Maine Revised Statutes Title 4 Sec. 1203 – Legal process and assignment
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The right of a person to a retirement allowance, the retirement allowance itself, the refund of a person’s accumulated contributions, any death benefit, any other right accrued or accruing to a person under this chapter and the money in the various funds created by this chapter are not subject to execution, garnishment, attachment or any other process and are unassignable except that: [PL 1991, c. 746, §2 (RPR); PL 1991, c. 746, §10 (AFF).]
1. Retirement allowance available for child support. A member‘s retirement allowance is available to satisfy a child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process;
[PL 1991, c. 746, §2 (NEW); PL 1991, c. 746, §10 (AFF).]
Terms Used In Maine Revised Statutes Title 4 Sec. 1203
- Accumulated contributions: means the sum of all the amounts credited to a member's individual account, together with regular interest thereon. See Maine Revised Statutes Title 4 Sec. 1201
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Dependent: A person dependent for support upon another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Member: means a judge who is included in the membership of the Maine Judicial Retirement System as provided in section 1301. See Maine Revised Statutes Title 4 Sec. 1201
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Retirement: means the termination of membership service with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 4 Sec. 1201
- Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 4 Sec. 1201
2. Accumulated contributions available for child support. A member’s accumulated contributions that are refundable under sections 1305?A and 1305?B are available to satisfy a child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process;
[PL 2011, c. 606, §5 (AMD).]
3. Qualified domestic relations order. The rights and benefits of a member or retiree under this chapter are subject to the rights of or assignment to an alternate payee, as defined in Title 5, section 17001, subsection 3?B, under a qualified domestic relations order in accordance with Title 5, section 17059; and
[PL 2011, c. 606, §6 (AMD).]
4. Forfeiture and restitution. The rights and benefits of a member or retiree under this chapter are subject to forfeiture or assignment to the member’s spouse, dependent or former spouse in accordance with the provisions of Title 5, section 17062.
[PL 2011, c. 606, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 853, §§C15,18 (NEW). PL 1983, c. 863, §§B11,B45 (AMD). PL 1991, c. 746, §2 (RPR). PL 1991, c. 746, §10 (AFF). PL 2007, c. 137, §5 (AMD). PL 2011, c. 606, §§5-7 (AMD).