Sec. 4. Notwithstanding section 3(b)(2) of this chapter, a payroll service provider shall be permitted to retain any income generated on client funds while held in a payroll service provider’s legal possession pending remittance to authorized payees if the client agreement expressly permits it and the payroll service provider:

(1) complies with the National Automated Clearing House Association rules;

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Terms Used In Indiana Code 6-8.1-18-4

  • Oversight: Committee review of the activities of a Federal agency or program.
  • payroll service provider: means a third party service provider that is authorized to prepare and file returns, withdraw funds and hold the funds in the payroll service provider's bank account, remit payment, and take other similar reporting and compliance actions on behalf of a business client with regard to that client's tax withholding and remittance duties under IC 6-3-4-8. See Indiana Code 6-8.1-18-1
(2) maintains bank and custodial accounts for client funds that are segregated from any operating funds of the payroll service provider; and

(3) either:

(A) is a publicly held company (subject to Securities and Exchange Commission reporting, public company accounting standards, and audit requirements);

(B) is subject to federal or Indiana financial regulatory oversight related to the handling of client funds;

(C) is subject to review by partner financial institutions at least annually; or

(D) conducts annual SOC 1 or SOC 2 reports of security and integrity controls.

As added by P.L.97-2021, SEC.2.