Pa. Cons. Stat. » 24 Pa. Cons. Stat. (EDUCATION) / Chapter 85
Pennsylvania Consolidated Statutes

24 Pa. Cons. Stat. § 8533 (2026)

 Taxation, attachment and assignment of funds.

✓ current as of May 2026
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§ 8533.  Taxation, attachment and assignment of funds.

(a)  General rule.--Except as provided in subsections (b), (c) and (d), the right of a person to a member's annuity, a State annuity, or retirement allowance, to the return of contributions, any benefit or right accrued or accruing to any person under the provisions of this part, and the moneys in the fund and the trust are hereby exempt from any State or municipal tax, levy and sale, garnishment, attachment, the provisions of Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, or any other process whatsoever, and shall be unassignable.

(a.1)  Individual investment accounts and distributions.--No participant or beneficiary, successor payee or alternate payee of a participant shall have the ability to commute, sell, assign, alienate, anticipate, mortgage, pledge, hypothecate, commutate or otherwise transfer or convey any benefit or interest in an individual investment account or rights to receive or direct distributions under this part or under agreements entered into under this part except as otherwise provided in this part and in the case of either a member or a participant.

(b)  Forfeiture.--

(1)  Rights under this part shall be subject to forfeiture as provided by the act of July 8, 1978 (P.L.752, No.140), known as the Public Employee Pension Forfeiture Act. Forfeitures under this subsection or under any other provision of law may not be applied to increase the benefits that any member would otherwise receive under this part.

(2)  In accordance with section 16(b) of Article V of the Constitution of Pennsylvania and notwithstanding paragraph (1), the Public Employee Pension Forfeiture Act or 42 Pa.C.S. § 3352 (relating to pension rights), the accumulated mandatory participant contributions and accumulated voluntary contributions standing to the credit of a participant shall not be forfeited but shall be available for payment of fines and restitution as provided by law. Amounts in the trust that have been ordered to be distributed to an alternate payee as the result of an equitable distribution of marital property as part of an approved domestic relations order entered before the date of the order or action in a court or other tribunal resulting in a forfeiture of a participant's interest in the trust shall not be subject to the Public Employee Pension Forfeiture Act or 42 Pa.C.S. § 3352. Any accumulated employer defined contributions forfeited as a result of this subsection or other law shall be retained by the board and used for the payment of expenses of the plan.

(c)  Domestic relations order.--Rights under this part shall be subject to attachment in favor of an alternate payee as set forth in an approved domestic relations order.

(d)  Direct rollover.--Effective with distributions made on or after January 1, 1993, and notwithstanding any other provision of this part to the contrary, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan by way of a direct rollover. For purposes of this subsection, a "distributee" includes a member, a participant, a member's surviving spouse, a participant's surviving spouse, a member's former spouse who is an alternate payee under an approved domestic relations order, a participant's former spouse who is an alternate payee under an approved domestic relations order and anyone else authorized under the IRC and the plan terms approved by the board to have an eligible rollover distribution paid directly to an eligible retirement plan by way of a direct rollover. For purposes of this subsection, the term "eligible rollover distribution" has the meaning given such term by IRC § 402(f)(2)(A) and "eligible retirement plan" has the meaning given such term by IRC § 402(c)(8)(B), except that a qualified trust shall be considered an eligible retirement plan only if it accepts the distributee's eligible rollover distribution; however, in the case of an eligible rollover distribution to a surviving spouse, an eligible retirement plan is an "individual retirement account" or an "individual retirement annuity" as those terms are defined in IRC § 408(a) and (b).

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Apr. 29, 1994, P.L.159, No.29; Dec. 20, 1995, P.L.689, No.77, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)

 

2017 Amendment.  Act 5 amended subsecs. (a), (b) and (d) and added subsec. (a.1).

Cross References.  Section 8533 is referred to in section  8409 of this title; section 8124 of Title 42 (Judiciary and Judicial Procedure).

Notes of Decisions
Cited in 9 cases, 1978–2000 · leading case: Graham v. Graham, 578 A.2d 459 (Pa. 1990).
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Graham v. Graham, 578 A.2d 459 (Pa. 1990). · cites it 6× “He cites 24 Pa.C.S. § 8533 1 for the proposition that his pension may not be attached and presumably asserts that an offset should be made elsewhere.”
Millick v. Millick, 592 A.2d 788 (Pa. Commw. Ct. 1991). · cites it 6× “In its replies to Wife's counsel and to the Domestic Relations Office, the Retirement System consistently stated that it was not going to comply with the trial court's order to withhold payment because it believed that Section 8533 of the Public School Employees' Retirement…”
In Re Barsotti, 7 B.R. 205 (Bankr. W.D. Pa. 1980). “(b) Retirement funds and accounts — The following money or other property of the judgment debtor shall be exempt from attachment or execution on a judgment: (1) Certain amounts payable under the Public School Employees’ Retirement Code as provided by 24 Pa.C.S. § 8533 (relating…”
Finberg v. Sullivan, 634 F.2d 50 (3rd Cir. 1980). “-The following money or other property of the judgment debtor shall be exempt from attachment or execution on a judgment: (1) Certain amounts payable under the Public School Employees’ Retirement Code as provided by 24 Pa.C.S. § 8533 .... (2) Certain amounts payable under the…”
Kirsop v. Pub. Sch. Employes' Ret. Bd., 747 A.2d 966 (Pa. Commw. Ct. 2000). · cites it 3× “Specifically, the Board relies on Section 8533(c) of the Code, 24 Pa.C.S. § 8533(c), which states that “Mights under this part shall be subject to attachment in favor of an alternate payee as set forth in an approved domestic relations order.”
Grieve v. Mankey, 679 A.2d 814 (Pa. Super. Ct. 1996). “husband contends that the legislature’s intent was clear in its all-inclusive statement in 24 Pa.C.S. § 8533 that the pensions are “exempt from levy and sale, garnishment, attachment or any other process whatsoever.”
Williamson v. Denson (In Re Williamson), 11 B.R. 791 (Bankr. W.D. Pa. 1981). “*795 (b) Retirement funds and accounts — The following money or other property of the judgment debtor shall be exempt from attachment or execution on a judgment: (1) Certain amounts payable under the Public School Employees’ Retirement Code as provided by 24 Pa.C.S. § 8533…”
Blake ex rel. Blake v. Kline, 462 F. Supp. 825 (E.D. Pa. 1978). “The SERB, on the other hand, is comprised of seven members, including the State Treasurer.”
Commonwealth v. Bonnor, 33 Pa. D. & C.3d 124 (1984). “” 24 Pa.C.S. §8533(a). This language clearly prohibits attachment of annuity or retirement funds.”
— 24 Pa. Cons. Stat. § 8533(a) — 2 cases
Millick v. Millick, 592 A.2d 788 (Pa. Commw. Ct. 1991). “In its replies to Wife's counsel and to the Domestic Relations Office, the Retirement System consistently stated that it was not going to comply with the trial court's order to withhold payment because it believed that Section 8533 of the Public School Employees' Retirement…”
Commonwealth v. Bonnor, 33 Pa. D. & C.3d 124 (1984). “” 24 Pa.C.S. §8533(a). This language clearly prohibits attachment of annuity or retirement funds.”
— 24 Pa. Cons. Stat. § 8533(c) — 1 case
Kirsop v. Pub. Sch. Employes' Ret. Bd., 747 A.2d 966 (Pa. Commw. Ct. 2000). “Specifically, the Board relies on Section 8533(c) of the Code, 24 Pa.C.S. § 8533(c), which states that “Mights under this part shall be subject to attachment in favor of an alternate payee as set forth in an approved domestic relations order.”
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