Pension funds exempt, not individual pension payments.

- Law exempted from garnishment all pension funds for policemen and municipal employees, irrespective of their source or intended beneficiaries, but it is the funds, rather than the individual pension payments, that are exempt from garnishment. Cooper v. City of Atlanta Policemen's Pension Fund, 147 Ga. App. 633, 249 S.E.2d 684 (1978).

When funds or benefits exempt.

- O.C.G.A. § 18-4-22 means that funds or benefits from a pension or retirement program are exempt from the process of garnishment until such funds or benefits are in the hands of the member or beneficiary of the program. Davis v. Davis, 161 Ga. App. 722, 288 S.E.2d 748 (1982).

Chapter 7 bankruptcy.

- Debtor's Individual Retirement Account (IRA) would be excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) on the basis of the restriction on transfer by garnishment contained in subsection (a) of O.C.G.A. § 18-4-22, notwithstanding that the transfer restriction was contained only in the Georgia statute and was not contained within the IRA document itself and notwithstanding that the debtor had access to the IRA funds for personal use upon payment of a 10% penalty tax. Meehan v. Wallace, 102 F.3d 1209 (11th Cir. 1997).

Federal preemption.

- Twenty-five percent of the defendant ERISA beneficiary's benefit payment was subject to garnishment by the defendant judgment creditor under a continuing garnishment pursuant to O.C.G.A. § 18-4-22(a) because the ERISA Plan was a Top Hat Plan, which was not subject to the ERISA anti-alienation provision, 29 U.S.C. § 1056. AFLAC Inc. v. Diaz-Verson, F. Supp. 2d (M.D. Ga. May 25, 2012).

Benefits not actually received not subject to garnishment.

- Retirement benefits paid into registry of trial court by garnishee were not subject to garnishment because the defendant had never received actual possession of the benefits. Birchfield v. Birchfield, 165 Ga. App. 101, 299 S.E.2d 409 (1983).

Individual retirement accounts.

- Federal law preempts O.C.G.A. § 18-4-22 and mandates a finding that individual retirement accounts possessed by the garnishees are exempt from garnishment by commercial creditors in a nonbankruptcy situation. Citizens Bank v. Shingler, 173 Ga. App. 511, 326 S.E.2d 861 (1985) (decided prior to 1990 amendment specifically exempting individual retirement account funds or benefits).

Chapter 7 debtor's Roth individual retirement account (IRA) was not excluded from the property of the estate because O.C.G.A. § 18-4-22(a) applied only to an IRA within the meaning of 26 U.S.C. § 408 and Georgia law provided no similar protection for a Roth IRA established under 26 U.S.C. § 408A. Goodman v. Bramlette (In re Bramlette), 333 Bankr. 911 (Bankr. N.D. Ga. 2005).

Annuity.

- O.C.G.A. § 44-13-100 specifically addresses what types of annuities and similar contracts are exempt in bankruptcy cases. Therefore, the debtor's attempt to exempt the annuity under O.C.G.A. §§ 18-4-22 and 47-2-332 would have failed even if the annuity met the requirements of those statutes (which appeared not to be the case in any event). In re Sheffield, 507 Bankr. 400 (Bankr. S.D. Ga. 2014).

Cited in Goddard v. Boozer, 160 Ga. App. 303, 287 S.E.2d 308 (1981).

ALR.

- Who is "employee" within debt exemption statute, 58 A.L.R. 777.

Debtor's exemption (other than homestead) as applicable in favor of nonresidents or of residents absent or about to remove from the state, 119 A.L.R. 554.

Employee retirement pension benefits as exempt from garnishment, attachment, levy, execution, or similar proceedings, 93 A.L.R.3d 711.

Enforcement of claim for alimony or support, or for attorneys' fees and costs incurred in connection therewith, against exemptions, 52 A.L.R. 5th 221.

Individual retirement accounts as exempt property in bankruptcy, 133 A.L.R. Fed. 1.