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IN HB1192
Bill
Status
5/2/2019
Primary Sponsor
Ryan Lauer
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AI Summary
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Allows public employers to be reimbursed from a public servant's pension contributions and benefits when the employee is convicted of criminally taking public funds, proven by a court-ordered restitution following a felony or misdemeanor conviction.
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Authorizes pension boards and trustees to withhold payment of a member's contributions and interest when the employer notifies them that criminal charges for theft of employer property have been filed.
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Protects monthly pension benefits of retired members and disability benefits from being withheld during pending criminal cases.
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Applies to multiple public retirement systems including the Public Employees' Retirement Fund, Teachers' Retirement Fund, State Police Pension Trust, judges' retirement system, prosecuting attorneys retirement fund, and local police and firefighter pension funds.
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Declared an emergency measure, taking effect upon passage.
Legislative Description
Theft by public servants. Specifies that in the case of a public servant who criminally exerts unauthorized control over public funds of the public servant's employer, the employer may be reimbursed from the public servant's public pension fund contributions and benefits. Provides that the employer may withhold payment of the public servant's contributions and interest during the pendency of the criminal case, but may not withhold the: (1) monthly pension portion of a retired public servant; or (2) disability benefits of a public servant who becomes disabled; during that time. Provides that assets of the judges' retirement system and the prosecuting attorneys retirement fund are exempt from levy, sale, garnishment, attachment, or other legal process. (Current law provides similar exemptions for certain funds administered by the Indiana public retirement system.)
Last Action
Public Law 203
5/2/2019