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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) No person entitled to any interest or share in any pension, any return of contributions or accumulated contributions, or any other benefit payable or to be made payable from funds of the system shall have the right to anticipate such entitlement or to sell, assign, pledge, mortgage, or otherwise dispose of or encumber such entitlement, nor shall any interest or share in any pension, any return of contributions or accumulated contributions, or any other benefit payable or to be made payable from funds of the system be liable for the debts or liabilities of the person or persons entitled thereto, or be subject to attachment, garnishment, execution, levy, sale, or judicial proceedings, or be transferable by any means, voluntarily or involuntarily, except as expressly provided for in this subchapter.
(b) Should a member be covered by a group insurance or prepayment plan participated in by the Division of Arkansas State Police and should he or she be permitted to, and elect to, continue the coverage as a retirant, nothing contained in this section shall prevent the board, upon the member's written request, from deducting from his or her pension the payments required of him or her to continue coverage under the group insurance or prepayment plan.
(c) An exception to the prohibition against subjection of annuity rights to any process of law applies to the following:
(1) The State of Arkansas shall have the right of setoff for any claim arising from embezzlement by, or fraud of, a member, retirant, or beneficiary; and
(2) A court of competent jurisdiction of this state may order the monthly benefit of a retirant to be paid into the registry of the court for disposition as the court deems just and proper if the retirant is found by the court to be willfully refusing or failing to support his or her minor dependent children in violation of a court order providing for such support.
Cite this article: FindLaw.com - Arkansas Code Title 24. Retirement and Pensions § 24-6-223. Pension share--Exempt - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-24-retirement-and-pensions/ar-code-sect-24-6-223/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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