Senate Committee Substitute

SCS/HCS/HB 1217 - This act provides that a person's right to a public retirement plan benefit shall not be transferable or assignable. Any moneys paid under a retirement plan shall not be subject to execution, attachment, levy, garnishment, or other legal process. Furthermore, a contract which unlawfully transfers or assigns a right to a plan benefit is void, and all monies paid by a pension assignee in violation of this act shall be returned as restitution.

All legal actions brought to enforce restitution must commence within five years after an individual unlawfully assigns the plan benefit.

When an individual or entity is engaging or about to engage in actions prohibited by this act, the attorney general may bring an enjoinment action. The Attorney General may also seek restitution on behalf of a benefit recipient or the beneficiaries.

JESSICA BAKER


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