Session of 1999
HOUSE BILL No. 2342
By Representatives Lightner, Aday, Burroughs, Dahl, Flaharty, Frank-
lin, Haley, Howell, McCreary, Myers, O'Connor, Palmer, Stone and
11 AN ACT concerning civil procedure; relating to exemptions from claims
12 of creditors; pension and retirement assets; amending K.S.A. 60-2308
13 and repealing the existing section.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 60-2308 is hereby amended to read as follows: 60-
17 2308. (a) Money received by any debtor as pensioner of the United States
18 within three months next preceding the issuing of an execution, or at-
19 tachment, or garnishment process, cannot be applied to the payment of
20 the debts of such pensioner when it
is made to appear appears by the
21 affidavit of the debtor or otherwise that such pension money is necessary
22 for the maintenance of the debtor's support or a family support wholly
23 or in part by the pension money. The filing of the affidavit by the debtor,
24 or making proof as
above provided in this section, shall be prima facie
, and of the necessity of such pension money for such support. It
26 shall be the duty of the court in which such proceeding is pending to
27 release all moneys held by such attachment or garnishment process, im-
28 mediately upon the filing of such affidavit, or the making of such proof.
29 (b) Except as provided in subsection (c), any money or other assets
30 payable to a participant or beneficiary from, or any interest of any partic-
31 ipant or beneficiary in, a retirement plan which is qualified under sections
32 401(a), 403(a), 403(b), 408, 408A or 409 of the federal internal revenue
33 code of
1954, as amended, 1986 and amendments thereto shall be exempt
34 from any and all claims of creditors of the beneficiary or participant. Any
35 such plan shall be conclusively presumed to be a spendthrift trust under
36 these statutes and the common law of the state. All records of the debtor
37 concerning such plan or arrangement and of the plan concerning the
38 debtor's participation in the plan or arrangement shall be exempt from
39 the subpoena process.
40 (c) Any plan or arrangement described in subsection (b) shall not be
41 exempt from the claims of an alternate payee under a qualified domestic
42 relations order. However, the interest of any and all alternate payees
43 under a qualified domestic relations order shall be exempt from any and
44 all claims of any creditor, other than the state department of social and
45 rehabilitation services, of the alternate payee. As used in this subsection,
46 the terms "alternate payee" and "qualified domestic relations order" have
47 the meaning ascribed to them in section 414(p) of the federal internal
48 revenue code of
1954, as amended 1986 and amendments thereto.
49 (d) The provisions of subsections (b) and (c) shall apply to any pro-
50 ceeding which: (1) Is filed on or after July 1, 1986; or (2) was filed on or
51 after January 1, 1986, and is pending or on appeal July 1, 1986.
52 (e) Money held by the state department of social and rehabilitation
53 services, any clerk of a district court or a district court trustee in connec-
54 tion with a court order for the support of any person, whether it be
55 identified as child support, spousal support, alimony or maintenance, shall
56 be exempt from execution, attachment or garnishment process.
57 Sec. 2. K.S.A. 60-2308 is hereby repealed.
58 Sec. 3. This act shall take effect and be in force from and after its
59 publication in the statute book.