US Lawyer Database

5-10.3-12-26. Member Accounts; Withdrawals; Forms of Payment

Sec. 26. (a) After December 31, 2020, subject to the provisions of the Internal Revenue Code applicable to qualified plan distributions, a member who terminates service in a covered position is entitled to withdraw all or part of the amounts in the member’s account to the extent the member is vested in the account. A […]

5-10.3-12-28. Plan Exempt From Legal Process; Assignment of Payments

Sec. 28. (a) All assets in the plan are exempt from levy, sale, garnishment, attachment, or other legal process. (b) A member, beneficiary, or survivor may not assign any payment under this chapter except for the following: (1) Premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in part by a state […]

5-10.3-12-29. Rollover Contributions; Rollover Accounts

Sec. 29. (a) To the extent permitted by the Internal Revenue Code and the applicable regulations and guidance, the plan may accept, on behalf of any member, a rollover distribution from any of the following: (1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code. (2) An annuity contract […]

5-10.3-12-30. Member Accounts; Disability Withdrawals; Forms of Payment

Sec. 30. (a) If a member becomes disabled while in a covered position, subject to any federal law limitations concerning qualified plan distributions and the member furnishing proof of the member’s qualification for Social Security disability benefits to the board, to the extent that the member is vested, the member may make a full or […]

5-10.3-12-31. Effect of Reemployment on Plan Participation

Sec. 31. (a) If a member of the plan separates from employment with the member’s employer and later begins employment with the same or a different employer in a position covered by the plan: (1) the member resumes the member’s participation in the plan; and (2) the member is entitled to receive credit for the […]

5-10.3-12-21. Plan; Member Accounts; Rollover Accounts

Sec. 21. (a) The plan consists of the following: (1) Each member’s contributions to the plan under section 23 of this chapter. (2) Contributions made by an employer to the plan on behalf of each member under section 24 or 24.5 of this chapter. (3) Rollovers to the plan by a member under section 29 […]