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 the
representative of his estate pursuant to a written retirement, death, or
other employee benefit plan or savings plan, such payment or refund
shall fully discharge the employer, former employer, and any trustee
making such payment or refund from all adverse claims thereto
unless, before such payment or refund is made, the employer or
former employer, where the payment or refund is made by the
employer or former employer, has received at its principal place of
business within this state, written notice by or on behalf of some
other person that such other person claims to be entitled to such
payment or refund or some part thereof, or where a trustee is making
the payment or refund, such notice has been received by the trustee
at 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 section
1 of this chapter be comprised in whole or in part of stock in any
corporation, such corporation may accept said stock for transfer as
directed by the employer, former employer, or the trustee making
such payment or refund, and shall be entitled to treat the transferee
as the owner of said stock for all purposes unless and until the
corporation has received at its home office written notice by or on
behalf of some other person that such other person claims to be
entitled 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 of
law
Sec. 3. Nothing contained in this chapter shall affect any claim or
right to any such payment or refund or part thereof as between all
persons other than the employer or former employer and the trustee
making such payment or refund, or the corporation accepting such
stock 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, vacation
plan, health plan, dental plan, insurance plan, supplemental
unemployment plan, benefit plan, profit-sharing plan, pension plan,
industry plan, or any other employee plan either by agreement with
an employee or an employee benefit plan group or by a collective
bargaining agreement.
(b) Not later than seven (7) days after failing to make a payment
under an agreement covered by subsection (a), the employer shall
give written notice of nonpayment to:
(1) the employee on whose behalf the payment should have
been made;
(2) an authorized representative of such an employee;
(3) an authorized representative of a union that represents such
an employee;
(4) the authorized representative of the benefit plan to which the
payment should have been made; or
(5) the trustee of the employee to which the payment should
have been made.
(c) An injured employee may recover double damages plus costs
and attorney fees from an employer who fails to give notice under
subsection (b) and who fails to make those payments described in
subsection (a) on the employee's behalf. However, an employer is not
liable under this section if he shows good cause for his failure to
make the payments described in subsection (a) or his failure to give
the written notice required in subsection (b). "Good cause" does not
include the employer's financial inability to make the payments
described in subsection (a). As added by Acts 1982, P.L.134, SEC.1.
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 the
representative of his estate pursuant to a written retirement, death, or
other employee benefit plan or savings plan, such payment or refund
shall fully discharge the employer, former employer, and any trustee
making such payment or refund from all adverse claims thereto
unless, before such payment or refund is made, the employer or
former employer, where the payment or refund is made by the
employer or former employer, has received at its principal place of
business within this state, written notice by or on behalf of some
other person that such other person claims to be entitled to such
payment or refund or some part thereof, or where a trustee is making
the payment or refund, such notice has been received by the trustee
at 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 section
1 of this chapter be comprised in whole or in part of stock in any
corporation, such corporation may accept said stock for transfer as
directed by the employer, former employer, or the trustee making
such payment or refund, and shall be entitled to treat the transferee
as the owner of said stock for all purposes unless and until the
corporation has received at its home office written notice by or on
behalf of some other person that such other person claims to be
entitled 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 of
law
Sec. 3. Nothing contained in this chapter shall affect any claim or
right to any such payment or refund or part thereof as between all
persons other than the employer or former employer and the trustee
making such payment or refund, or the corporation accepting such
stock 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, vacation
plan, health plan, dental plan, insurance plan, supplemental
unemployment plan, benefit plan, profit-sharing plan, pension plan,
industry plan, or any other employee plan either by agreement with
an employee or an employee benefit plan group or by a collective
bargaining agreement.
(b) Not later than seven (7) days after failing to make a payment
under an agreement covered by subsection (a), the employer shall
give written notice of nonpayment to:
(1) the employee on whose behalf the payment should have
been made;
(2) an authorized representative of such an employee;
(3) an authorized representative of a union that represents such
an employee;
(4) the authorized representative of the benefit plan to which the
payment should have been made; or
(5) the trustee of the employee to which the payment should
have been made.
(c) An injured employee may recover double damages plus costs
and attorney fees from an employer who fails to give notice under
subsection (b) and who fails to make those payments described in
subsection (a) on the employee's behalf. However, an employer is not
liable under this section if he shows good cause for his failure to
make the payments described in subsection (a) or his failure to give
the written notice required in subsection (b). "Good cause" does not
include the employer's financial inability to make the payments
described in subsection (a). As added by Acts 1982, P.L.134, SEC.1.
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 the
representative of his estate pursuant to a written retirement, death, or
other employee benefit plan or savings plan, such payment or refund
shall fully discharge the employer, former employer, and any trustee
making such payment or refund from all adverse claims thereto
unless, before such payment or refund is made, the employer or
former employer, where the payment or refund is made by the
employer or former employer, has received at its principal place of
business within this state, written notice by or on behalf of some
other person that such other person claims to be entitled to such
payment or refund or some part thereof, or where a trustee is making
the payment or refund, such notice has been received by the trustee
at 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 section
1 of this chapter be comprised in whole or in part of stock in any
corporation, such corporation may accept said stock for transfer as
directed by the employer, former employer, or the trustee making
such payment or refund, and shall be entitled to treat the transferee
as the owner of said stock for all purposes unless and until the
corporation has received at its home office written notice by or on
behalf of some other person that such other person claims to be
entitled 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 of
law
Sec. 3. Nothing contained in this chapter shall affect any claim or
right to any such payment or refund or part thereof as between all
persons other than the employer or former employer and the trustee
making such payment or refund, or the corporation accepting such
stock 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, vacation
plan, health plan, dental plan, insurance plan, supplemental
unemployment plan, benefit plan, profit-sharing plan, pension plan,
industry plan, or any other employee plan either by agreement with
an employee or an employee benefit plan group or by a collective
bargaining agreement.
(b) Not later than seven (7) days after failing to make a payment
under an agreement covered by subsection (a), the employer shall
give written notice of nonpayment to:
(1) the employee on whose behalf the payment should have
been made;
(2) an authorized representative of such an employee;
(3) an authorized representative of a union that represents such
an employee;
(4) the authorized representative of the benefit plan to which the
payment should have been made; or
(5) the trustee of the employee to which the payment should
have been made.
(c) An injured employee may recover double damages plus costs
and attorney fees from an employer who fails to give notice under
subsection (b) and who fails to make those payments described in
subsection (a) on the employee's behalf. However, an employer is not
liable under this section if he shows good cause for his failure to
make the payments described in subsection (a) or his failure to give
the written notice required in subsection (b). "Good cause" does not
include the employer's financial inability to make the payments
described in subsection (a). As added by Acts 1982, P.L.134, SEC.1.
