Bankruptcy Exemption Citations
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← South Carolina Pensions & Retirement Savings Exemptions

Exemption: Public employees

Citation: Stat. - S.C. Code Ann. § 9-1-1680

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S.C. Code Ann. § 9-1-1680 :
Chapter 1. South Carolina Retirement System

Article 13. Retirement and Retirement Benefits

� 9-1-1680. Exemption from taxation and legal process; exceptions; assignment.

Except as provided in Section 8-1-115 and subject to the doctrine of constructive trust ex maleficio, the right of a person to an annuity or a retirement allowance or to the return of contributions, an annuity, or retirement allowance itself, any optional benefit, or any other right accrued or accruing to any person under the provisions of this chapter, and the monies of the system created under the provisions of this chapter or any private retirement system operated by a municipality, are exempted from any state or municipal tax, except the taxes imposed pursuant to Chapters 6 and 16 of Title 12, and exempted from levy and sale, garnishment, attachment, or any other process and are unassignable except as specifically otherwise provided in this chapter.
Last Amended: 2008
2008
HISTORY: 1962 Code � 61-116; 1952 Code � 61-116; 1945 (44) 212; 1949 (46) 424.

HISTORY: 1988 Act No. 297, eff February 2, 1988; 1989 Act No. 189, Part II, � 39C, eff for taxable years beginning after 1988 and with respect to estates of decedents dying after 1988 (became law on June 8, 1989, without the Governor's signature); 2001 Act No. 16, � 2, eff April 10, 2001.

The 2008 amendment added exceptions in the first sentence and added the second sentence excepting authorized deductions from a retirement allowance.
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