59-1317. RIGHTS TO BENEFITS INALIENABLE. (1) The right of a person to any benefits under this chapter and the money in any fund created by this chapter shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency law.
(2) Notwithstanding subsection (1) of this section, the benefits of a member or alternate payee shall be subject to garnishment, execution, or wage withholding under chapter 12, title 7, Idaho Code, for the enforcement of an order for the support of a minor child.
(3) Notwithstanding subsection (1) of this section, prior to July 1, 1998, should a court order direct distribution or partial distribution of a member benefit defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, be made to the member’s spouse or former spouse, that member’s full benefit entitlement will be forwarded to the court for distribution.
(4) Notwithstanding subsection (1) of this section, on or after July 1, 1998, should a court order direct distribution or partial distribution of a member’s benefit defined in either chapter 13, title 59, Idaho Code, or chapter 14, title 72, Idaho Code, be made to the member’s spouse or former spouse, the court order must be an approved domestic retirement order and shall comply with the requirements of sections 59-1319 and 59-1320, Idaho Code.
(5) Notwithstanding subsection (1) of this section, should a court order establish a trust pursuant to section 15-5-409, Idaho Code, the full benefit entitlement will be forwarded to the trustee, naming the trustee as payee.
History:
[(59-1317) 1963, ch. 349, Art. 7, sec. 1, p. 988; am. 1985, ch. 168, sec. 4, p. 448; am. 1986, ch. 221, sec. 5, p. 588; 1990, am. and redesignated, ch. 231, sec. 15, p. 625; am. 1996, ch. 102, sec. 1, p. 405; am. 1998, ch. 22, sec. 2, p. 134.]
Structure Idaho Code
Title 59 - PUBLIC OFFICERS IN GENERAL
Chapter 13 - PUBLIC EMPLOYEE RETIREMENT SYSTEM
Section 59-1302 - DEFINITIONS.
Section 59-1303 - POLICE OFFICER MEMBER STATUS.
Section 59-1304 - RETIREMENT BOARD — APPOINTMENT.
Section 59-1305 - POWERS AND DUTIES OF BOARD — INDEMNIFICATION.
Section 59-1305A - CRIMINAL HISTORY CHECKS.
Section 59-1306 - CONFORMITY WITH FEDERAL TAX CODE TO MAINTAIN QUALIFIED PLAN TAX STATUS.
Section 59-1307 - AGREEMENTS WITH OTHER RETIREMENT SYSTEMS.
Section 59-1309 - ALLOCATION OF EXTRAORDINARY GAINS.
Section 59-1312 - SELECTION OF FUNDING AGENT(S) — INVESTMENT OF ASSETS — TAX EXEMPTION.
Section 59-1313 - TRUST AGREEMENT — AMENDED TO COMPLY WITH THIS CHAPTER.
Section 59-1314 - RULES — PROCEDURES FOR HEARINGS PRIOR TO APPEALS — APPEALS.
Section 59-1316 - MEMBER’S RETIREMENT RECORDS CONFIDENTIAL.
Section 59-1317 - RIGHTS TO BENEFITS INALIENABLE.
Section 59-1318 - RIGHTS IN ASSETS OF SYSTEM LIMITED.
Section 59-1319 - APPROVED DOMESTIC RETIREMENT ORDERS — REQUIREMENTS.
Section 59-1320 - APPROVED DOMESTIC RETIREMENT ORDERS — APPLICATION AND EFFECT.
Section 59-1322 - EMPLOYER CONTRIBUTIONS — AMOUNTS — RATES — AMORTIZATION.
Section 59-1324 - TRANSFER OF MONEYS FROM STATE COMMUNITY COLLEGE ACCOUNT.
Section 59-1325 - EMPLOYER REMITTANCE TO BOARD — COLLECTION OF DELINQUENCIES.
Section 59-1327 - MAKING A FALSE CLAIM — MISDEMEANOR.
Section 59-1328 - ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH REPORTING REQUIREMENTS.
Section 59-1329 - BOARD REGULATIONS.
Section 59-1331 - CONTRIBUTIONS.
Section 59-1332 - PICK UP OF EMPLOYEE CONTRIBUTIONS.
Section 59-1333 - CONTRIBUTIONS FROM EMPLOYEES.
Section 59-1334 - CONTRIBUTIONS — FROM POLICEMEN AND FIREFIGHTERS.
Section 59-1335 - CONTRIBUTIONS — FROM SCHOOL EMPLOYEES.
Section 59-1341 - CONDITIONS OF ELIGIBILITY FOR SERVICE RETIREMENT.
Section 59-1342 - COMPUTATION OF SERVICE RETIREMENT ALLOWANCES — MINIMUM BENEFITS.
Section 59-1343 - CONVERSION AND COMMUTATION OF CERTAIN PAYMENTS.
Section 59-1344 - TIME FOR PAYMENT OF SERVICE RETIREMENT OR EARLY RETIREMENT.
Section 59-1345 - VESTED MEMBER ELIGIBLE FOR EARLY RETIREMENT.
Section 59-1346 - COMPUTATION OF EARLY RETIREMENT ALLOWANCES.
Section 59-1350 - DEFERRAL OF EARLY RETIREMENT.
Section 59-1352 - ELIGIBILITY FOR DISABILITY RETIREMENT.
Section 59-1352A - PUBLIC SAFETY OFFICER PERMANENT DISABILITY BENEFIT.
Section 59-1352B - PUBLIC SAFETY OFFICER CATASTROPHIC LINE OF DUTY BENEFITS.
Section 59-1353 - COMPUTATION OF DISABILITY RETIREMENT ALLOWANCES.
Section 59-1354 - TIME FOR PAYMENT OF DISABILITY RETIREMENT ALLOWANCE.
Section 59-1354A - MEMBERS RECEIVING A DISABILITY RETIREMENT RETURNING TO WORK.
Section 59-1355 - POSTRETIREMENT ALLOWANCE ADJUSTMENTS.
Section 59-1356 - REEMPLOYMENT OF RETIRED MEMBERS.
Section 59-1358 - COMPUTATION OF SEPARATION BENEFITS.
Section 59-1359 - SEPARATION BENEFITS.
Section 59-1360 - CESSATION OF MEMBERSHIP — REINSTATEMENT.
Section 59-1361 - COMPUTATION OF DEATH BENEFITS — METHOD OF PAYMENT — OPTIONAL DEATH BENEFIT.
Section 59-1361A - PUBLIC SAFETY OFFICER DEATH BENEFITS.
Section 59-1362 - PURCHASE OF ACTIVE DUTY SERVICE IN THE ARMED FORCES.
Section 59-1363 - PURCHASE OF MEMBERSHIP SERVICE.
Section 59-1365 - VOLUNTARY UNUSED SICK LEAVE POOL.
Section 59-1381 - MERGER OF CITY SYSTEMS INTO STATE EMPLOYEE SYSTEM — DEFINITIONS.
Section 59-1382 - CITY ORDINANCE ELECTING MERGER — CONTRACT WITH BOARD.
Section 59-1384 - BENEFITS NOT REDUCED.
Section 59-1391 - DEFINITIONS.
Section 59-1393 - CONTRIBUTIONS.
Section 59-1394 - EXCESS COSTS — ADDITIONAL CONTRIBUTIONS.
Section 59-1395 - MEMBERSHIP RIGHTS AND DUTIES.
Section 59-1396 - LIMIT ON SEPARATION BENEFIT.
Section 59-1397 - BENEFITS PAYABLE.
Section 59-1398 - MEMBERSHIP IN SOCIAL SECURITY.
Section 59-1399 - COOPERATION OF STATE INSURANCE FUND.
Section 59-1399A - DIVESTMENT OF CERTAIN ASSETS RELATED TO RUSSIA.