60-2308. Pension and retirement money exempt, exception; family postsecondary education savings account money exempt, exception; support money held by SRS exempt.
60-2308
60-2308. Pension and retirement money exempt,exception; family postsecondary education savings account money exempt,exception; support moneyheld by SRS exempt.(a) Money received by any debtor as pensioner of theUnited States withinthree months next preceding the issuing of an execution, or attachment, orgarnishment process,cannot be applied to the payment of the debts of such pensioner when it appearsby the affidavitof the debtor or otherwise that such pension money is necessary for themaintenance of the debtor'ssupport or a family support wholly or in part by the pension money. The filingof the affidavit bythe debtor, or making proof as provided in this section, shall be primafacie evidence of thenecessity of such pension money for such support. It shall be the duty of thecourt in which suchproceeding is pending to release all moneys held by such attachment orgarnishment process,immediately upon the filing of such affidavit, or the making of such proof.
(b) Except as provided in subsection (c), any money or other assets payableto a participantor beneficiary from, or any interest of any participant or beneficiary in, aretirement plan which isqualified under sections 401(a), 403(a), 403(b), 408, 408A or 409 of thefederal internal revenuecode of 1986 and amendments thereto shall be exempt from any and all claims ofcreditors of thebeneficiary or participant. Any such plan shall be conclusively presumed to bea spendthrift trustunder these statutes and the common law of the state.
(c) Any plan or arrangement described in subsection (b) shall not be exemptfrom theclaims of an alternate payee under a qualified domestic relations order.However, the interest ofany and all alternate payees under a qualified domestic relations order shallbe exempt from anyand all claims of any creditor, other than the state department of social andrehabilitation services,of the alternate payee. As used in this subsection, the terms "alternate payee"and "qualifieddomestic relations order" have the meaning ascribed to them in section 414(p)of the federalinternal revenue code of 1986 and amendments thereto.
(d) The provisions of subsections (b) and (c) shall apply to any proceedingwhich: (1) Isfiled on or after July 1, 1986; or (2) was filed on or after January 1, 1986,and is pending or onappeal July 1, 1986.
(e) Money held by the central unit for collection and disbursement of supportpaymentsdesignated pursuant to K.S.A. 23-4,118, and amendments thereto, the statedepartment of social and rehabilitation services, any clerk of a district courtor any district courttrustee in connectionwith a court order for the support of any person, whether the money isidentified as childsupport, spousal support, alimony or maintenance, shall be exempt fromexecution, attachment orgarnishment process.
(f) (1) The provisions of this subsection shall apply to any proceedingwhich:
(A) Is filed on or after January 1, 2002; or
(B) was filed prior to January 1, 2002, and is pending on or on appeal afterJanuary 1, 2002.
(2) Except as provided by paragraphs (3) and (4) of this subsection,if the designated beneficiary ofa familypostsecondary education savings account established pursuant toK.S.A. 2005 Supp.75-640 et seq., and amendments thereto,is a lineal descendant of theaccount owner, all moneys in theaccount shall be exempt from any claims of creditors ofthe account owner or designated beneficiary.
(3) The provisions of paragraph (2) of this subsection shall not apply to:
(A) Claims of any creditor of an account owner, as to amounts contributedwithin a one-year period preceding the date of the filing of a bankruptcypetition under 11 USC section 101 et seq.; or
(B) claims of any creditor of an account owner, as to amounts contributedwithin a one-year period preceding an execution on judgment for such claimsagainst the account owner.
(4) The provisions of paragraph (2) of this subsection shall not apply to:
(A) Claims of any creditor of an account owner, as to amounts exceeding$5,000 contributed within a period of time which is more than one year but lessthan two years preceding the date of the filing of a bankruptcy petition under11 USC section 101 et seq.; or
(B) claims of any creditor of an account owner, as to amounts exceeding$5,000 contributed within a period of time which is more than one year but lessthan two years preceding an execution on judgment for such claims against theaccount owner.
History: L. 1963, ch. 303, 60-2308;L. 1980, ch. 176, § 5;L. 1986, ch. 220, § 1;L. 1992, ch. 312, § 40;L. 1999, ch. 80, § 1;L. 2001, ch. 195, § 8;L. 2002, ch. 104, § 1; May 23.