3 §703. Legal process and assignment

Title 3: LEGISLATURE

Chapter 29: LEGISLATIVE RETIREMENT

Subchapter 1: GENERAL PROVISIONS

§703. Legal process and assignment

The right of a person to a retirement allowance, the retirement allowance itself, the refund of a person's accumulated contributions, any death benefit, any other right accrued or accruing to a person under this chapter and the money in the various funds created by this chapter are not subject to execution, garnishment, attachment or any other process and are unassignable except that: [1991, c. 746, §1 (RPR); 1991, c. 746, §10 (AFF).]

1. Retirement allowance available for child support. A member's retirement allowance is available to satisfy a child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process;

[ 1991, c. 746, §1 (NEW); 1991, c. 746, §10 (AFF) .]

2. Accumulated contributions available for child support. A member's accumulated contributions, which are refundable under sections 805-A and 805-B, are available to satisfy a child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; and

[ 2007, c. 137, §1 (AMD) .]

3. Qualified domestic relations order. The rights and benefits of a member or retiree under this chapter are subject to the rights of or assignment to an alternate payee, as defined in Title 5, section 17001, subsection 3-B, under a qualified domestic relations order in accordance with Title 5, section 17059.

[ 1991, c. 746, §1 (NEW); 1991, c. 746, §10 (AFF) .]

SECTION HISTORY

1985, c. 507, §1 (NEW). 1991, c. 746, §1 (RPR). 1991, c. 746, §10 (AFF). 2007, c. 137, §1 (AMD).