Exemption of pension money and retirement or profit-sharing benefits from legal processes.
(1) Except as provided in subsection (2) of this section, any money or other assets payable to a participant or beneficiary from or any interest of any participant or beneficiary in, a retirement or profit-sharing plan that is qualified under sections 401(a), 403(a), 403(b), 408, 408A or 409 of the internal revenue code, as amended, is exempt from all claims of judgment creditors of the beneficiary or participant arising out of a negligent or otherwise wrongful act or omission of the beneficiary or participant resulting in monetary damages to the judgment creditor. The exemption provided by this subsection shall be in addition to that provided in this chapter.
(2) Any plan or arrangement described in subsection (1) of this section is not exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any alternate payee under a qualified domestic relations order is exempt from all claims of any creditor, other than the department of health and welfare, or the alternate payee. As used in this subsection, the terms "alternate payee" and "qualified domestic relations order" have the meanings ascribed to them in section 414(p) of the internal revenue code of 1986.
(3) The provisions of subsection (1) of this section apply to any proceeding that is filed on or after July 1, 1988.
Notes of Decisions
Cited in
3
cases, 2002–2017 · leading case:
In Re Oxford, 274 B.R. 887 (Bankr. D. Idaho 2002).
In Re Oxford, 274 B.R. 887 (Bankr. D. Idaho 2002).
· cites it 2× “Debtor therefore waived the exemptions he had asserted under Idaho Code §§ 55-1011 , 41-1836(l)(b), and 11-604(a).”
Gladwell v. Reinhart, 267 P.3d 895 (Utah 2011).
“017(e)(3) (West 2010); Idaho Code Ann. § 55-1011 (1) (2007); Kan Stat.”
In re Acarregui, 572 B.R. 247 (Bankr. D. Idaho 2017).
· cites it 2× “Earlier, Debtor had also claimed the accounts exempt pursuant to Idaho Code §§ 55-1011 and 11-207; she later amended her schedule C to claim an exemption solely under Idaho Code § 11 -604A, Compare Schedule C, Dkt.”
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