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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 38. Alaska Exemptions Act
- Section 17. Exemption of Retirement Plan Interests and Payments.
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. Property Exempt Without Limitation.
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. Exemptions of Personal Property Subject to Value Limitations.
AS 09.38.017. Exemption of Retirement Plan Interests and Payments.
- (a) In addition to the exemption under AS 09.38.015
(b), the following are exempt from a claim of an individual's creditor:
- (1) the interest of the individual in a retirement plan; and
- (2) the money or other assets payable to the individual from a retirement plan.
- (b) The exemptions provided by (a) of this section do not apply to a contribution made by an individual to a retirement
plan within 120 days before the individual files for bankruptcy.
- (c) The exemptions provided by (a) of this section do not prevent the payment of benefits under a retirement plan to an
alternate payee under a qualified domestic relations order. In this subsection, "qualified domestic relations order"
has the meaning given in 26 U.S.C. 414(p).
- (d) A retirement plan exempt from claims under (a) of this section is conclusively presumed to be a spendthrift trust
under this section.
- (e) In this section,
- (1) "alternate payee" has the meaning given in 26 U.S.C. 414(p)(8);
- (2) "individual" means an individual who is a participant in, a beneficiary of, or an alternate payee of a retirement
- (3) "retirement plan" means a retirement plan that is qualified under 26 U.S.C. 401(a), 26 U.S.C. 403(a), 26 U.S.C.
403(b), 26 U.S.C. 408, 26 U.S.C. 408A, or 26 U.S.C. 409 (Internal Revenue Code).
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