2006 Utah Code - 49-11-612 — Nonassignability of benefits or payments -- Exemption from legal process.

     49-11-612.   Nonassignability of benefits or payments -- Exemption from legal process.
     (1) Except as provided in Subsections (2), (3), and (4), the right of any member, retiree, participant, or beneficiary to any retirement benefit, retirement payment, or any other retirement right accrued or accruing under this title and the assets of the funds created by this title are not subject to alienation or assignment by the member, retiree, participant, or their beneficiaries and are not subject to attachment, execution, garnishment, or any other legal or equitable process.
     (2) The office may, upon the request of the retiree, deduct from the retiree's allowance insurance premiums or other dues payable on behalf of the retiree, but only to those entities that have received the deductions prior to February 1, 2002.
     (3) (a) The office shall provide for the division of an allowance, defined contribution account, continuing monthly death benefit, or refund of member contributions upon termination to former spouses and family members under an order of a court of competent jurisdiction with respect to domestic relations matters on file with the office.
     (b) The court order shall specify the manner in which the allowance, defined contribution account, continuing monthly death benefit, or refund of member contributions shall be partitioned, whether as a fixed amount or as a percentage of the benefit.
     (c) Allowances, continuing monthly death benefits, and refunds of member contributions split under a domestic relations order are subject to the following:
     (i) the amount to be paid or the period for which payments shall be made under the original domestic relations order may not be altered if the alteration affects the actuarial calculation of the allowance;
     (ii) payments to an alternate payee shall begin at the time the member or beneficiary begins receiving payments; and
     (iii) the alternate payee shall receive payments in the same form as allowances received by the member or beneficiary.
     (d) A court order under this section may not be issued more than 12 months after the death of the member.
     (4) In accordance with federal law, the board may deduct the required amount from any benefit, payment, or other right accrued or accruing to any member of a system, plan, or program under this title to offset any amount that member owes to a system, plan, or program administered by the board.
     (5) The board shall make rules to implement this section.

Amended by Chapter 260, 2006 General Session