2016 Nebraska Revised Statutes
Chapter 81 - STATE ADMINISTRATIVE DEPARTMENTS
81-2032 Retirement system; funds; exemption from legal process; exception.

81-2032. Retirement system; funds; exemption from legal process; exception.

All annuities or benefits which any person shall be entitled to receive under the Nebraska State Patrol Retirement Act shall not be subject to garnishment, attachment, levy, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever and shall not be assignable except to the extent that such annuities or benefits are subject to a qualified domestic relations order under the Spousal Pension Rights Act.

Source

• Laws 1947, c. 211, § 15, p. 692;
• Laws 1969, c. 511, § 11, p. 2098;
• R.S.1943, (1978), § 60-459;
• Laws 1986, LB 311, § 28;
• Laws 1989, LB 506, § 18;
• Laws 1994, LB 833, § 45;
• Laws 1995, LB 574, § 84;
• Laws 1996, LB 1273, § 29;
• Laws 2012, LB916, § 31;
• Laws 2015, LB40, § 13.

Cross References

• Spousal Pension Rights Act, see section 42-1101.

Annotations

• The amendment of anti-attachment statutes to allow a civil judgment to attach to the distributed retirement assets of State Patrol officers and other public employees who had committed six specified crimes constituted special legislation in violation of the Nebraska Constitution. The Legislature's attempt to create very limited exceptions to an absolute privilege from attachment of a public employee's retirement assets resulted in a law that benefited only a select group of victims and arbitrarily protected public employees who were convicted of comparably serious crimes, yet retained an absolute privilege from attachment of their retirement assets because their crimes were not included in the amendment. J.M. v. Hobbs, 288 Neb. 546, 849 N.W.2d 480 (2014).

• A benefit is a cash payment or service provided for under an annuity, pension plan, or insurance policy. J.M. v. Hobbs, 281 Neb. 539, 797 N.W.2d 227 (2011).

• An annuity is a fixed sum of money payable periodically. J.M. v. Hobbs, 281 Neb. 539, 797 N.W.2d 227 (2011).

• This section exempts annuities or benefits a person is entitled to receive under the Nebraska State Patrol Retirement Act from execution, even in the person's possession. J.M. v. Hobbs, 281 Neb. 539, 797 N.W.2d 227 (2011).