(a) If the employer or political subdivision fails to make payments required by this chapter, the amount payable may be:

1. (1) withheld by the state comptroller from moneys payable to the employer or subdivision and transferred to the fund or the plan, as applicable; or
2. (2) recovered in a suit in the circuit or superior court of the county in which the political subdivision is located. The suit shall be an action by the state on the relation of the board, prosecuted by the attorney general.

(b) If:

1. (1) service credit is verified for a member who has filed an application for retirement benefits; and

2. (2) the member's employer at the time the service credit was earned has not made contributions for or on behalf of the member for the service credit;

   liability for the unfunded service credit shall be charged against the employer's account and collected by the fund as provided in subsection (a). Processing of a member's application for retirement benefits may not be delayed by an employer's failure to make contributions for the service credit earned by the member while the member was employed by the employer.

(c) If the employer or political subdivision fails to file the reports or records required by this chapter or by IC 5-10.3-7-12.5 , the state comptroller shall:

1. (1) withhold the penalty described in IC 5-10.3-7-12.5 from money payable to the employer or the political subdivision; and

2. (2) transfer the penalty to the fund or the plan, as applicable.

   As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.195-1999, SEC.20; P.L.115-2009, SEC.11; P.L.241-2015, SEC.15; P.L.9-2024, SEC.125.