Minnesota Statutes

Minn. Stat. § 353.15 (2026)

Nonassignability And Exemption From Judicial Process

✓ current as of May 2026

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Subdivision 1.Exemption.

The provisions of section 356.401 apply to the general employees retirement plan, to the public employees police and fire retirement plan, and to the local government correctional service retirement plan.

Subd. 2.

[Repealed, 1Sp2005 c 8 art 10 s 81]

Subd. 3.Payment to public bodies.

If, in the judgment of the executive director, conditions so warrant, payment of an annuity, a retirement benefit, or a refund may be made to a public body in behalf of an annuitant, disabilitant, or survivor upon such terms as the executive director may prescribe.

Notes of Decisions

Cited in 6 cases, 1986–2003 · leading case: Marriage of Crace v. Crace, 396 N.W.2d 877 (Minn. Ct. App. 1986).

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Marriage of Crace v. Crace, 396 N.W.2d 877 (Minn. Ct. App. 1986). · cites it 8× “The 1983 statute, in effect at the time this action began, provides that: None of the moneys, annuities, or other benefits provided for in [Chapter 352B] shall be assignable either in law or in equity or be subject to execution, levy, attachment, garnishment, or other legal…”

Potucek v. City of Warren, 535 N.W.2d 333 (Minn. 1995). · cites it 8× “[3] By Minn.Stat. § 353.15, annuities are not assignable or subject to execution, levy, attachment, garnishment, or other legal process, with the exceptions provided in subdivision 2 of Minn.”

Walswick-Boutwell v. Boutwell, 663 N.W.2d 20 (Minn. Ct. App. 2003). · cites it 4× “Appellant asserts that because Minn. Stat. § 518.”

In Re MacK, 269 B.R. 392 (Bankr. D. Minn. 2001). “§ 353.15(2000) (same). Minnesota Statute section 501B.”

Lindquist v. Mack (In re Mack), 269 B.R. 392 (Bankr. D. Minn. 2001). · cites it 2× “071(2000) (same); Public Employees Retirement Association, Minn. Stat. § 353.15 (2000) (same). Minnesota Statute section 501B.”

Iannacone v. Lockhart (In Re Lockhart), 112 B.R. 962 (D. Minnesota 1988). · cites it 2× “Specifically, the bankruptcy court held that the debtors’ exemption of PERA pension entitlements under Minn.Stat. § 353.15 does not violate Article 12 § 1 of the Minnesota Constitution.”

— Minn. Stat. § 353.15(2000) — 1 case

In Re MacK, 269 B.R. 392 (Bankr. D. Minn. 2001). “§ 353.15(2000) (same). Minnesota Statute section 501B.”

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