Bankruptcy Exemption Citations
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← Maine Pensions & Retirement Savings Exemptions

Exemption: State employees

Citation: Stat. - Me. Rev. Stat. Ann. tit. 5, § 17054

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Me. Rev. Stat. Ann. tit. 5, § 17054 :
Part 20. State Retirement System (Refs & Annos)

Chapter 421. General Provisions

Subchapter II. General Policies and Intent

� 17054. 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 any person under this Part and the money in the various funds created by this Part may not be subject to execution, garnishment, attachment or any other process and shall be unassignable except that:

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

2. Accumulated contributions available for child support. A member's accumulated contributions, being refundable under sections 17705, 17706, 18306 and 18307, are available to satisfy any child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process;

3. Recovery of overpayments by the retirement system. Any amounts due the retirement system as the result of overpayment or erroneous payment of benefits, an excess refund of contributions or overpayment or erroneous payment of life insurance benefits may be recovered from an individual's contributions, any benefits or life insurance benefits payable under this Part to the individual or the beneficiary of the individual or any combination of contributions and benefits. If the overpayment or excess refund of contributions resulted from an unintentional mistake by an employee of the retirement system, the retiree or the recipient of the benefit or life insurance benefit, no interest may be collected by the retirement system on the amount to be recovered. The executive director may also take action to recover those amounts due from any amounts payable to the individual by any other state agency or by an action in a court of competent jurisdiction. Whenever the executive director makes a decision to recover any amounts under this subsection, that decision is subject to appeal under section 17451; and

4. Qualified domestic relations order. The rights of a member or retiree under this Part are subject to the rights of or assignment to an alternate payee under a qualified domestic relations order in accordance with section 17059.
Last Amended: 2012
2012

1 Amended by 2012 Me. Legis. Serv. Ch. 606 (H.P. 1351) (L.D. 1831) (WEST).

11985, c. 801, � 5, eff. Jan. 1, 1987; 1987, c. 739, � 4; 1991, c. 184, �� 1, 2; 1991, c. 746, �� 6 to 8, eff. March 27, 1992;1993, c. 386, � 2;2005, c. 560, � 1;2007, c. 137, � 9;2009, c. 322, � 1.
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