House Bill 4311e1

                                          HB 4311, First Engrossed



  1                      A bill to be entitled

  2         An act relating to debtors and creditors;

  3         amending s. 222.21, F.S.; providing an

  4         exemption from legal process; providing an

  5         effective date.

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  7  Be It Enacted by the Legislature of the State of Florida:

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  9         Section 1.  Section 222.21, Florida Statutes, is

10  amended to read:

11         222.21  Exemption of pension money and retirement or

12  profit-sharing benefits from legal processes.--

13         (1)  Money received by any debtor as pensioner of the

14  United States within 3 months next preceding the issuing of an

15  execution, attachment, or garnishment process may not be

16  applied to the payment of the debts of the pensioner when it

17  is made to appear by the affidavit of the debtor or otherwise

18  that the pension money is necessary for the maintenance of the

19  debtor's support or a family supported wholly or in part by

20  the pension money. The filing of the affidavit by the debtor,

21  or the making of such proof by the debtor, is prima facie

22  evidence; and it is the duty of the court in which the

23  proceeding is pending to release all pension moneys held by

24  such attachment or garnishment process, immediately, upon the

25  filing of such affidavit or the making of such proof.

26         (2)(a)  Except as provided in paragraph (b), any money

27  or other assets payable to a participant or beneficiary from,

28  or any interest of any participant or beneficiary in, a

29  retirement or profit-sharing plan that is qualified under s.

30  401(a), s. 403(a), s. 403(b), s. 408, s. 408A, or s. 409 of

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CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4311, First Engrossed



  1  the Internal Revenue Code of 1986, as amended, is exempt from

  2  all claims of creditors of the beneficiary or participant.

  3         (b)  Any plan or arrangement described in paragraph (a)

  4  is not exempt from the claims of an alternate payee under a

  5  qualified domestic relations order.  However, the interest of

  6  any alternate payee under a qualified domestic relations order

  7  is exempt from all claims of any creditor, other than the

  8  Department of Health and Rehabilitative Services, of the

  9  alternate payee. As used in this paragraph, the terms

10  "alternate payee" and "qualified domestic relations order"

11  have the meanings ascribed to them in s. 414(p) of the

12  Internal Revenue Code of 1986.

13         (c)  The provisions of paragraphs (a) and (b) apply to

14  any proceeding that is filed on or after October 1, 1987.

15         Section 2.  This act shall take effect October 1, 1998.

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