall further reduce an award under this chapter by the following:

(1)The amount of c

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(a) The division shall reduce an award made
under this chapter by the amount of benefits received or to be received
from the following sources if those benefits result from or are in any
manner attributable to the bodily injury or death upon which the award
is based:
(1) Benefits from public or private pension programs, including
Social Security benefits.
(2) Benefits from proceeds of an insurance policy.
(3) Benefits under IC 22-3-2 through IC 22-3-6.
(4) Unemployment compensation benefits.
(5) Benefits from other public funds, including Medicaid and
Medicare.
Compensation must be further reduced or denied to the extent that the
claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapter by
the following:
(1) The amount of court ordered restitution actually received by
the claimant from the offender.
(2) Benefits actually received by the claimant from a third party
on behalf of the offender.
(c) The division shall determine whether the claimant vigorously
pursued recovery against available collateral sources described in this
section.
(d) If the division finds that a claimant has failed to pursue an
applicable collateral source of recovery, the division shall reduce or
deny an award under this section by the amount that is available to the
claimant through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensated
vacation leave, sick leave, personal leave, or other compensatory time
accrued through an employer before applying for benefits. The division
may not reimburse the claimant for the use of paid or otherwise
compensated vacation leave, sick leave, personal leave, or other
compensatory time.