§ 24-7-715 - Benefit rights not subject to legal process.
24-7-715. Benefit rights not subject to legal process.
(a) (1) The right of a person to an annuity, to the return of accumulated contributions, to the annuity itself, to any annuity option, and to any other right accrued or accruing under the provisions of this act, and all moneys belonging to the Arkansas Teacher Retirement System, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever and shall be unassignable, except as is specifically provided in this act.
(2) However, the employer shall have the right of setoff for any claim arising from embezzlement by, or fraud of, a member, retirant, or beneficiary.
(b) In the event an individual is no longer an active teacher or employee of any public school district in this state, nor on leave of absence, and is found by any court of competent jurisdiction of this state to be willfully refusing or failing to support minor dependent children of the individual in violation of a court order providing for such support, although the individual is financially able to do so, then the court may, in its discretion, order the accumulated contributions, annuity or annuity options, or any other funds accruing under the provisions of this act to be paid into the registry of the court for such further disposition as the court shall deem just and proper.
(c) (1) If, under the provisions of subsection (b) of this section, there is created a court order which directs payment of all, or a portion of, a person's accumulated contributions, the payment shall be made by the system to the court.
(2) The person shall be notified by the system of the payment and shall be given an opportunity to redeposit with the system the amount of the payment.
(3) If the payment is not redeposited, then any system annuity otherwise payable to, or on behalf of, the person shall be reduced in the proportion that the payment bears to the person's accumulated contributions before the payment.