Bankruptcy Exemption Citations
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Exemption: Public employees

Citation: Stat. - Ind. Code Ann. § 5-10.3-8-9

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Ind. Code Ann. § 5-10.3-8-9 :
Article 10.3. The Public Employees' Retirement Fund (Refs & Annos)

Chapter 8. Benefits

5-10.3-8-9 Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending

Sec. 9. (a) All benefits, refunds of contributions, and money in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, the member's contributions or benefits, or both, may be transferred to reimburse his employer for loss resulting from the member's criminal taking of his employer's property by the board if it receives adequate proof of the loss. The loss resulting from the member's criminal taking of his employer's property must be proven by a felony or misdemeanor conviction.

(b) The board may withhold payment of a member's contributions and interest if the employer of the member notifies the board that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.

(c) The board may withhold payment of a member's contributions and interest under subsection (b) until the final resolution of the criminal charges.
Last Amended: 2013
2013

As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.28-1984, SEC.6; P.L.22-1993, SEC.5; P.L.15-2013, SEC.2, eff. July 1, 2013.
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