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AL HB503
Bill
Status
4/23/2019
Primary Sponsor
Steve McMillan
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AI Summary
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Amends Section 36-27-28, Code of Alabama 1975, to allow garnishment of state employee retirement benefits for child support and alimony payments, adding a new exception to the existing exemption from garnishment.
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Retirement benefits remain exempt from garnishment for criminal restitution only when the restitution amount is $1,000 or greater, the person is currently receiving Employees' Retirement System benefits, and the case is assigned to the district attorney's restitution recovery division.
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Limits garnishment for criminal obligations to no more than 25 percent of the retiree's or beneficiary's gross monthly benefit, less deductions for child support or dependent health insurance.
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Requires court orders for child support and alimony garnishment to specify the retiree's identifying information, obligation amounts, relevant case numbers, county, and payee details, with withholding subject to federal Consumer Credit Protection Act limits or state/tribal law limits, whichever is lesser.
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Takes effect on the first day of the third month following passage and approval by the Governor.
Legislative Description
State employee retirement benefits, subject to garnishment for child support and alimony, Sec. 36-27-28 am'd.
Employees' Retirement System
Last Action
Pending third reading on day 26 Favorable from State Government with 1 substitute
5/28/2019