Section 43.23.065. Exemption of and levy on permanent fund dividends.

   (a) Except as provided in (b) of this section, 20 percent of the annual permanent fund dividend payable to an individual is exempt from levy, execution, garnishment, attachment, or any other remedy for the collection of debt. No other exemption applies to a dividend. Notwithstanding other laws, a writ of execution upon a dividend that has not been delivered to the debtor may be served on the commissioner by
        (1) certified mail, return receipt requested; or
        (2) a civilian process server licensed by the commissioner of public safety using electronic execution procedures, as provided under regulations adopted by the department.
   (b) An exemption is not available under this section for permanent fund dividends taken to satisfy
        (1) child support obligations required by court order or decision of the child support services agency under AS 25.27.140 - 25.27.220;
        (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, or AS 47.12.120(b)(4);
        (3) claims on defaulted education loans under AS 43.23.067;
        (4) court ordered fines;
        (5) writs of execution under AS 09.35 of a judgment that is entered
             (A) against a minor in a civil action to recover damages and court costs;
             (B) under AS 09.65.255 against the parent, parents, or legal guardian of an unemancipated minor;
        (6) a debt owed by an eligible individual to an agency of the state, including the University of Alaska, unless the debt is contested and an appeal is pending, or the time limit for filing an appeal has not expired;
        (7) a debt owed to a person for a program for the rehabilitation of perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), AS 25.20.061(3), or AS 33.16.150(f)(2);
        (8) a judgment for unpaid rent or damage owed to a landlord by an eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the meaning given in AS 34.03.360;
        (9) court-ordered forfeiture of an appearance or performance bond under AS 12.30.075.
   (c) Claims listed in (b) of this section have priority in the order listed over other claims on a permanent fund dividend whether payments are sought through legal actions for the collection of debts or through assignments from the debtor.
   (d) An assignment of or levy, execution, garnishment, attachment, or other remedy for the collection of debt applied to a dividend for a year may not be accepted by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution under (a) of this section or another court order, the commissioner shall deliver to the court that portion of the dividend executed upon along with the case name and number. At the time payment is made to the court, the department shall send to the individual at the address provided in the individual's dividend application and to the court that issued the writ or order a notice that contains
        (1) notification that all or part of the individual's dividend has been seized under a writ of execution or court order;
        (2) the name and address of the court that issued the writ or order;
        (3) the case number for which the writ or order was issued;
        (4) the amount seized under the writ or order; and
        (5) notification that the individual has 30 days from the date the notice is mailed in which to file with the court an objection to the seizure if a mistake has been made.

Authorities

9.38.015;12.55.041;28.35.030;28.35.032;43.23.021;43.23.071;43.23.072;47.05.080;47.12.155

Notes

Recent Bills that will modify this

HB 365 INCOME TAX; PERMANENT FUND TAX CREDIT
SB 117 INDIAN TRIBE CRIMINAL PROCEDURE

Implemented As

15 AAC 23.203
15 AAC 23.213
15 AAC 23.233

References

15 AAC 23.203
15 AAC 23.213
15 AAC 23.223
8 AAC 85.225
AS 9.38.015 .015">Sec. 09.38.015. Property exempt without limitation.
AS 12.55.041 Correctional facility surcharge.
AS 28.35.030 Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
AS 28.35.032 Refusal to submit to chemical test.
AS 43.23.021 Delayed payment of certain dividends.
AS 43.23.071 Fees for processing claims and assignments.
AS 43.23.072 Claims for amounts owed under the Alaska Employment Security Act.
AS 47.05.080 Recovery of overpayments.
AS 47.12.155 Parental or guardian accountability and participation.

History

(Sec. 1 ch 102 SLA 1982; am Sec. 1 ch 157 SLA 1984; am Sec. 1 ch 57 SLA 1985; am Sec. 67 ch 138 SLA 1986; am Sec. 3 ch 26 SLA 1989; am Sec. 3 ch 198 SLA 1990; am Sec. 3, 4 ch 52 SLA 1992; am Sec. 5 ch 113 SLA 1994; am Sec. 3 ch 34 SLA 1995; am Sec. 9 ch 59 SLA 1996; am Sec. 63 ch 64 SLA 1996; am Sec. 1 ch 89 SLA 1998; am Sec. 92 ch 21 SLA 2000; am Sec. 2 ch 43 SLA 2004; am Sec. 2, 3 ch 41 SLA 2008; am Sec. 2, 3 ch 79 SLA 2008; am Sec. 12 ch 27 SLA 2014; am Sec. 161 ch 36 SLA 2016)