Encumbering shares of benefits before payment; reimbursement of employers; withholding payments while charges of criminal taking from employer pending
Ind. Code § 10-12-2-10
in effectSec. 10. (a) A person entitled to, having an interest in, or sharing a pension or benefit from the trust funds does not, before the actual payment of the pension or benefit, have the right to anticipate, sell, assign, pledge, mortgage, or otherwise dispose of or encumber the pension or benefit.
(b) A person's interest, share, pension, or benefit, before the actual payment of the interest, share, pension, or benefit, may not be:
(1) used to satisfy the debts or liabilities of the person entitled to the interest, share, pension, or benefit;
(2) subject to attachment, garnishment, execution, or levy or sale on judicial proceedings; or
(3) transferred by any means, voluntarily or involuntarily.
(c) The trustee may pay from the trust fund the amounts that the trustee determines are proper and necessary expenses of the trust fund.
(d) However, the person's contributions or benefits, or both, may be transferred to reimburse the person's employer for loss resulting from the person's criminal taking of the employer's property by the trustee if the trustee receives adequate proof of the loss. The loss resulting from the person'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.
(e) The trustee may withhold payment of the person's contributions and interest if the employer of the person notifies the trustee that felony or misdemeanor charges accusing the person of the criminal taking of the employer's property have been filed.
(f) The trustee may withhold payment of a person's contributions and interest under subsection (e) until the final resolution of the criminal charges.
(g) Subsections (e) and (f) do not apply to the:
(1) monthly benefit of a retired employee beneficiary; or
(2) disability pension of an employee beneficiary with a disability.
[Pre-2003 Recodification Citation: 10-1-2-9.]
As added by P.L.2-2003, SEC.3. Amended by P.L.203-2019, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/10Fetched: 10/17/2026