Section 14.25.200. Exemption from taxation and process.

   (a) Except as provided in AS 29.45.030(a)(1) or in (c) of this section, member contributions and other amounts held in the plan on behalf of a member or other person who is or may become eligible for benefits under the plan are exempt from Alaska state and municipal taxes and are not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge of any kind, either voluntary or involuntary, before they are received by the person entitled to the amount under the terms of the plan. Any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to amounts accrued in the plan is void. However, a member's right to receive benefits or the member contribution account may be assigned
        (1) under a qualified domestic relations order;
        (2) to a trust or similar legal device that meets the requirements for a Medicaid-qualifying trust under AS 47.07.020(f) and 42 U.S.C. 1396p(d)(4); or
        (3) as provided in (c) of this section.
   (b) Member contributions and other amounts held in the plan and benefits payable under AS 14.25.009 - 14.25.220 are exempt from garnishment, execution, or levy as provided in AS 09.38 (exemptions).
   (c) An inactive member may elect to have the taxable portion of the member contribution account transferred directly to another plan or an individual retirement arrangement that is qualified under the federal Internal Revenue Code and that accepts the transfer.

Notes

Implemented As

2 AAC 36.257

History

(Sec. 22 ch 145 SLA 1955; am Sec. 17 ch 89 SLA 1960; am Sec. 13 ch 84 SLA 1969; am Sec. 22 ch 13 SLA 1980; am Sec. 3 ch 62 SLA 1982; am Sec. 3 ch 82 SLA 1986; am Sec. 18 ch 117 SLA 1986; am Sec. 17 ch 106 SLA 1988; am Sec. 5 ch 31 SLA 1992; am Sec. 2 ch 102 SLA 1994; am Sec. 13, 14 ch 68 SLA 2000)