CHAPTER 12. EMPLOYEE BENEFIT PLANS

IC 22-2-12
    Chapter 12. Employee Benefit Plans

IC 22-2-12-1
Payment or refund of wages; estates of decedents; beneficiaries;release of employer
    Sec. 1. Whenever payment or refund is made to an employee,former employee, or his beneficiary or his heirs, legatees or therepresentative of his estate pursuant to a written retirement, death, orother employee benefit plan or savings plan, such payment or refundshall fully discharge the employer, former employer, and any trusteemaking such payment or refund from all adverse claims theretounless, before such payment or refund is made, the employer orformer employer, where the payment or refund is made by theemployer or former employer, has received at its principal place ofbusiness within this state, written notice by or on behalf of someother person that such other person claims to be entitled to suchpayment or refund or some part thereof, or where a trustee is makingthe payment or refund, such notice has been received by the trusteeat its home office.
(Formerly: Acts 1957, c.63, s.1.)

IC 22-2-12-2
Corporate stock; payment or refund; release of employer
    Sec. 2. Should said payment or refund made as provided in section1 of this chapter be comprised in whole or in part of stock in anycorporation, such corporation may accept said stock for transfer asdirected by the employer, former employer, or the trustee makingsuch payment or refund, and shall be entitled to treat the transfereeas the owner of said stock for all purposes unless and until thecorporation has received at its home office written notice by or onbehalf of some other person that such other person claims to beentitled to such stock or to some interest therein.
(Formerly: Acts 1957, c.63, s.2.) As amended by P.L.144-1986,SEC.19.

IC 22-2-12-3
Payment or refund of wages; release of employer; application oflaw
    Sec. 3. Nothing contained in this chapter shall affect any claim orright to any such payment or refund or part thereof as between allpersons other than the employer or former employer and the trusteemaking such payment or refund, or the corporation accepting suchstock for transfer.
(Formerly: Acts 1957, c.63, s.3.) As amended by P.L.144-1986,SEC.20.

IC 22-2-12-4
Employer's failure to make payments; notice; damages
    Sec. 4. (a) This section applies to an employer who has contracted

in writing to make payments to an employee welfare plan, vacationplan, health plan, dental plan, insurance plan, supplementalunemployment plan, benefit plan, profit-sharing plan, pension plan,industry plan, or any other employee plan either by agreement withan employee or an employee benefit plan group or by a collectivebargaining agreement.
    (b) Not later than seven (7) days after failing to make a paymentunder an agreement covered by subsection (a), the employer shallgive written notice of nonpayment to:
        (1) the employee on whose behalf the payment should havebeen made;
        (2) an authorized representative of such an employee;
        (3) an authorized representative of a union that represents suchan employee;
        (4) the authorized representative of the benefit plan to which thepayment should have been made; or
        (5) the trustee of the employee to which the payment shouldhave been made.
    (c) An injured employee may recover double damages plus costsand attorney fees from an employer who fails to give notice undersubsection (b) and who fails to make those payments described insubsection (a) on the employee's behalf. However, an employer is notliable under this section if he shows good cause for his failure tomake the payments described in subsection (a) or his failure to givethe written notice required in subsection (b). "Good cause" does notinclude the employer's financial inability to make the paymentsdescribed in subsection (a).
As added by Acts 1982, P.L.134, SEC.1.