2005 Idaho Code - 55-1011 — EXEMPTION OF PENSION MONEY AND RETIREMENT OR PROFIT-SHARING BENEFITS FROM LEGAL PROCESSES

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 10
                                  HOMESTEADS
    55-1011.  EXEMPTION OF PENSION MONEY AND RETIREMENT OR PROFIT-SHARING
BENEFITS FROM LEGAL PROCESSES. (1) Except as provided in subsection (2) of
this section, any money or other assets payable to a participant or
beneficiary from or any interest of any participant or beneficiary in, a
retirement or profit-sharing plan that is qualified under sections 401(a),
403(a), 403(b), 408, 408A or 409 of the internal revenue code, as amended, is
exempt from all claims of judgment creditors of the beneficiary or participant
arising out of a negligent or otherwise wrongful act or omission of the
beneficiary or participant resulting in monetary damages to the judgment
creditor. The exemption provided by this subsection shall be in addition to
that provided in this chapter.
    (2)  Any plan or arrangement described in subsection (1) of this section
is not exempt from the claims of an alternate payee under a qualified domestic
relations order. However, the interest of any alternate payee under a
qualified domestic relations order is exempt from all claims of any creditor,
other than the department of health and welfare, or the alternate payee. As
used in this subsection, the terms "alternate payee" and "qualified domestic
relations order" have the meanings ascribed to them in section 414(p) of the
internal revenue code of 1986.
    (3)  The provisions of subsection (1) of this section apply to any
proceeding that is filed on or after July 1, 1988.