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Indiana law prevents you or your beneficiary from assigning your PERF benefits. Accordingly, PERF cannot honor any divorce decree which requires it to pay anyone other than you or your legal beneficiary. In order to be consistent with the laws governing PERF, and in order to satisfy Indiana’s domestic relations laws, divorce decrees should order you (or your legal beneficiary thereof) to make payments to your ex-spouse, rather than ordering PERF to make such payments. In addition, Indiana law prohibits PERF from garnishing a member’s benefit for child support payments.
Under state law, benefits in the ASA Only plan are exempt from any legal process. QDROs do not apply at all to INPRS. Even though they are the product of federal legislation, which normally supersedes state laws, they do not apply to INPRS since it is a governmental plan exempt from the QDRO requirements.
Indiana law allows various holds to be placed on a member’s account due to such things as tax levy or embezzlement. These holds affect if, and when, a member can take a distribution. For more information, contact INPRS.