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House Journal: Page 943: Thursday, March 23, 2000

On motion by Martin of Scott the committee amendment H-8404
was adopted.

Frevert of Palo Alto offered the following amendment H-8403 filed
by her and moved its adoption:


1 Amend Senate File 2411, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 17, by inserting after line 18 the
4 following:
5 "Sec. . Section 97B.39, Code 1999, is amended
6 to read as follows:
9 The right of any person to any future payment under
10 this chapter is not transferable or assignable, at law
11 or in equity, and the moneys paid or payable or rights
12 existing under this chapter are not subject to
13 execution, levy, attachment, garnishment, or other
14 legal process, or to the operation of any bankruptcy
15 or insolvency law except for the purposes of enforcing
16 child, spousal, or medical support obligations or
17 marital property orders. For the purposes of
18 enforcing child, spousal, or medical support
19 obligations, the garnishment or attachment of or the
20 execution against compensation due a person under this
21 chapter shall not exceed the amount specified in 15
22 U.S.C. 1673(b). The department shall comply with
23 the provisions of a marital property order requiring
24 the selection of a particular benefit option,
25 designated beneficiary, or contingent annuitant if the
26 selection is otherwise authorized by this chapter and
27 the member has not received payment of the member's
28 first retirement allowance. However, a marital
29 property order shall not require the payment of
30 benefits to an alternative payee prior to the member's
31 retirement, prior to the date the member elects to
32 receive a lump sum distribution of accumulated
33 contributions pursuant to section 97B.53, or in an
34 amount that exceeds the benefits the member would
35 otherwise be eligible to receive pursuant to this
36 chapter. In addition, a valid marital property order
37 for the purposes of this section shall provide for the
38 payment of an amount from the member, once the member
39 retires, based upon a percentage of the benefit the
40 member would be eligible to receive as of the date of
41 the order if the member retired as of that date."
42 2. By renumbering as necessary.

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