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42 Pa.C.S.A. § 8127
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 81. Judgments and Other Liens (Refs & Annos)
Subchapter B. Exemptions from Execution (Refs & Annos)
§ 8127. Personal earnings exempt from process
(a) General rule and exceptions.--The wages, salaries and commissions of individuals shall while in the hands of the employer be exempt from any attachment, execution or other process except upon an action or proceeding:
(1) Under 23 Pa.C.S. Pt. IV (relating to divorce).
(2) For support.
(3) For board for four weeks or less.
(3.1) For amounts awarded to a judgment creditor- landlord arising out of a residential lease upon which the court has rendered judgment which is final. However, the amount subject to attachment shall have deducted from it any security deposit held by the judgment creditor-landlord and forfeited by the judgment debtor-tenant under section 511.1 of the act of April 6, 1951 (P.L. 69, No. 20), [FN1] known as The Landlord and Tenant Act of 1951, unless the security deposit has been applied to payment of rent due on the same premises for which the judgment for attachment has been entered. The judgment creditor-landlord shall have the burden of proving that such security deposit has been applied to payment of rent due on the premises herein described. The sum attached shall be no more than 10% of the net wages per pay period of the judgment debtor-tenant or a sum not to place the debtor's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. For the purposes of this paragraph, "net wages" shall mean all wages paid less only the following items:
(i) Federal, State and local income taxes.
(ii) F.I.C.A. payments and nonvoluntary retirement payments.
(iii) Union dues.
(iv) Health insurance premiums.
(3.2) In the case of wage attachment arising out of a residential lease, to implement the wage attachment, the judgment creditor-landlord shall comply with the Pennsylvania Rules of Civil Procedure and any applicable local rules. The judgment of the magisterial district judge, magistrate or any other court having jurisdiction over landlord and tenant matters or a judgment before the court of common pleas shall reflect that portion of the judgment which is for physical damages arising out of a residential lease.
(4) Under the act of August 7, 1963 (P.L. 549, No. 290), [FN2] referred to as the Pennsylvania Higher Education Assistance Agency Act.
(5) For restitution to crime victims, costs, fines or bail judgments pursuant to an order entered by a court in a criminal proceeding.
(b) Priority.--An order of attachment for support shall have priority over any other attachment, execution, garnishment or wage assignment.
(c) Duty of employer.--
(1) For any wage attachment arising out of a residential lease, the employer shall send the attached wages to the prothonotary of the court of common pleas within 15 days from the close of the last pay period in each month. The employer shall be entitled to deduct from the moneys collected from each employee the costs incurred from the extra bookkeeping necessary to record such transactions, not exceeding $5 of the amount of money so collected. If an employer is served with more than one attachment arising out of a residential lease against the same judgment debtor, then the attachments shall be satisfied in the order in which they were served. Each prior attachment shall be satisfied before any effect is given to a subsequent attachment, subject to subsection (a)(3.2). Upon receipt of the wages, the prothonotary of the court of common pleas shall record and send said wages to the judgment creditor-landlord.
(2) For any wage attachment not arising out of a residential lease, the employer shall send the attached withheld wages to the prothonotary of the court of common pleas to be recorded, and upon receipt, the wages shall be sent to the creditor.
(d) Duty of judgment creditor-landlord.--
(1) Any judgment creditor-landlord who has received satisfaction of any judgment pursuant to this section shall enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.
(2) A judgment creditor-landlord who shall fail or refuse for more than 30 days after receiving satisfaction to comply with paragraph (1) shall pay to the judgment debtor-tenant as liquidated damages 1% of the original amount of the judgment for each day of delinquency beyond such 30 days but not more than 50% of the original amount of the judgment. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.
(e) Prohibition against discharge.--The employer shall not take any adverse action against any individual solely because his wages, salaries or commissions have been attached.
(f) Victim of abuse.--This section shall not apply and no wage attachment shall be issued against an abused person or victim, as defined in 23 Pa.C.S. § 6102 (relating to definitions), for physical damages related to residential leases when said person has obtained a civil protection order pursuant to 23 Pa.C.S. § 6101 et seq. (relating to protection from abuse), or has obtained a protective order pursuant to 18 Pa.C.S. § 4954 (relating to protective orders), or is a victim-witness as defined by 18 Pa.C.S. § 4951 (relating to definitions), in a criminal proceeding against a family or household member, as defined in 23 Pa.C.S. § 6102, and it is determined by the court that the physical damages were caused by the family or household member.
(g) Application of section.--This section shall apply to all judgments which remain unsatisfied or arise on or after the effective date of this subsection.
(h) Definition.--For purposes of this section, "physical damages" shall mean the abuse of the physical makeup of the leasehold premises. The term shall include, but not be limited to, the abuse of walls, floors, ceilings or any other physical makeup of the leasehold premises.
CREDIT(S)
1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978. Amended 1978, April 28, P.L. 202, No. 53, § 10(95), effective June 27, 1978; 1982, Dec. 20, P.L. 1409, No. 326, art. II, § 201, effective in 60 days; 1990, Dec. 19, P.L. 1240, No. 206, § 4, effective in 90 days; 1996, Feb. 23, P.L. 13, No. 5, § 1, imd. effective; 1998, June 18, P.L. 640, No. 84, § 4, effective in 120 days; 2002, Dec. 9, P.L. 1705, No. 215, § 4.1, imd. effective; 2004, Nov. 30, P.L. 1618, No. 207, § 18, effective in 60 days [Jan. 31, 2005].
[FN1] 68 P.S. § 250.511a.
[FN2] 24 P.S. § 5101 et seq.
BAR ASSOCIATION COMMENT--1976
2007 Main Volume
Source: Derived from act of May 23, 1887 (P.L. 164), § 1 (12 P.S. § 2175) and act of June 7, 1915 (P.L. 866), § 1 (12 P.S. § 2176).
BAR ASSOCIATION COMMENT--1978
2007 Main Volume
Derived from act of April 15, 1845 (P.L. 459, No. 303), § 5 (42 P.S. § 886), act of June 7, 1907 (P.L. 429, No. 293), § 3 (12 P.S. § 1005), and act of July 13, 1953 (P.L. 431, No. 95), § 9 (62 P.S. § 2043.39).
HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Act 1998-84 legislation
Act 1998-84 added subsec. (a)(5).
Act 2002-215 legislation
Act 2002-215, § 4.1, in subsec. (a)(3.1), substituted "For amounts awarded" for "For damages awarded"; in subsec. (a)(3.2), substituted "attachment arising" for "attachment for damages arising" and "for physical damages" for "for damages"; in subsec. (c)(1), substituted "attachment arising" for "attachment for damages arising" and "attachment arising out of a residential lease" for "attachment for damages arising out of a residential lease"; in subsec. (c)(2), substituted "attachment not arising" for "attachment other than for damages arising"; in subsec. (f), inserted "physical" preceding "damages" in two places; and in subsec. (h), substituted " 'physical damages' shall mean" for " 'damages' shall mean" and substituted "The term" for "Damages".
Act 2004-207 legislation
Act 2004-207, § 18, amended the section to reflect the redesignation of district justices as magisterial district judges.
Prior Laws:
1810, March 20, P.L. 208, 5 Sm.L. 161, § 9 (42 P.S. § 861).
1845, April 15, P.L. 459, § 5 (42 P.S. § 886).
1876, May 8, P.L. 139, § 1 (42 P.S. § 621).
1885, June 24, P.L. 158, § 1.
1887, May 23, P.L. 164, § 1 (12 P.S. § 2175).
1905, April 10, P.L. 134, § 1.
1907, June 7, P.L. 429, § 3 (12 P.S. § 1005).
1913, May 1, P.L. 132, §§ 1, 2 (42 P.S. §§ 621, 622).
1915, June 7, P.L. 866, § 1 (12 P.S. § 2176).
1956, May 29, P.L. (1955) 1852, § 1.
42 Pa.C.S.A. § 8127, PA ST 42 Pa.C.S.A. § 8127
§ 8123. General monetary exemption.
(a) General rule.--In addition to any other property
specifically exempted by this subchapter, property of the
judgment debtor (including bank notes, money, securities, real
property, judgments or other indebtedness due the judgment
debtor) to the value of $300 shall be exempt from attachment or
execution on a judgment. Within such time as may be prescribed
by general rules the judgment debtor may claim the exemption in
kind and may designate the specific items of property to which
the exemption provided by this section shall be applicable
unless the designated property is not capable of appropriate
division, or the judgment debtor may claim the exemption in cash
out of the proceeds of the sale.
(b) Exception.--Subsection (a) shall not apply to any
judgment:
(1) For support.
(2) Debtor who is not an individual.
(3) Obtained for board for four weeks or less.
(4) For $100 or less obtained for wages for manual
labor.
(5) Obtained in foreclosing a mortgage secured upon real
property whether the judgment is by an action in mortgage
foreclosure or an action on a note, bond or other evidence of
indebtedness accompanying a mortgage. The exception to the
general monetary exemption provided for in this paragraph
shall be limited to the real property secured by the
mortgage. The exception shall not apply to any deficiency
judgment.
(c) Executions issued by minor judiciary.--As to executions
issued by the minor judiciary the amount of the exemption
specified in subsection (a) shall be reduced by the value of any
real or personal property of the judgment debtor which is
generally subject to attachment or execution but which by law is
not subject to attachments or executions issued by the minor
judiciary.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 8, 1979,
P.L.42, No.14, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff.
60 days)
1982 Amendment. Act 326 amended subsecs. (a) and (c).
1979 Amendment. Act 14 amended subsecs. (a) and (b). Section
2 of Act 14 provided that Act 14 shall be retroactive to June
27, 1978, and further provided that all amounts heretofore
collected by officers enforcing orders under 42 Pa.C.S. § 8123
as purported monetary exemptions in mortgage foreclosure actions
shall be refunded forthwith to the party entitled thereto.
Cross References. Section 8123 is referred to in sections
3315, 4315, 5315 of Title 68 (Real and Personal Property).
Section: Previous 7901 8101 8102 8103 8104 8121 8122 8123 8124 8125 8126 8127 8128 8141 8142
§ 8124. Exemption of particular property.
(a) Goods.--The following personal property of the judgment
debtor shall be exempt from attachment or execution on a
judgment:
(1) Wearing apparel.
(2) Bibles and school books.
(3) Sewing machines belonging to seamstresses or used
and owned by private families, but not including sewing
machines kept for sale or hire.
(4) Uniforms and accoutrements as provided by 51 Pa.C.S.
§ 4103 (relating to exemption of uniforms and equipment).
(b) Retirement funds and accounts.--
(1) Except as provided in paragraph (2), the following
money or other property of the judgment debtor shall be
exempt from attachment or execution on a judgment:
(i) Certain amounts payable under the Public School
Employees' Retirement Code as provided by 24 Pa.C.S. §
8533 (relating to taxation, attachment and assignment of
funds).
(ii) Certain amounts payable under the State
Employees' Retirement Code as provided by 71 Pa.C.S. §
5953 (relating to taxation, attachment and assignment of
funds).
(iii) The retirement allowance provided for in the
act of May 24, 1893 (P.L.129, No.82).
(iv) Compensation or pension provided for in the act
of May 20, 1915 (P.L.566, No.242).
(v) Compensation or pension provided for in the act
of May 28, 1915 (P.L.596, No.259).
(vi) The retirement allowance, contributions and
returned contributions under the act of February 1, 1974
(P.L.34, No.15), known as the "Pennsylvania Municipal
Retirement Law."
(vii) Any pension or annuity, whether by way of a
gratuity or otherwise, granted or paid by any private
corporation or employer to a retired employee under a
plan or contract which provides that the pension or
annuity shall not be assignable.
(viii) Any retirement or annuity fund of any self-
employed person (to the extent of payments thereto made
while solvent, but not exceeding the amount actually
excluded or deducted as retirement funding for Federal
income tax purposes) and the appreciation thereon, the
income therefrom and the benefits or annuity payable
thereunder.
(ix) Any retirement or annuity fund provided for
under section 401(a), 403(a) and (b), 408, 408A, 409 or
530 of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 401(a), 403(a) and (b), 408, 408A, 409
or 530), the appreciation thereon, the income therefrom,
the benefits or annuity payable thereunder and transfers
and rollovers between such funds. This subparagraph shall
not apply to:
(A) Amounts contributed by the debtor to the
retirement or annuity fund within one year before the
debtor filed for bankruptcy. This shall not include
amounts directly rolled over from other funds which
are exempt from attachment under this subparagraph.
(B) Amounts contributed by the debtor to the
retirement or annuity fund in excess of $15,000
within a one-year period. This shall not include
amounts directly rolled over from other funds which
are exempt from attachment under this subparagraph.
(C) Amounts deemed to be fraudulent conveyances.
(2) The exemptions provided by paragraph (1)(i) through
(vi) shall be subject to any inconsistent provision of the
act of July 8, 1978 (P.L.752, No.140), known as the "Public
Employee Pension Forfeiture Act."
(c) Insurance proceeds.--The following property or other
rights of the judgment debtor shall be exempt from attachment or
execution on a judgment:
(1) Certain amounts paid, provided or rendered by a
fraternal benefit society as provided by 40 Pa.C.S. § 6531
(relating to benefits not attachable).
(2) Claims and compensation payments under the act of
June 2, 1915 (P.L.736, No.338), known as "The Pennsylvania
Workmen's Compensation Law," except as otherwise provided in
the act.
(3) Any policy or contract of insurance or annuity
issued to a solvent insured who is the beneficiary thereof,
except any part thereof exceeding an income or return of $100
per month.
(4) Any amount of proceeds retained by the insurer at
maturity or otherwise under the terms of an annuity or policy
of life insurance if the policy or a supplemental agreement
provides that such proceeds and the income therefrom shall
not be assignable.
(5) Any policy of group insurance or the proceeds
thereof.
(6) The net amount payable under any annuity contract or
policy of life insurance made for the benefit of or assigned
to the spouse, children or dependent relative of the insured,
whether or not the right to change the named beneficiary is
reserved by or permitted to the insured. The preceding
sentence shall not be applicable to the extent the judgment
debtor is such spouse, child or other relative.
(7) The net amount payable under any accident or
disability insurance.
(8) Certain amounts paid, provided or rendered by a
fraternal benefit society as provided by section 305 of the
act of July 29, 1977 (P.L.105, No.38), known as the
"Fraternal Benefit Society Code."
(9) Certain amounts paid, provided or rendered under the
provisions of section 106(f) of the act of July 19, 1974
(P.L.489, No.176), known as the "Pennsylvania No-fault Motor
Vehicle Insurance Act."
(10) Certain amounts paid, provided or rendered under
the provisions of section 703 of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
"Unemployment Compensation Law."
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,
P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326,
eff. 60 days; Oct. 12, 1990, P.L.531, No.128, eff. 60 days; Feb.
18, 1998, P.L.170, No.26, eff. imd.; Dec. 20, 2000, P.L.742,
No.105, eff. 60 days)
2000 Amendment. Act 105 amended subsec. (b)(1)(ix).
1982 Amendment. Act 326 added subsec. (c)(9) and (10).
1980 Amendment. Act 142 reenacted and amended subsec. (b),
retroactive to the effective date of the act of July 8, 1978
(P.L.752, No.140), known as the Public Employee Pension
Forfeiture Act, and added subsec. (c)(8). Section 210(d) of Act
142 provided that, notwithstanding 1 Pa.C.S. § 1957 (relating to
ineffective provisions not revived by reenactment in amendatory
statutes), it is hereby declared to be the intent of (the
amendment affecting subsec. (b)) to restore such provisions to
their status prior to the partial repeal effected by section 5
of the Public Employee Pension Forfeiture Act except as
otherwise expressly provided by such provisions as reenacted and
amended hereby.
1984 Partial Repeal. Section 8 of the act of February 12,
1984 (P.L.26, No.11), relating to motor vehicle financial
responsibility, repealed section 8124(c)(9) insofar as it is
inconsistent with Act 11.
References in Text. The act of July 19, 1974 (P.L.489,
No.176), known as the Pennsylvania No-fault Motor Vehicle
Insurance Act, referred to in subsec. (c)(9), was repealed by
the act of February 12, 1984 (P.L.26, No.11). The subject matter
is now contained in Chapter 17 of Title 75 (Vehicles).
Section 305 of the act of July 29, 1977 (P.L.105, No.38),
known as the Fraternal Benefit Society Code, referred to in
subsec. (c)(8), is repealed. The subject matter is now contained
in section 403 of the act of December 14, 1992 (P.L.835,
No.134), known as the Fraternal Benefit Societies Code.
Section 6531 of Title 40 (Insurance), referred to in subsec.
(c)(1), is repealed. The subject matter is now contained in
section 403 of the act of December 14, 1992 (P.L.835, No.134),
known as the Fraternal Benefit Societies Code.
The short title of the act of June 2, 1915 (P.L.736, No.338),
known as The Pennsylvania Workmen's Compensation Act, referred
to in subsec. (c)(2), was amended by the act of July 2, 1993
(P.L.190, No.44). The amended short title is now the Workers'
Compensation Act.
Section: Previous 8101 8102 8103 8104 8121 8122 8123 8124 8125 8126 8127 8128 8141 8142 8143 Next
77 P.S. § 621
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 77 P.S. Workers' Compensation (Refs & Annos)
Chapter 5. Liability and Compensation (Refs & Annos)
Compensation and Payment
Preference Against Assets of Employer
§ 621. Preference right of compensation against assets of employer; prohibition of assignment
The right of compensation granted by this article of this act [FN1] shall have the same preference (without limit of amount) against the assets of an employer, liable for such compensation, as is now or may hereafter be allowed by law for a claim for unpaid wages for labor: Provided, however, That no claim for compensation shall have priority over any judgment, mortgage, or conveyance of land recorded prior to the filing of the petition, award, or agreement as to compensation in the office of the prothonotary of the county in which the land is situated. Claims for payments due under this article of this act and compensation payments made by virtue thereof shall not be assignable.
CREDIT(S)
1915, June 2, P.L. 736, art. III, § 318. Reenacted by 1937, June 4, P.L. 1552, § 1; 1939, June 21, P.L. 520, § 1. Amended 1959, Dec. 28, P.L. 2034, § 3, effective Jan. 30, 1960. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [995], effective June 27, 1978.
[FN1] 77 P.S. § 411 et seq.
HISTORICAL AND STATUTORY NOTES
2002 Main Volume
Act 1978-53 legislation
The 1978 amendment deleted "and (except as provided in section three hundred and nineteen of article three and section five hundred and one of article five hereof) shall be exempt from all claims of creditors, and from levy execution, or attachment, which exemption may not be waived" at the end of the last sentence.
77 P.S. § 621, PA ST 77 P.S. § 621
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
43 P.S. § 863
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 43 P.S. Labor (Refs & Annos)
Chapter 14. Unemployment Compensation (Refs & Annos)
Article VII. Protection of Rights and Compensation
§ 863. No assignment of compensation; exemptions
No assignment, pledge, or encumbrance of any right to compensation which is or may become due or payable under this act shall be valid, and such rights to compensation shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt. Compensation payments received by an employe, so long as they are not mingled with other funds of the employe, shall be exempt from any remedy whatsoever for the collection of all debts, except debts incurred for necessaries furnished to such individual or his spouse or dependents during the time when such individual was unemployed. No waiver of any exemption provided for in this section shall be valid: Provided, however, That upon receipt of notification, the department shall forward to the Department of Public Assistance benefit checks equal to amount of public assistance paid to an individual for necessaries furnished such individual or his spouse or dependents during the time when such individual was unemployed.
CREDIT(S)
1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. VII, § 703. As amended 1953, July 28, P.L. 688, § 1.
HISTORICAL AND STATUTORY NOTES
1991 Main Volume
The 1953 amendment added the proviso at the end of the section providing for the forwarding of benefit checks to the Department of Public Assistance.
43 P.S. § 863, PA ST 43 P.S. § 863
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
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END OF DOCUMENT
51 P.S. § 20012
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 51 P.S. Military Affairs
Veterans ' Compensation Act (Refs & Annos)
§ 20012. Exemption from attachment, etc.; assignments to veterans' organizations
No sum payable under this act to a veteran, or to any other person under this act, shall be subject to attachment, levy, or seizure under any legal or equitable process, and shall be exempt from all state taxation. No right to compensation under the provisions of this act shall be assignable, except as hereinafter provided, or serve as a security for any loan. Any assignment or loan made in violation of the provisions of this section shall be held void: Provided, however, That assignments to any group or organization of veterans , incorporated or unincorporated, or to any nonprofit corporation heretofore formed solely for aiding disabled or incapacitated veterans , and assignments to the State Veterans ' Commission, shall be valid. The State Veterans ' Commission is hereby authorized to accept such assignments , which shall be treated as confidential, and the funds realized from such assignments shall be expended by said commission solely for the aid of needy veterans and their families. Except as in this section provided, the Adjutant General shall not direct the payment, nor shall payment be made, under this act, to any person other than a veteran, or the representatives of a veteran, as in this act provided.
CREDIT(S)
1933, Sp.Sess., Jan. 5, 1934, P.L. 223, § 12.
SAVED FROM REPEAL
<See note under § 20001 of this title.>
HISTORICAL AND STATUTORY NOTES
1976 Main Volume
This section was transferred from 51 P.S. § 443-12, in 1976.
51 P.S. § 20012, PA ST 51 P.S. § 20012
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
51 P.S. § 20098
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 51 P.S. Military Affairs
Korean Conflict Veterans ' Compensation (Refs & Annos)
§ 20098. Exemption from attachment, etc.
No sum payable under this act to a veteran or to any other person under this act shall be subject to attachment, levy or seizure under any legal or equitable process, and shall be exempt from all State taxation. No right to compensation under the provisions of this act shall be assignable, except as hereinafter provided, or serve as a security for any loan. Any assignment or loan made in violation of the provisions of this section be held void. Assignments to any group or organization of veterans , incorporated or unincorporated, or to any nonprofit corporation heretofore formed, solely for aiding disabled or incapacitated veterans and assignments to the State Veterans ' Commission shall be valid. The State Veterans ' Commission is hereby authorized to accept the assignments which shall be treated as confidential, and the funds realized from them shall be expended by the commission solely for the aid of needy veterans and their families. Except as in this section provided, the Adjutant General shall not direct the payment nor shall payment be made under this act to any person other than a veteran or the representatives of a veteran, as in this act provided.
CREDIT(S)
1957, July 8, P.L. 569, § 8.
SAVED FROM REPEAL
<See note under § 20091 of this title.>
HISTORICAL AND STATUTORY NOTES
1976 Main Volume
This section was transferred from 51 P.S. § 458.8, in 1976.
51 P.S. § 20098, PA ST 51 P.S. § 20098
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
51 P.S. § 20127
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 51 P.S. Military Affairs
Vietnam Conflict Veterans ' Compensation Act (Refs & Annos)
§ 20127. Exemption from attachment, etc.
No sum payable under this act to a veteran or to any other person under this act shall be subject to attachment, levy or seizure under any legal or equitable process, and shall be exempt from all State taxation. No right to compensation under the provisions of this act shall be assignable, except as hereinafter provided, or serve as a security for any loan. Any assignment or loan made in violation of the provisions of this section shall be held void. Assignments to any group or organization of veterans , incorporated or unincorporated, or to any nonprofit corporation heretofore formed, solely for aiding disabled or incapacitated veterans and assignments to the State Veterans ' Commission shall be valid. The State Veterans ' Commission is hereby authorized to accept the assignments which shall be treated as confidential, and the funds realized from them shall be expended by the commission solely for the aid of needy veterans and their families. Except as in this section provided, the Adjutant General shall not direct the payment nor shall payment be made under this act to any person other than a veteran or the representatives of a veteran, as in this act provided.
CREDIT(S)
1968, July 18, P.L. 405, No. 183, § 7.
SAVED FROM REPEAL
<See note under § 20121 of this title.>
HISTORICAL AND STATUTORY NOTES
1976 Main Volume
This section was transferred from 51 P.S. § 459.7, in 1976.
51 P.S. § 20127, PA ST 51 P.S. § 20127
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
51 P.S. § 20048
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 51 P.S. Military Affairs
World War II Veterans Compensation (Refs & Annos)
§ 20048. Exemption from attachment, etc.
No sum payable under this act to a veteran, or to any other person under this act, shall be subject to attachment, levy or seizure under any legal or equitable process and shall be exempt from all State taxation. No right to compensation under the provisions of this act shall be assignable, except as hereinafter provided or serve as a security for any loan. Any assignment or loan made in violation of the provisions of this section shall be held void: Provided, That assignments to any group or organization of veterans , incorporated or unincorporated, or to any nonprofit corporation, heretofore formed solely for aiding disabled or incapacitated veterans and assignments to the State Veterans ' Commission shall be valid. The State Veterans ' Commission is hereby authorized to accept such assignments , which shall be treated as confidential, and the funds realized from such assignments shall be expended by said commission solely for the aid of needy veterans and their families. Except as in this section provided, the Adjutant General shall not direct the payment, nor shall payment be made, under this act to any person other than a veteran or the representatives of a veteran as in this act provided.
CREDIT(S)
1947, June 11, P.L. 565, § 8.
SAVED FROM REPEAL
<See note under § 20041 of this title.>
HISTORICAL AND STATUTORY NOTES
1976 Main Volume
This section was transferred from 51 P.S. 455.8, in 1976.
51 P.S. § 20048, PA ST 51 P.S. § 20048
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
51 P.S. § 20098
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 51 P.S. Military Affairs
Korean Conflict Veterans ' Compensation (Refs & Annos)
§ 20098. Exemption from attachment, etc.
No sum payable under this act to a veteran or to any other person under this act shall be subject to attachment, levy or seizure under any legal or equitable process, and shall be exempt from all State taxation. No right to compensation under the provisions of this act shall be assignable, except as hereinafter provided, or serve as a security for any loan. Any assignment or loan made in violation of the provisions of this section be held void. Assignments to any group or organization of veterans , incorporated or unincorporated, or to any nonprofit corporation heretofore formed, solely for aiding disabled or incapacitated veterans and assignments to the State Veterans ' Commission shall be valid. The State Veterans ' Commission is hereby authorized to accept the assignments which shall be treated as confidential, and the funds realized from them shall be expended by the commission solely for the aid of needy veterans and their families. Except as in this section provided, the Adjutant General shall not direct the payment nor shall payment be made under this act to any person other than a veteran or the representatives of a veteran, as in this act provided.
CREDIT(S)
1957, July 8, P.L. 569, § 8.
SAVED FROM REPEAL
<See note under § 20091 of this title.>
HISTORICAL AND STATUTORY NOTES
1976 Main Volume
This section was transferred from 51 P.S. § 458.8, in 1976.
51 P.S. § 20098, PA ST 51 P.S. § 20098
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
51 Pa.C.S.A. § 4103
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 51 Pa.C.S.A. Military Affairs (Refs & Annos)
Part II. Pennsylvania National Guard, Pennsylvania Guard and Militia
Subpart D. Rights and Immunities
Chapter 41. Rights and Immunities
§ 4103. Exemption of uniforms and equipment
The uniform and accoutrements of every commissioned officer and enlisted person shall be free from all suits, distresses, executions or sales for debt or payments of taxes.
CREDIT(S)
1975, Aug. 1, P.L. 233, No. 92, § 1, eff. Jan. 1, 1976. Amended 1978, Oct. 4, P.L. 909, No. 173, § 5, effective in 60 days.
E.R.A. IMPLEMENTATION COMMENT
2008 Electronic Update
Drafters of the new Military Code informed our project that the remaining sex-based language in four sections of the code [§§ 3301, 3501, 4103, and 7108] was a simple oversight. Our changes use the same language that was adopted for the rest of the code.
RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES
<Rule 482 (Pa.R.C.P.M.D.J. No. 482) provides that Acts of Assembly providing immunity or exemption of property from execution shall not be deemed suspended or affected, e.g., Act of May 27, 1949, P.L. 1903, § 840 (former 51 P.S. § 1-840, now this section).>
HISTORICAL AND STATUTORY NOTES
2008 Electronic Update
1978 Amendment: Substituted "person" for "man".
1976 Main Volume
Prior Laws:
1949, May 27, P.L. 1903, § 840 (51 P.S. § 1-840).
51 Pa.C.S.A. § 4103, PA ST 51 Pa.C.S.A. § 4103
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
42 Pa.C.S.A. § 8125
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 81. Judgments and Other Liens (Refs & Annos)
Subchapter B. Exemptions from Execution (Refs & Annos)
§ 8125. Tangible personal property exhibited at international exhibitions
Tangible personal property on exhibition or deposited by exhibitors at any international exhibition held under the auspices of the Federal Government shall be exempt from distress, attachment, levy, sale or any other seizure for any cause whatsoever in the hands of the authorities of such exhibition or otherwise.
CREDIT(S)
1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978.
BAR ASSOCIATION COMMENT
2007 Main Volume
Source: Substantially a reenactment of act of April 20, 1876 (P.L. 43), § 1 (12 P.S. § 2174).
HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Prior Laws:
1876, April 20, P.L. 43, § 1 (12 P.S. § 2174).
42 Pa.C.S.A. § 8125, PA ST 42 Pa.C.S.A. § 8125
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
39 P.S. § 102
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 39 P.S. Insolvency and Assignments (Refs & Annos)
Chapter 1. Assignments and Insolvency Proceedings
Act of 1901 and Later Acts
Powers and Duties of Assignee or Receiver
§ 102. Exemption of after-acquired estate from execution
Whenever a majority in number and value of the creditors of an insolvent, who has made a voluntary assignment for the benefit of his creditors, shall consent in writing thereto, it shall be lawful for the court, upon application of such debtor, and notice thereof given to all undischarged creditors, in the manner hereinbefore provided for giving notice of the meeting of creditors, to make an order that the estate and effects which such insolvent may afterwards acquire shall be exempted, for the term of seven years thereafter, from execution, for any debt contracted or cause of action existing previously to such assignment, and if, after such order and consent, any execution shall be issued for such debt or cause of action, it shall be the duty of any judge of the court from which such execution issued to set aside the same, with costs.
CREDIT(S)
1901, June 4, P.L. 404, § 35.
39 P.S. § 102, PA ST 39 P.S. § 102
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
16 P.S. § 4716
§ 4716. Contribution or retirement allowance not subject to levy, attachment or assignment; suspension of retirement allowances; ineligibility
Effective: [See Text Amendments]
16 P.S. § 4716
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 16 P.S. Counties (Refs & Annos)
Chapter 2. Second Class County Code (Refs & Annos)
Article XVII. Employes' Retirement System (Refs & Annos)
§ 4716. Contribution or retirement allowance not subject to levy, attachment or assignment; suspension of retirement allowances; ineligibility
No contribution, retirement allowance or service increment shall be subject to levy, sale, execution, attachment, garnishment, or any other process whatsoever, and shall not be subject to assignment or transfer. Said retirement allowance and service increment shall be exempt from any State tax or tax of any political subdivision.
CREDIT(S)
1953, July 28, P.L. 723, art. XVII, § 1716. Amended 1955, May 31, P.L. 111, § 1; 1970, Dec. 10, P.L. 919, No. 291, § 7. Affected 1967, Dec. 13, P.L. 722, § 1.
REPEALED IN PART
<Section 2104 of Act 1989, July 6, P.L. 169, No. 32 (35 P.S. § 6021.2104), a provision of the Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101 to 6021.2104), repealed the Act of July 28, 1953, P.L. 723, No. 230, the Second Class County Code (16 P.S. § 3101 et seq.), insofar as it is inconsistent with the Storage Tank and Spill Prevention Act. However, section 2102 of Act 1989, July 6, P.L. 169, No. 32 (35 P.S. § 6021.2102) provides that the Act of July 28, 1953, P.L. 723, No. 230, is saved from repeal "to the extent that it provides authority for the regulation and prevention of fire or explosive hazards at above-ground or underground storage tanks.">
HISTORICAL AND STATUTORY NOTES
2001 Main Volume
Former subsections (b), (c) were repealed by Act 1967, Dec. 13, P.L. 722, § 1.
Prior Laws:
1937, March 31, P.L. 191, § 12.
1933, May 22, P.L. 840, § 1.
1929, May 2, P.L. 1278, art. III, § 326.
1919, May 8, P.L. 138, § 16.
16 P.S. § 4716, PA ST 16 P.S. § 4716
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
53 P.S. § 13445
§ 13445. Pension exempt from attachment or execution and nontransferable
Effective: January 31, 2005
53 P.S. § 13445
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part II. Cities of the First Class (Refs & Annos)
Chapter 34. Public Officers and Employees
Article IV. Pensions (Refs & Annos)
§ 13445. Pension exempt from attachment or execution and nontransferable
The compensation or pension herein mentioned shall be payable only to the beneficiary designated in this act, and shall not be subject to assignment or transfer.
CREDIT(S)
1915, May 20, P.L. 566, § 12. Affected 1978, April 28, P.L. 202, No. 53, § 2(a)[991], effective June 27, 1978.
REPEAL IN PART
<Section 2(a) of 2004, Nov. 30, P.L. 1427, No. 184, effective Jan. 31, 2005, provides that "[t]he act of May 20, 1915 (P.L. 566, No. 242) ___ is repealed to the extent that it would act to deny any benefit, including pension payments, service-connected death benefits or service-connected health care benefits to any surviving spouse of any police officer or police employee, including police pensioners and employees of the police division, as a result of the remarriage or subsequent marriage of the surviving spouse.">
53 P.S. § 13445, PA ST 53 P.S. § 13445
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
53 P.S. § 23572
§ 23572. Pension exempt from attachment or execution; not subject to assignment
Effective: [See Text Amendments]
Term Best Section
53 P.S. § 23572
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part III. Cities of the Second Class
Chapter 56. Employees
Article V. Pensions in General (Refs & Annos)
§ 23572. Pension exempt from attachment or execution ; not subject to assignment
The compensation or pension herein mentioned shall be payable only to the beneficiary designated by this act, and shall not be subject to assignment or transfer.
CREDIT(S)
1915, May 28, P.L. 596, § 12. Affected 1978, April 28, P.L. 202, No. 53, § 2(a)[992], effective June 27, 1978.
53 P.S. § 23572, PA ST 53 P.S. § 23572
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
53 P.S. § 39351
§ 39351. Funds payable to be free of attachment
Effective: [See Text Amendments]
Term Best Section
53 P.S. § 39351
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part V. Cities of the Third Class (Refs & Annos)
Chapter 81. Third Class City Code (Refs & Annos)
Article XLIII. Pensions
(c) Pension Funds for Employes Other Than Policemen and City-Paid Firemen (Refs & Annos)
§ 39351. Funds payable to be free of attachment
The compensation or pension herein mentioned shall not be subject to attachment or execution, and shall be payable only to the beneficiary designated, and shall not be subject to assignment or transfer.
CREDIT(S)
1931, June 23, P.L. 932, art. XLIII, § 4351; 1951, June 28, P.L. 662, § 43.
HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Prior Laws:
1927, April 13, P.L. 196, § 12.
53 P.S. § 39351, PA ST 53 P.S. § 39351
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
53 P.S. § 39383
§ 39383. Exemption from attachment or execution; nonassignability
Effective: [See Text Amendments]
Term Best Section
53 P.S. § 39383
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part V. Cities of the Third Class (Refs & Annos)
Chapter 81. Third Class City Code (Refs & Annos)
Article XLIII-a. Optional Retirement System for Officers and Employes (Refs & Annos)
§ 39383. Exemption from attachment or execution; nonassignability
The compensation, herein mentioned, shall not be subject to attachment or execution , and shall be payable only to the beneficiary designated by this act, [FN1] and shall not be subject to assignment or transfer.
CREDIT(S)
1945, May 23, P.L. 903, § 13.
[FN1] Sections 39371 to 39384 of this title.
53 P.S. § 39383, PA ST 53 P.S. § 39383
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
71 Pa.C.S.A. § 5953
§ 5953. Taxation, attachment and assignment of funds
Effective: [See Text Amendments]
Term Best Section
71 Pa.C.S.A. § 5953
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 71 Pa.C.S.A. State Government (Refs & Annos)
Part XXV. Retirement for State Employees and Officers (Refs & Annos)
Chapter 59. Administration, Funds, Accounts, General Provisions
Subchapter E. General Provisions (Refs & Annos)
§ 5953. Taxation, attachment and assignment of funds
(a) General rule.--
(1) Except as provided in paragraphs (2), (3) and (4), the right of a person to any benefit or right accrued or accruing under the provisions of this part and the moneys in the fund are hereby exempt from any State or municipal tax, levy and sale, garnishment, attachment , spouse's election, or any other process whatsoever except for a set-off by the Commonwealth in the case provided in subparagraph (i), and shall be unassignable except:
(i) To the Commonwealth in the case of a member who is terminating State service and has been determined to be obligated to the Commonwealth for the repayment of money owed on account of his employment or to the fund on account of a loan from a credit union which has been satisfied by the board from the fund.
(ii) To a credit union as security for a loan not to exceed $750 and interest not to exceed 6% per annum discounted and/or fines thereon if the credit union is now or hereafter organized and incorporated under the laws of this Commonwealth and the membership of such credit union is limited solely to officials and employees of the Commonwealth and if such credit union has paid to the fund $3 for each such assignment .
(2) Rights under this part shall be subject to forfeiture as provided by the act of July 8, 1978 (P.L. 752, No. 140), known as the Public Employee Pension Forfeiture Act, [FN1] and by or pursuant to section 16(b) of Article V of the Constitution of Pennsylvania. Forfeitures under this subsection or under any other provision of law may not be applied to increase the benefits that any member would otherwise receive under this part.
(3) Rights under this part shall be subject to attachment in favor of an alternate payee as set forth in an approved domestic relations order.
(4) Effective with distributions made on or after January 1, 1993, and notwithstanding any other provision of this part to the contrary, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan by way of a direct rollover. For purposes of this paragraph, a "distributee" includes a member and a member's surviving spouse and a member's former spouse who is an alternate payee under an approved domestic relations order. For purposes of this paragraph, the term "eligible rollover distribution" has the meaning given such term by IRC § 402(f)(2)(A), and "eligible retirement plan" has the meaning given such term by IRC § 402(c)(8)(B), except that a qualified trust shall be considered an eligible retirement plan only if it accepts the distributee's eligible rollover distribution; however, in the case of an eligible rollover distribution to a surviving spouse, an eligible retirement plan is an "individual retirement account" or an "individual retirement annuity" as those terms are defined in IRC § 408(a) and (b).
(b) Authorized payments from fund.--The board shall be authorized to pay from the fund:
(1) In the case of a member who is terminating service, the amount determined after certification by the head of the department that the member is so obligated, and after review and approval by the department or agency's legal representative or upon receipt of an assignment from the member in the amount so certified.
(2) In the case of a loan the amount of the loan and any fine or interest due thereon to the credit union except 5% of the total amount due which is to be retained in the fund as a collection fee:
(i) if the member obtaining the loan shall have been in default in required payments for a period of not less than two years; or
(ii) at such time as the Department of Banking shall require the credit union to charge the amount of the loan against the reserve fund of such credit union.
Any member who shall have pledged such rights as security for a loan from a credit union and, on whose behalf the board shall have made any payment by reason of that member's default, may not thereafter pledge or assign such rights to a credit union.
CREDIT(S)
1974, March 1, P.L. 125, No. 31, § 1, imd. effective. Amended 1975, Oct. 7, P.L. 348, No. 101, § 2, imd. effective; 1980, Oct. 5, P.L. 693, No. 142, § 210(c), effective in 60 days; 1994, April 29, P.L. 159, No. 29, § 12, effective in 60 days; 1995, Dec. 20, P.L. 689, No. 77, § 8, imd. effective.
[FN1] 43 P.S. § 1311 et seq.
RESTORATION TO PRIOR STATUS
<Subsections (d) and (e) of section 210 of Act 1980, Oct. 5, P.L. 693, No. 142, provide:>
<(d) Notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of subsections (a) through (c) [of sec. 210] to restore [this provision] to [its] status prior to the partial repeal effected by section 5 of the act of July 8, 1978 (P.L.752, No. 140), known as the "Public Employee Pension Forfeiture Act," except as otherwise expressly provided by [this provision] as reenacted and amended hereby.>
<(e) The provisions of this section shall be retroactive to the effective date of the "Public Employee Pension Forfeiture Act.">
OFFICIAL COMMENT--1974
1990 Main Volume
Subsection (a): Section 703 [71 Pa.C.S. § 5953] deletes the preferential treatment accorded a state employes' credit union. The addition of "spouse's election" clarifies the results intended by the amendment of November 27, 1970, (Act No. 260) to Section 8 of the "Estates' Act of 1947," April 24, P.L. 100 [20 Pa.C.S. §§ 6107, 6108], which expressly made annuity, endowment and employe benefit plans nontestamentary and hence not subject to the spouse's election.
HISTORICAL AND STATUTORY NOTES
1990 Main Volume
The 1975 amendment substituted the section head for "Exemption from execution; assignment of rights" and rewrote the section, which previously read:
"(a) The right of a person to any benefit or right accrued or accruing under the provisions of this part and the moneys in the fund are hereby exempt from any State or municipal tax, levy and sale, garnishment, attachment , spouse's election, or any other process whatsoever, and shall be unassignable except:
"(1) To the Commonwealth in the case of a member who is terminating State service and has been determined to be obligated to the Commonwealth for the repayment of money.
"(2) To a credit union as security for a loan not to exceed seven hundred fifty dollars ($750) and interest not to exceed six per cent (6%) per annum discounted and/or fines thereon provided that the credit union is now or hereafter organized and incorporated under the laws of the Commonwealth and the membership of such credit union is limited solely to officials and employees of the Commonwealth.
"(b) The board shall be authorized to pay from the fund:
"(1) In the case of a member who is terminating service, the amount determined after certification by the head of the department that the member is so obligated, and after review and approval by the department or agency's legal representative and upon receipt of an assignment from the member in the amount so certified.
"(2) In the case of a loan the amount of the loan and any fine or interest due thereon to the credit union:
"(i) if the member obtaining the loan shall have been in default in required payments for a period of not less than two years; or
"(ii) at such time as the Department of Banking shall require the credit union to charge the amount of the loan against the reserve fund of such credit union. Any member who shall have pledged such rights as security for a loan from a credit union and, on whose behalf the board shall have made any payment by reason of that member's default, may not thereafter pledge or assign such rights to a credit union."
The 1980 amendment, at the beginning of par. (1) of subsec. (a), added "Except as provided in paragraph (2),"; in subpar. (ii) of par. (1) of subsec. (a), made numerous minor changes; added par. (2) of subsec. (a) and made editorial changes.
2008 Electronic Update
1994 Legislation
The 1994 amendment, in subsec. (a), added cls. (3) and (4), and made other nonsubstantive changes.
Section 22 of Act 1994, April 29, P.L. 159, No. 29, provides:
"The addition of 24 Pa.C.S. § 8533(d) and 71 Pa.C.S. § 5953(a)(4) shall take effect immediately and shall be retroactive to January 1, 1993."
1995 Legislation
The 1995 amendment, in subsec. (a), rewrote pars. (2) and (4), which formerly read:
"(2) Rights under this part shall be subject to forfeiture as provided by the act of July 8, 1978 (P.L. 752, No. 140), known as the Public Employee Pension Forfeiture Act."
"(4) Effective with distributions made on or after January 1, 1993, and notwithstanding any other provision of this part to the contrary, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan by way of a direct rollover. For purposes of this subsection, a 'distributee' includes a member and a member's surviving spouse and a member's former spouse who is an alternate payee under an approved domestic relations order. For purposes of this subsection, the term 'eligible rollover distribution' has the meaning given such term by section 402(f)(2)(A) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 402(f)(2)(A), and 'eligible retirement plan' has the meaning given such term by section 402(c)(8)(B) of the Internal Revenue Code of 1986, except that a qualified trust shall be considered an eligible retirement plan only if it accepts the distributee's eligible rollover distribution; however, in the case of an eligible rollover distribution to a surviving spouse, an eligible retirement plan is an 'individual retirement account' or an 'individual retirement annuity' as those terms are defined in section 408(a) and (b) of the Internal Revenue Code of 1986."
Act 1995, Dec. 20, P.L. 689, No. 77, § 15(8), provides:
"The amendment of 71 Pa.C.S. § 5953(a)(2) shall be retroactive to the effective date of the act of July 8, 1978 (P.L. 752, No. 190), known as the Public Employee Pension Forfeiture Act.
1990 Main Volume
Prior Laws:
1965, July 29, P.L. 264, § 31.
1963, June 6, P.L. 77, § 1.
1959, Dec. 1, P.L. 1640, § 9.
1959, Aug. 4, P.L. 621, § 39.
1959, June 1, P.L. 392, art. VIII, § 803 (71 P.S. § 1725-803).
71 Pa.C.S.A. § 5953, PA ST 71 Pa.C.S.A. § 5953
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
53 P.S. § 764
§ 764. Allowance not subject to legal process; not assignable or transferable
Effective: [See Text Amendments]
Term Best Section
53 P.S. § 764
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 8. Public Officers and Employees (Refs & Annos)
Article VII. Police Pension Fund
§ 764. Allowance not subject to legal process ; not assignable or transferable
The retirement allowance herein provided for shall be payable only to the beneficiary designated by this act [FN1] and shall not be subject to assignment or transfer.
CREDIT(S)
1893, May 24, P.L. 129, § 4, added 1947, June 10, P.L. 537, § 2. Affected 1978, April 28, P.L. 202, No. 53, § 2(a)[785], effective June 27, 1978.
[FN1] 53 P.S. §§ 761 to 764.
53 P.S. § 764, PA ST 53 P.S. § 764
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
24 Pa.C.S.A. § 8533
§ 8533. Taxation, attachment and assignment of funds
Effective: [See Text Amendments]
Term Best Section
24 Pa.C.S.A. § 8533
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 24 Pa.C.S.A. Education (Refs & Annos)
Part IV. Retirement for School Employees (Refs & Annos)
Chapter 85. Administration and Miscellaneous Provisions
Subchapter C. Miscellaneous Provisions
§ 8533. Taxation, attachment and assignment of funds
(a) General rule.--Except as provided in subsections (b), (c) and (d), the right of a person to a member's annuity, a State annuity, or retirement allowance, to the return of contributions, any benefit or right accrued or accruing to any person under the provisions of this part, and the moneys in the fund are hereby exempt from any State or municipal tax, and exempt from levy and sale, garnishment, attachment , or any other process whatsoever, and shall be unassignable.
(b) Forfeiture.--Rights under this part shall be subject to forfeiture as provided by the act of July 8, 1978 (P.L. 752, No. 140), known as the Public Employee Pension Forfeiture Act. [FN1] Forfeitures under this subsection or under any other provision of law may not be applied to increase the benefits that any member would otherwise receive under this part.
(c) Domestic relations order.--Rights under this part shall be subject to attachment in favor of an alternate payee as set forth in an approved domestic relations order.
(d) Direct rollover.--Effective with distributions made on or after January 1, 1993, and notwithstanding any other provision of this part to the contrary, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan by way of a direct rollover. For purposes of this subsection, a "distributee" includes a member and a member's surviving spouse and a member's former spouse who is an alternate payee under an approved domestic relations order. For purposes of this subsection, the term "eligible rollover distribution" has the meaning given such term by IRC § 402(f)(2)(A) and "eligible retirement plan" has the meaning given such term by IRC § 402(c)(8)(B), except that a qualified trust shall be considered an eligible retirement plan only if it accepts the distributee's eligible rollover distribution; however, in the case of an eligible rollover distribution to a surviving spouse, an eligible retirement plan is an "individual retirement account" or an "individual retirement annuity" as those terms are defined in IRC § 408(a) and (b).
CREDIT(S)
1975, Oct. 2, P.L. 298, No. 96, § 1, imd. effective. Amended 1980, Oct. 5, P.L. 693, No. 142, § 210(a); 1994, April 29, P.L. 159, No. 29, § 6; 1995, Dec. 20, P.L. 689, No. 77, § 4.
[FN1] 43 P.S. § 1311 et seq.
HISTORICAL AND STATUTORY NOTES
2006 Main Volume
Act 1980-142 legislation
The 1980 amendment designated the first paragraph as subsec. (a) and added "Except as provided in subsection (b)," at beginning of said subsection and added subsection (b).
Section 210(d) and (e) of 1980, Oct. 5, P.L. 693, No. 142, provide:
"(d) Notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of subsections (a) through (c) [of sec. 210] to restore [this provision] to [its] status prior to the partial repeal effected by section 5 of the act of July 8, 1978 (P.L. 752, No. 140), known as the 'Public Employee Pension Forfeiture Act,' except as otherwise expressly provided by [this provision] as reenacted and amended hereby.
"(e) The provisions of this section shall be retroactive to the effective date of the 'Public Employee Pension Forfeiture Act.' "
The provisions of the Public Employee Pension Forfeiture Act, 1978, July 8, P.L. 752, No. 140, imd. effective, were made retroactive effective to Dec. 1, 1972, pursuant to § 7 of said Act.
Act 1994-29 legislation
The 1994 amendment corrected a citation in subsec. (a) and added subsecs. (c) and (d).
Section 22 of Act 1994, April 29, P.L. 159, No. 29, provides:
"The addition of 24 Pa.C.S. § 8533(d) and 71 Pa.C.S. § 5953(a)(4) shall take effect immediately and shall be retroactive to January 1, 1993."
Act 1995-77 legislation
The 1995 amendment, in subsec. (b), added the last sentence; and, in subsec. (d), substituted "IRC § 402(f)(2)(A)" for "section 402(f)(2)(A) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 402(f)(2)(A)", "IRC § 402(c)(8)(B)" for "section 402(c)(8)(B) of the Internal Revenue Code of 1986" and "IRC § 408(a) and (b)" for "section 408(a) and (b) of the Internal Revenue Code of 1986".
Act 1995, Dec. 20, P.L. 689, No. 77, § 15(4), provides:
"The amendment of 24 Pa.C.S. § 8533(b) shall be retroactive to the effective date of the act of July 8, 1978 (P.L. 752, No. 140), known as the Public Employee Pension Forfeiture Act."
Prior Laws:
1917, July 18, P.L. 1043, § 18 (24 P.S. § 2140).
1929, May 14, P.L. 1738, § 12.
1937, July 1, P.L. 2600, § 1.
1959, June 1, P.L. 350, art. VIII, § 803 (24 P.S. § 3803).
1959, Aug. 4, P.L. 599, § 34.
1965, July 9, P.L. 198, § 24.
24 Pa.C.S.A. § 8533, PA ST 24 Pa.C.S.A. § 8533
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
53 P.S. § 881.115
§ 881.115. Exemption of retirement allowance
Effective: [See Text Amendments]
Term Best Section
53 P.S. § 881.115
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 8A. Pennsylvania Municipal Retirement System (Refs & Annos)
Article I. General Provisions (Refs & Annos)
§ 881.115. Exemption of retirement allowance
The retirement allowance and the contributions of members to the fund, all contributions returned to contributors under the provisions of this act and the moneys in the fund created by this act, shall be exempt from any State or municipal tax, and shall be unassignable except to a beneficiary.
CREDIT(S)
1974, Feb. 1, P.L. 34, No. 15, § 115, effective in 90 days. Affected 1978, April 28, P.L. 202, No. 53, § 2(a)[1464], effective June 27, 1978.
53 P.S. § 881.115, PA ST 53 P.S. § 881.115
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
15 Pa.C.S.A. § 8342
§ 8342. Nature of right of partner in specific partnership property
Effective: [See Text Amendments]
Term Best Section
15 Pa.C.S.A. § 8342
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 15 Pa.C.S.A. Corporations and Unincorporated Associations (Refs & Annos)
Part III. Partnerships and Limited Liability Companies (Refs & Annos)
Chapter 83. General Partnerships (Refs & Annos)
Subchapter E. Property Rights of a Partner
§ 8342. Nature of right of partner in specific partnership property
(a) General rule.--A partner is co-owner with his partners of specific partnership property, holding as a tenant in partnership .
(b) Incidents of tenancy.--The incidents of this tenancy are as follows:
(1) A partner , subject to the provisions of this chapter and to any agreement between the partners , has an equal right with his partners to possess specific partnership property for partnership purposes, but he has no right to possess the property for any other purpose without the consent of his partners .
(2) The right of a partner in specific partnership property is not assignable except in connection with the assignment of the rights of all partners in the same property.
(3) The right of a partner in specific partnership property is not subject to attachment or execution except on a claim against the partnership . When partnership property is attached for a partnership debt, the partners , or any of them, or the representatives of a deceased partner , cannot claim any right under the homestead or exemption laws.
(4) On the death of a partner , his right in specific partnership property vests in the surviving partner or partners , except where the deceased was the last surviving partner , when his right in the property vests in his legal representative. The surviving partner or partners , or the legal representative of the last surviving partner , has no right to possess the partnership property for any but a partnership purpose.
(5) The right of a partner in specific partnership property is not subject to dower, curtesy or allowances to surviving spouses, heirs or next of kin.
CREDIT(S)
1988, Dec. 21, P.L. 1444, No. 177, § 103, effective Oct. 1, 1989.
COMMITTEE COMMENT--1988:
1995 Main Volume
Source: Reenactment of former 59 Pa.C.S. § 342.
HISTORICAL AND STATUTORY NOTES
1995 Main Volume
Prior Laws:
1978, Oct. 4, P.L. 909, No. 173, § 7.
1975, Dec. 19, P.L. 524, No. 155, § 1 (59 Pa.C.S.A. § 342).
1915, March 26, P.L. 18, part V, § 25 (59 P.S. § 72).
15 Pa.C.S.A. § 8342, PA ST 15 Pa.C.S.A. § 8342
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
42 Pa.C.S.A. § 9728
§ 9728. Collection of restitution, reparation, fees, costs, fines and penalties
Effective: November 09, 2006
Term Best Section
42 Pa.C.S.A. § 9728
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VIII. Criminal Proceedings (Refs & Annos)
Chapter 97. Sentencing (Refs & Annos)
Subchapter C. Sentencing Alternatives (Refs & Annos)
§ 9728. Collection of restitution, reparation, fees, costs, fines and penalties
(a) General rule.--
(1) Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.
(2) In accordance with section 9730.1 (relating to collection of court costs, restitution and fines by private collection agency), the collection of restitution, reparation, fees, costs, fines and penalties under this section may be referred to a private collection agency. Statistical information relating to the amount of restitution collected by the county probation department or any agent designated by the county commissioners of the county with the approval of the president judge of the county shall be made available to the Pennsylvania Commission on Crime and Delinquency on an annual basis.
(b) Procedure.--
(1) The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the prothonotary certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, exceed $1,000, and it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.
(2) The clerk of courts, in consultation with other appropriate governmental agencies, may transmit to the prothonotary of the respective county certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, do not exceed $1,000, and, if so transmitted, it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.
(3) The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the Department of Probation of the respective county or other agent designated by the county commissioners of the county with the approval of the president judge of the county and to the county correctional facility to which the offender has been sentenced or to the Department of Corrections, whichever is appropriate, copies of all orders for restitution and amendments or alterations thereto, reparation, fees, costs, fines and penalties.
(4) The total amount for which the person is liable pursuant to this section may be entered as a judgment upon the person or the property of the person sentenced or ordered, regardless of whether the amount has been ordered to be paid in installments.
(5) The county correctional facility to which the offender has been sentenced or the Department of Corrections shall be authorized to make monetary deductions from inmate personal accounts for the purpose of collecting restitution or any other court-ordered obligation. Any amount deducted shall be transmitted by the Department of Corrections or the county correctional facility to the probation department of the county or other agent designated by the county commissioners of the county with the approval of the president judge of the county in which the offender was convicted. The Department of Corrections shall develop guidelines relating to its responsibilities under this paragraph.
(b.1) Restitution file.--Upon receipt of each order from the clerk of courts as provided in subsection (b)(3), the department of probation of the respective county or other agent designated by the county commissioners of the county with the approval of the president judge of the county shall open a restitution file for the purposes of recording the amounts of restitution deducted by the Department of Corrections or county correctional facility or collected by the department of probation or the agent designated by the county commissioners of the county with the approval of the president judge of the county.
(c) Period of time.--Notwithstanding section 6353 (relating to limitation on and change in place of commitment) or 18 Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to person or property), the period of time during which such judgments shall have full effect may exceed the maximum term of imprisonment to which the offender could have been sentenced for the crimes of which he was convicted or the maximum term of confinement to which the offender was committed.
(d) Priority.--Notwithstanding any other statutory provisions in this or any other title, any lien obtained under this section shall maintain its priority indefinitely and no writ of revival need be filed.
(e) Preservation of assets subject to restitution.--Upon application of the Commonwealth, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond or take any other action to preserve the availability of property which may be necessary to satisfy an anticipated restitution order under this section:
(1) upon the filing of a criminal complaint, information or indictment charging a criminal violation or a petition alleging delinquency for which restitution may be ordered and alleging that the property with respect to which the order is sought appears to be necessary to satisfy such restitution order and judgment; and
(2) if, after notice to persons appearing to have an interest in the property and an opportunity for a hearing, the court determines that:
(i) there is a substantial probability that:
(A) the Commonwealth will prevail on the underlying criminal charges or allegation of delinquency;
(B) restitution will be ordered exceeding $10,000 in value;
(C) the property appears to be necessary to satisfy such restitution order; and
(D) failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court or otherwise made unavailable for payment of the anticipated restitution order; and
(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
(f) Temporary restraining order.--A temporary restraining order under subsection (e) may be entered upon application of the Commonwealth without notice or opportunity for a hearing, whether or not a complaint, information, indictment or petition alleging delinquency has been filed with respect to the property, if the Commonwealth demonstrates that there is probable cause to believe that the property with respect to which the order is sought appears to be necessary to satisfy an anticipated restitution order under this section and that provision of notice will jeopardize the availability of the property to satisfy such restitution order and judgment. Such a temporary order shall expire not more than ten days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.
(g) Costs, etc.--Any sheriff's costs, filing fees and costs of the county probation department, clerk of courts or other appropriate governmental agency, including, but not limited to, any reasonable administrative costs associated with the collection of restitution, transportation costs and other costs associated with the prosecution, shall be borne by the defendant and shall be collected by the county probation department or other appropriate governmental agency along with the total amount of the judgment and remitted to the appropriate agencies at the time of or prior to satisfaction of judgment.
(g.1) Payment.--No less than 50% of all moneys collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county pursuant to subsection (b)(1) and deducted pursuant to subsection (b)(5) shall, until the satisfaction of the defendant's restitution obligation, be used to pay restitution to victims. Any remaining moneys shall be used to pay fees, costs, fines, penalties and other court-ordered obligations.
(h) Effect on contempt proceedings.--This section shall not affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
CREDIT(S)
1990, Dec. 17, P.L. 726 No. 181, § 1, effective in 60 days. Amended 1995, May 3, P.L. 999, No. 12 (Spec. Sess. No. 1), § 3, effective in 60 days; 1995, May 12, P.L. 1006, No. 13 (Spec. Sess. No. 1), § 1, effective in 60 days; 1996, Feb. 7, P.L. 7, No. 3, § 2, effective in 60 days; 1998, June 18, P.L. 640, No. 84, § 4, effective in 120 days; 2006, Nov. 9, P.L. 1352, No. 143, § 1, imd. effective.
HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Act 1996-3 legislation
The 1996 amendment, in subsec. (b), in the first sentence, substituted "clerk of courts" for "probation department or other appropriate governmental agency", and inserted "which, in the aggregate, exceed $1,000" following "fines and penalties", and added the second sentence; and, in subsec. (g), inserted ", clerk of courts".
Act 1998-84 legislation
Act 1998-84, in subsec. (a), designated the former text as subd. (1), inserted the reference to subsec. (b)(5), substituted "collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county for that purpose" for "collectible", and added subsec. (a)(2); rewrote subsec. (b); in subsec. (g), in the first sentence, inserted ", including any reasonable administrative costs associated with the collection of restitution,"; and added subsec. (g.1). Prior to amendment, subsec. (b) formerly read:
"(b) Procedure.--The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the prothonotary of the respective county certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, exceed $1,000, and it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof. The clerk of courts, in consultation with other appropriate governmental agencies, may transmit to the prothonotary of the respective county certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, do not exceed $1,000, and, if so transmitted, it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof. The total amount for which the person is liable pursuant to this section may be entered as a judgment upon the person or the property of the person sentenced or ordered, regardless of whether the amount has been ordered to be paid in installments."
Act 2006-143 legislation
Act 2006-143, § 1, in subsec. (g), inserted ", but not limited to,", and ", transportation costs and other costs associated with the prosecution".
42 Pa.C.S.A. § 9728, PA ST 42 Pa.C.S.A. § 9728
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
40 P.S. § 514
§ 514. Retaining proceeds under policy; anticipating or alienating; rights of creditors
Effective: [See Text Amendments]
Term Best Section
40 P.S. § 514
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article IV. Life Insurance
(a) General Provisions Relating to Stock and Mutual Companies (Refs & Annos)
§ 514. Retaining proceeds under policy ; anticipating or alienating; rights of creditors
Whenever under the terms of any annuity or policy of life insurance, or under any written agreement supplemental thereto, issued by any insurance company, domestic or foreign, lawfully doing business in this State, the proceeds are retained by such company at maturity or otherwise, no person entitled to any part of such proceeds , or any instalment of interest due or to become due thereon, shall be permitted to commute, anticipate, encumber, alienate or assign the same, or any part thereof, if such permission is expressly withheld by the terms of such policy or supplemental agreement; and, further, that such company shall not be required to segregate such funds, but may hold them as a part of its general corporate funds.
CREDIT(S)
1919, May 17, P.L. 208, § 1. Amended 1923, April 26, P.L. 104, § 1. Affected 1978, April 28, P.L. 202, No. 53, § 2(a)[1028], effective June 27, 1978.
HISTORICAL AND STATUTORY NOTES
1999 Main Volume
The 1923 amendment substituted "insurance company, domestic or foreign, lawfully" for "company incorporated by, and".
The 1978 amendment deleted a provision exempting principal and interest from being subject to payment of a person's debts or to judicial process, if the policy so provided.
40 P.S. § 514, PA ST 40 P.S. § 514
Current through end of the 2008 Regular and 2007-2008 First Special Sessions
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