Bill Text: AZ HB2053 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: CORP; assignments
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2012-01-04 - Prefiled [HB2053 Detail]
Download: Arizona-2012-HB2053-Introduced.html
PREFILED JAN 04 2012
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REFERENCE TITLE: CORP; assignments |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2053 |
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Introduced by Representative Robson
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AN ACT
amending section 38‑897, Arizona Revised Statutes; relating to the corrections officer retirement plan.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-897, Arizona Revised Statutes, is amended to read:
38-897. Assignments prohibited; liability of fund
A. The right of an individual to a pension, to a refund of accumulated member contributions, to the pension itself or to any other right accrued or accruing to any individual, and the monies and assets of the retirement plan, are not subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or other process of law except a qualified domestic relations order and are unassignable except as may be otherwise specifically provided.
B. Any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right provided in subsection A is void. The fund is not liable in any manner for or subject to the debts, contracts, liabilities, engagements or torts of any person entitled to these rights.
C. This section does not exempt employee benefits of any kind from a writ of attachment, a writ of execution, a writ of garnishment and orders of assignment issued by a court of record as the result of a judgment for arrearages of child support or for child support debt.
D. A person who defrauds the plan or who takes, converts, steals or embezzles monies owned by or from the plan and who fails or refuses to return the monies to the plan on the board's written request is subject to civil suit by the plan in the superior court in Maricopa county. On entry of an order finding the person has defrauded the plan or taken, converted, stolen or embezzled monies owned by or from the plan, the court shall enter an order against that person and for the plan awarding the plan all of its costs and expenses of any kind, including attorney fees, that were necessary to successfully prosecute the action. The court shall also grant the plan a judicial lien on all of the nonexempt property of the person against whom judgment is entered pursuant to this subsection in an amount equal to all amounts awarded to the plan, plus interest at the rate prescribed by section 44‑1201, until all amounts owed are paid to the plan.
E. Notwithstanding any other provision of this article, the board may offset against any benefits otherwise payable by the plan to an active or retired member or survivor any court ordered amounts awarded to the board and plan and assessed against the member or survivor.
