State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-39

        97B.39  RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL
      PROCESS -- EXCEPTIONS.
         The right of any person to any future payment under this chapter
      is not transferable or assignable, at law or in equity, and the
      moneys paid or payable or rights existing under this chapter are not
      subject to execution, levy, attachment, garnishment, or other legal
      process, or to the operation of any bankruptcy or insolvency law
      except for the purposes of enforcing child, spousal, or medical
      support obligations or marital property orders.  For the purposes of
      enforcing child, spousal, or medical support obligations, the
      garnishment or attachment of or the execution against compensation
      due a person under this chapter shall not exceed the amount specified
      in 15 U.S.C. § 1673(b).  The system shall comply with the provisions
      of a marital property order requiring the selection of a particular
      benefit option, designated beneficiary, or contingent annuitant if
      the selection is otherwise authorized by this chapter and the member
      has not received payment of the member's first retirement allowance.
      However, a marital property order shall not require the payment of
      benefits to an alternative payee prior to the member's retirement,
      prior to the date the member elects to receive a lump sum
      distribution of accumulated contributions pursuant to section 97B.53,
      or in an amount that exceeds the benefits the member would otherwise
      be eligible to receive pursuant to this chapter.  
         Section History: Early Form
         [C46, 50, § 97.43; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      97B.39] 
         Section History: Recent Form
         89 Acts, ch 228, §2; 92 Acts, ch 1195, § 501; 96 Acts, ch 1187, §
      10; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286
         Referred to in § 97B.51

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-39

        97B.39  RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL
      PROCESS -- EXCEPTIONS.
         The right of any person to any future payment under this chapter
      is not transferable or assignable, at law or in equity, and the
      moneys paid or payable or rights existing under this chapter are not
      subject to execution, levy, attachment, garnishment, or other legal
      process, or to the operation of any bankruptcy or insolvency law
      except for the purposes of enforcing child, spousal, or medical
      support obligations or marital property orders.  For the purposes of
      enforcing child, spousal, or medical support obligations, the
      garnishment or attachment of or the execution against compensation
      due a person under this chapter shall not exceed the amount specified
      in 15 U.S.C. § 1673(b).  The system shall comply with the provisions
      of a marital property order requiring the selection of a particular
      benefit option, designated beneficiary, or contingent annuitant if
      the selection is otherwise authorized by this chapter and the member
      has not received payment of the member's first retirement allowance.
      However, a marital property order shall not require the payment of
      benefits to an alternative payee prior to the member's retirement,
      prior to the date the member elects to receive a lump sum
      distribution of accumulated contributions pursuant to section 97B.53,
      or in an amount that exceeds the benefits the member would otherwise
      be eligible to receive pursuant to this chapter.  
         Section History: Early Form
         [C46, 50, § 97.43; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      97B.39] 
         Section History: Recent Form
         89 Acts, ch 228, §2; 92 Acts, ch 1195, § 501; 96 Acts, ch 1187, §
      10; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286
         Referred to in § 97B.51

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-3 > Chapter-97b > 97b-39

        97B.39  RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL
      PROCESS -- EXCEPTIONS.
         The right of any person to any future payment under this chapter
      is not transferable or assignable, at law or in equity, and the
      moneys paid or payable or rights existing under this chapter are not
      subject to execution, levy, attachment, garnishment, or other legal
      process, or to the operation of any bankruptcy or insolvency law
      except for the purposes of enforcing child, spousal, or medical
      support obligations or marital property orders.  For the purposes of
      enforcing child, spousal, or medical support obligations, the
      garnishment or attachment of or the execution against compensation
      due a person under this chapter shall not exceed the amount specified
      in 15 U.S.C. § 1673(b).  The system shall comply with the provisions
      of a marital property order requiring the selection of a particular
      benefit option, designated beneficiary, or contingent annuitant if
      the selection is otherwise authorized by this chapter and the member
      has not received payment of the member's first retirement allowance.
      However, a marital property order shall not require the payment of
      benefits to an alternative payee prior to the member's retirement,
      prior to the date the member elects to receive a lump sum
      distribution of accumulated contributions pursuant to section 97B.53,
      or in an amount that exceeds the benefits the member would otherwise
      be eligible to receive pursuant to this chapter.  
         Section History: Early Form
         [C46, 50, § 97.43; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      97B.39] 
         Section History: Recent Form
         89 Acts, ch 228, §2; 92 Acts, ch 1195, § 501; 96 Acts, ch 1187, §
      10; 2001 Acts, ch 68, §21, 24; 2003 Acts, ch 145, §286
         Referred to in § 97B.51