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Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 651-124

Current as of January 01, 2022 | Updated by FindLaw Staff

The right of a debtor to a pension, annuity, retirement or disability allowance, death benefit, any optional benefit, or any other right accrued or accruing under any retirement plan or arrangement described in section 401(a), 401(k), 403(a), 403(b), 408, 408A, 409 (as in effect prior to January 1, 1984), 414(d), or 414(e) of the Internal Revenue Code of 1986, as amended, or any fund created by the plan or arrangement, or any ABLE savings account established pursuant to chapter 256B, shall be exempt from attachment, execution, seizure, the operation of bankruptcy or insolvency laws under title 11 United States Code section 522(b), or under any legal process. However, this section shall not apply to:

(1) A “qualified domestic relations order” as defined in section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, or in section 414(p) of the Internal Revenue Code of 1986, as amended; and

(2) Contributions made to a plan or arrangement within the three years before the date a debtor files for bankruptcy, whether voluntary or involuntary, or within three years before the date a civil action is initiated against the debtor, except for contributions to a retirement plan established by state statute if the effect would be to eliminate a state employee's retirement service credit.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 651-124 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-651-124.html

Read this complete Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 651-124 on Westlaw

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