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§ 21-502. Benefits exempt from attachment; assignments

West's Annotated Code of MarylandState Personnel and PensionsEffective: January 9, 2019

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division II. Pensions [Titles 20-34] (Refs & Annos)
Title 21. State Retirement and Pension System
Subtitle 5. Benefit Administration (Refs & Annos)
Effective: January 9, 2019
MD Code, State Personnel and Pensions, § 21-502
§ 21-502. Benefits exempt from attachment; assignments
Currentness
Benefits exempt from attachments, executions, garnishments, or seizures
(a)(1) Except as provided in paragraph (2) of this subsection, a person may not attach, execute, garnish, or otherwise seize any current or future benefit under this Division II or any money in a fund created under this Division II.
(2) In accordance with regulations adopted by the Board of Trustees, a court of competent jurisdiction may expressly order that a benefit under this Division II be assigned in a decree or order of alimony, child support, or divorce, or in a court-approved property settlement incident to a court decree or order.
(3) A court of competent jurisdiction may expressly order that a benefit under this Division II be assigned to a spouse, former spouse, child, or other dependent when an order of benefit forfeiture is issued in accordance with § 21-704 of this title.
Assignments
(b) An assignment under this section only applies to benefits paid after the Board of Trustees receives:
(1) written notice of the court decree or order; and
(2) any additional information that the Board of Trustees requires.
Liability of Board of Trustees
(c) The Board of Trustees is not liable for an improper payment to a person because the Board of Trustees did not receive written notice of a court decree or order.

Credits

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 2016, c. 220, § 1, eff. Jan. 9, 2019.
Formerly Art. 73B, § 1-503.
MD Code, State Personnel and Pensions, § 21-502, MD ST PERS & PENS § 21-502
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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