North Dakota Code 52-06-30 – Assignment of benefits prohibited – Benefits exempt from remedies for collection of debt – Exception
1. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under the North Dakota unemployment compensation law is valid. Such rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of a debt. Benefits received by any individual, as long as they are not mingled with other funds of the recipient, are exempt from any remedy for the collection of all debts except debts incurred for necessaries furnished to the individual, that person‘s spouse, or dependents during the time when the individual was unemployed. No waiver of any exemption provided for in this subsection is valid. However, this subsection does not impair the operation of subsection 2 or section 52-06-06.1 or the continuous levy authorized under Public Law No. 105-34, section 1024 [111 Stat. 923-924; 26 U.S.C. § 6331(h)].
Terms Used In North Dakota Code 52-06-30
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. An individual filing a new claim for unemployment compensation benefits, at the time of filing the claim, must be advised that:
a. Unemployment compensation is subject to federal income tax and state income tax; b. Requirements exist pertaining to estimated federal and state tax payments; c. The individual may elect to have federal income tax deducted and withheld from the individual’s payment of unemployment compensation benefits at the amount specified in the federal Internal Revenue Code; d. The individual, having elected to have federal income tax withheld, may also elect to have state income tax deducted and withheld from the individual’s payment of unemployment compensation at a rate determined by the tax commissioner pursuant to section 57-38-59; and
e. The individual is permitted to change a previously elected withholding status.
Amounts deducted and withheld from unemployment compensation must remain in the unemployment fund until transferred to the federal and state taxing authority as payment of income tax. The bureau shall follow all procedures specified by the United States department of labor, the federal internal revenue service, and the tax commissioner pertaining to the deducting and withholding of income tax. Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or any other amounts required to be deducted and withheld under this chapter.