Stricken language would be deleted from and underlined language would be added to present law.
Act 681 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1752 3
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By: Representative Maddox 5
By: Senator J. Boyd 6
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For An Act To Be Entitled 8
AN ACT TO EXEMPT CERTAIN SAVINGS PLANS FROM THE 9
EXECUTION OF A JUDGMENT; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO EXEMPT CERTAIN SAVINGS PLANS FROM THE 14
EXECUTION OF A JUDGMENT. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code § 16 -66-220 is amended to read as follows: 19
16-66-220. Pension, and profit-sharing, retirement, and savings plans —20
Definition. 21
(a)(1) A person's right to the assets held in or to receive payments, 22
whether vested or not, under a pension, profit -sharing, or similar plan or 23
contract, including a retirement plan for self -employed individuals, or under 24
an individual retirement account or an individual retirement annuity, 25
including a simplified employee pension plan, is exempt from attachment, 26
execution, and seizure for the satisfaction of debts unless the plan, 27
contract, or account does not qualify under the applicable provisions of the 28
Internal Revenue Code of 1986. 29
(2) A person's right to the assets held in or to receive 30
payments, whether vested or not, under a government or church plan or 31
contract is also exempt unless the plan or contract does not qualify under 32
the definition of a government or church plan under the applicable provisions 33
of the federal Employee Retirement Income Security Act of 1974. 34
(b)(1) Contributions to an individual retirement account that exceed 35
the amounts deductible under the applicable provisions of the Internal 36 HB1752
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Revenue Code of 1986 and any accrued earnings on such contributions are not 1
exempt under this section unless otherwise exempt by law. 2
(2) However, the limitations of subdivision (b)(1) of this 3
section do not apply to an individual retirement account established pursuant 4
to and qualifying under § 408(A) of the Internal Revenue Code of 1986.5
(c)(1) A person's vested or unvested right to the assets held in or to 6
receive payments under a qualified savings plan is exempt from attachment, 7
execution, and seizure for the satisfaction of debts. 8
(2)(a) As used in subdivision (c)(1), "qualified savings plan" 9
means any stock, bonus, pension, annuity, deferred compensation, profit -10
sharing, health, education, or similar plan or account not included in 11
subsection (a) of this section, to the extent that the plan or account is 12
exempt from federal income tax or to the extent federal income tax on a 13
person's interest in the plan or account is deferred until actual payment of 14
the benefits to the person. 15
(b) "Qualified savings plan" includes without limitation: 16
(i) A plan or account that is subject to federal 17
income tax solely under 26 U.S.C. §§ 511 — 514 as they existed on January 1, 18
2025; 19
(ii) An inherited individual retirement account or 20
annuity; 21
(iii) A health savings account; 22
(iv) A qualified tuition program of any state that 23
meets the requirements of 26 U.S.C. § 529, as it existed on January 1, 2025; 24
(v) A qualified program of any state that meets the 25
requirements of 26 U.S.C. § 529A, as it existed on January 1, 2025; and 26
(vi) A Coverdell education savings account under 26 27
U.S.C. § 530, as it existed on January 1, 2025. 28
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APPROVED: 4/16/25 31
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