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9-18-103. Orders to reach public employees' retirement benefits.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-18-103. Orders to reach public employees' retirement benefits.
(a) Notwithstanding § 24-3-212 [repealed] and § 24-7-715 or any other laws of Arkansas limiting the application of legal process to any retirement plans, the Arkansas Teacher Retirement System, the State Police Retirement System, the Arkansas State Highway Employees' Retirement System, the Arkansas Public Employees' Retirement System, the Arkansas Judicial Retirement System, and any other state-supported retirement system shall comply with any qualified domestic relations order as defined in this chapter.
(b) The boards of trustees of the state-supported retirement systems shall:
(1) Establish rules to implement this chapter; and
(2)(A) Adopt a uniform legal form for use in preparing a qualified domestic relations order for each retirement plan.
(B)(i) The state-supported retirement system's uniform legal form of the qualified domestic relations order shall be approved by the Legislative Council.
(ii) A state-supported retirement system is not required to comply with a qualified domestic relations order that does not substantially follow the uniform legal form approved by the Legislative Council.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-18-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-18-103
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6e3d809552ef632732e4567e4fda069b432deb02190f843779c71b559f0b8dc6
Source location: content.xml paragraph 11677
Stored source content
9-18-103. Orders to reach public employees' retirement benefits.
(a) Notwithstanding § 24-3-212 [repealed] and § 24-7-715 or any other laws of Arkansas limiting the application of legal process to any retirement plans, the Arkansas Teacher Retirement System, the State Police Retirement System, the Arkansas State Highway Employees' Retirement System, the Arkansas Public Employees' Retirement System, the Arkansas Judicial Retirement System, and any other state-supported retirement system shall comply with any qualified domestic relations order as defined in this chapter.
(b) The boards of trustees of the state-supported retirement systems shall:
(1) Establish rules to implement this chapter; and
(2)(A) Adopt a uniform legal form for use in preparing a qualified domestic relations order for each retirement plan.
(B)(i) The state-supported retirement system's uniform legal form of the qualified domestic relations order shall be approved by the Legislative Council.
(ii) A state-supported retirement system is not required to comply with a qualified domestic relations order that does not substantially follow the uniform legal form approved by the Legislative Council.
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Arkansas Code — all titles (historical 2020) · legal_authorities
24-7-715. Benefit rights not subject to legal process — Definition.
(a) As used in this section, “pension assignee” means an individual or entity that is not a designated beneficiary and:
(1) Is assigned some or all of a benefit participant’s pension benefits by the benefit participant; or
(2) Claims an interest in, or control over, a benefit participant’s plan benefit or an account to which a benefit participant’s plan benefit is deposited.
(b)(1) Except as provided in subsection (e) of this section, a benefit participant’s right to an annuity, to the return of accumulated contributions, to the annuity itself, to any annuity option, to a plan benefit, and to any other right accrued or accruing under the provisions of this act, and all moneys belonging to the Arkansas Teacher Retirement System, shall not be:
(A) Subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or any other legal or equitable process; or
(B) Assignable or transferable.
(2) An employer shall have the right of setoff for any claim arising from embezzlement by, or fraud of, a benefit participant.
(3) This subsection does not prevent the right of the system to:
(A) Correct errors under § 24-7-205 in any manner provided by law; or
(B) Collect any moneys due from or related to a member account associated with a benefit participant.
(4) This subsection does not apply to the rollover of distributions as allowed under § 24-7-719.
(c) If an inactive member is found by any court of competent jurisdiction of this state to be willfully refusing or failing to support minor dependent children of the individual in violation of a court order providing for such support, although the individual is financially able to do so, then the court may order the a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-7-715
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 24-7-715. This identifies an authority to review, not proof of applicability.