Section 09.38.030. Exemption of earnings and liquid assets.

   (a) Except as provided in (b), (c), (f), and (h) of this section and AS 09.38.050, an individual debtor is entitled to an exemption of the individual debtor's weekly net earnings not to exceed $350. The weekly net earnings of an individual are determined by subtracting from the weekly gross earnings all sums required by law or court order to be withheld. The weekly net earnings of an individual paid on a monthly basis are determined by subtracting from the monthly gross earnings of the individual all sums required by law or court order to be withheld and dividing the remainder by 4.3. The weekly net earnings of an individual paid on a semi-monthly basis are determined by subtracting from the semi-monthly gross earnings all sums required by law or court order to be withheld and dividing the remainder by 2.17.
   (b) An individual who does not receive earnings either weekly, semi-monthly, or monthly is entitled to a maximum exemption for the aggregate value of cash and other liquid assets available in any month of $1,400, except as provided in (f) and (h) of this section and in AS 09.38.050. The term "liquid assets" includes deposits, securities, notes, drafts, accrued vacation pay, refunds, prepayments, and receivables, but does not include permanent fund dividends before or after receipt by the individual.
   (c) A creditor may levy upon earnings exempt under (a) and (b) of this section if the creditor's claim is
        (1) enforceable against exempt property under AS 09.38.065(a)(1) or (3); or
        (2) enforceable under an order of a court of bankruptcy under 11 U.S.C. 1301 - 1330 (Bankruptcy Reform Act of 1978).
   (d) If the individual debtor is a nonresident, the limitations on garnishment imposed under 15 U.S.C. 1673 apply.
   (e) The following property, unless exempt without limitation under AS 09.38.015 or 09.38.017, upon receipt by and while it is in the possession of the individual, shall be treated as earnings, income, cash, or other liquid assets under this section:
        (1) benefits paid by reason of disability, illness, or unemployment;
        (2) money or property received for alimony or separate maintenance;
        (3) proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury of the individual or of the wrongful death or bodily injury of another individual of whom the individual was or is a dependent;
        (4) proceeds or benefits paid or payable on the death of an insured, if the individual was the spouse or a dependent of the insured; and
        (5) amounts paid under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract, providing benefits by reason of age, illness, disability, or length of service.
   (f) The state may execute on a judgment awarded to the state or on a judgment of restitution on behalf of a victim of a crime or a delinquent act, and an officer or agent of the state or a state employee, or a former officer, agent, or employee of the state may execute on a judgment to that person against a party to an action who is incarcerated for a criminal conviction by sending a notice of levy to the correctional facility in which the person is incarcerated. All money in an incarcerated person's account at a correctional facility is available for disbursement under a notice of levy under this subsection, in the following order of priority:
        (1) to support the dependents of the incarcerated person and to provide child support payments as required by AS 25.27;
        (2) to satisfy restitution or fines ordered by a court to be paid by the incarcerated person;
        (3) to pay a civil judgment entered against the incarcerated person as a result of that person's criminal conduct;
        (4) to reimburse the state for an award made for violent crimes compensation under AS 18.67 as a result of the incarcerated person's criminal conduct;
        (5) to satisfy other judgments entered against a prisoner in litigation against the state; in this paragraph, "litigation against the state" has the meaning given in AS 09.19.100.
   (g) A creditor may levy upon earnings or liquid assets exempt under (a) or (b) of this section if the money is held outside a correctional facility and the claim is for court-ordered restitution to be paid by a prisoner to the creditor under a judgment for conviction of a crime or an adjudication of delinquency.
   (h) In this section,
        (1) "correctional facility" has the meaning given in AS 33.30.901;
        (2) "official detention" has the meaning given in AS 11.81.900(b);
        (3) "prisoner" means a person held under the authority of state or municipal law in official detention.

Authorities

9.38.050;33.30.201

Notes

References

8 AAC 95.030
AS 9.38.050 .050">Sec. 09.38.050. Increased exemption amount.
AS 33.30.201 Compensation of prison inmates; deductions; disbursement; liens.

History

(Sec. 2 ch 62 SLA 1982; am Sec. 36 ch 6 SLA 1984; am Sec. 6 - 8 ch 135 SLA 1988; am Sec. 2 ch 57 SLA 1991; am Sec. 2 ch 52 SLA 1992; am Sec. 2 - 4 ch 79 SLA 1995; am Sec. 3 - 6 ch 63 SLA 1997; am Sec. 3 ch 92 SLA 2001)