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Regular Session, 2010
SENATE BILL NO. 13
BY SENATOR B. GAUTREAUX
RETIREMENT BENEFITS. Allows garnishment of Louisiana public retirement or pension
system, plan, or fund benefits of an elected official or public employee to pay fine or
restitution, or any costs of incarceration, probation, or parole, imposed for a felony
associated with his office. (7/1/10)
AN ACT1
To amend and reenact R.S. 11:292, 570, 930, 951.3, 952.3, 1378, 1905, 3014, 3051, 3111,2
3140, 3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691,3
3770, 3800, and 3823, and R.S. 13:3881(D)(1), relative to garnishment or seizure of4
pension or retirement benefits; to provide for garnishment or seizure of benefits from5
public retirement or pension systems, plans, or funds; to provide relative to the6
applicability of certain court orders to such benefits; to provide for garnishment or7
seizure of such benefits to pay any fine or restitution, or any costs of incarceration,8
probation, or parole, ordered for certain felony convictions associated with service9
as an elected official or public employee; to provide for an effective date; and to10
provide for related matters.11
Notice of intention to introduce this Act has been published.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 11:292, 570, 930, 951.3, 952.3, 1378, 1905, 3014, 3051, 3111, 3140,14
3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and15
3823 are hereby amended and reenacted to read as follows:16
§292. Seizure for child support; garnishment or seizure related to felony17 SB NO. 13
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convictions1
A. Notwithstanding any other provision of law to the contrary, any2
retirement allowance, benefit, or refund of accumulated contributions paid to any3
member, former member, or retiree under the provisions of any public retirement4
system, or the portion of a retirement allowance, benefit, or refund of accumulated5
contributions paid to a spouse or former spouse under the provisions of R.S. 11:291,6
shall be subject to garnishment or court-ordered assignment to pay child support.7
B.(1) Notwithstanding any other provision of law to the contrary, any8
pension, retirement allowance, or benefit, or any refund of accumulated9
contributions payable to any member, former member, or retiree under the10
provisions of any public pension or retirement system, plan, or fund shall be11
subject to garnishment under a writ of fieri facias to pay any court-ordered12
restitution or fine, or any costs of incarceration, probation, or parole, imposed13
on such member, former member, or retiree as a result of a conviction of or a14
plea of guilty or nolo contendere to the commission of a felony for misconduct15
associated with such person's service as an elected official or public employee16
for which credit in the system, plan, or fund was earned or accrued.17
(2) Notwithstanding any other provision of law to the contrary, a18
garnishment authorized pursuant to this Subsection shall not impinge on the19
community property interest of a spouse or former spouse not subject to the20
garnishment.21
(3) Notwithstanding any other provision of law to the contrary, a22
garnishment authorized pursuant to this Subsection may be continuing in23
nature as necessary to pay the court-ordered restitution or fine in full.24
* * *25
§570. Exemption from execution26
Any annuity, retirement allowance or benefit, or refund of contributions, or27
any optional benefit or any other benefit paid or payable to any person under the28
provisions of this Subpart is exempt from state or municipal tax, and is exempt from29 SB NO. 13
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levy and sale, garnishment, attachment or any other process whatsoever, except as1
provided in R.S. 11:292, and is unassignable.2
* * *3
§930. Exemption from execution4
Annuity contracts issued under the optional retirement plan and all rights5
thereto of a participant in the optional retirement plan shall be exempt from any state6
or municipal tax, assessment for the insolvency of any life insurance company, any7
levy or sale, garnishment, attachment, or any process whatsoever, except as8
provided in R.S. 11:292, and shall be unassignable except as otherwise specifically9
provided in the annuity contract.10
* * *11
§951.3. Pensions, benefits, etc., exemption from seizure12
The right of a person to a pension, an annuity, or a retirement allowance, to13
the return of contributions, the pension, annuity or retirement allowance itself, or any14
other right accrued or accruing to any person under the provisions of this Part and15
the money in the various accounts created by this Part shall not be subject to16
execution, garnishment, attachment or any other process whatsoever, except as17
provided in R.S. 11:292, and shall be unassignable except as specifically provided18
for in this Part.19
* * *20
§952.3. Exemption of pension and other rights from levy and other processes21
The right of a person to a retirement allowance, or to the return of22
contributions; the retirement allowance itself; any optional benefit or any other right23
accrued or accruing to any person under the provisions of this Part; and the moneys24
in the funds created by this Part are exempt from any state or municipal tax, and25
exempt from levy and sale, garnishment, attachment, or any other process26
whatsoever, except as provided in R.S. 11:292, and shall be unassignable except27
as otherwise specifically provided in this Part.28
* * *29 SB NO. 13
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§1378. Retirement pay or pension; exemption from taxes and execution1
Any retirement pay or pension paid to any judge or the surviving spouse of2
any judge under the unfunded judicial retirement plan is exempt from any state or3
municipal income tax, and is exempt from levy and sale, garnishment, attachment4
or any other process whatsoever, except as provided in R.S. 11:292.5
* * *6
§1905. Exemption from execution7
The following items are hereby exempt from any state or municipal tax and8
from levy and sale, garnishment, attachment, or any other process whatsoever as9
provided in this Chapter, except as provided in R.S. 42:720.21: 11:292: the right of10
a person to a pension, an annuity, or a retirement allowance, or to the return of11
contributions, the pension, annuity, or retirement allowance itself, any optional12
benefit or any other right accrued or accruing to any person, and the moneys in13
various funds created by this Chapter. These enumerated items shall be14
unassignable, except as in this Chapter specifically otherwise provided. Benefits15
paid under this Chapter shall be exempt from state income tax. If the contributions16
of an employee are paid by an employer in order to secure credit for service, these17
funds may be assigned to the employer until such time as the employee has repaid18
contributions so paid or the employer has released the contributions so paid by19
written notice to the board.20
* * *21
§3014. Exemptions from execution22
The right of a person to an annuity, a retirement allowance, or benefit, or to23
the return of contributions, or to any optional benefit or any other right accrued or24
accruing to any person under the provisions of this Part, and the monies in the system25
created by this Part, is are hereby exempt from any state or municipal tax, and26
exempt from levy and sale, garnishment, attachment, or any other process27
whatsoever, except as provided in R.S. 11:292, and shall be unassignable except28
as in this Part specifically otherwise provided.29 SB NO. 13
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* * *1
§3051. Assignment prohibited2
The right of a person to an annuity, a pension or any other benefit or refund,3
or any right accrued or accruing to any member or beneficiary under the provisions4
of this system, and the monies belonging to the system, shall be unassignable and5
shall not be subject to execution, garnishment, attachment, the operation of6
bankruptcy, or the insolvency law or any other process of law except as specifically7
provided by the provisions of this system and in R.S. 11:292, and except that the8
City shall have the right to set off funds for any claim arising from embezzlement by9
or fraud of a member.10
* * *11
§3111. Exemption from seizure and attachment12
No Except as provided in R.S. 11:292, no portion of the said Firemen's13
Pension and Relief Fund shall, before or after its order for distribution is issued by14
the said Board of Trustees to the person or persons entitled thereto under the15
provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,16
garnishment, execution, or order or decree, or any other process whatsoever, issued17
out of or by any court, for the payment or satisfaction, in whole or in part, of any18
debt, damage, claim, judgment, or decree against any beneficiary of such Fund; but19
shall be exempt therefrom. That the said The Fund shall be kept, held, and20
distributed for no purposes other than those provided for in this Part.21
* * *22
§3140. Exemption from seizure and attachment23
No Except as provided in R.S. 11:292, no portion of the Firemen's Pension24
and Relief Fund shall, before or after its order for distribution is issued by the board25
of trustees to the person or persons entitled thereto under the provisions of this Part,26
be held, seized, taken, subjected to, detained or levied upon, by virtue of any27
attachment, garnishment, execution, injunction, writ, order, decree or any other28
process whatsoever, issued out of or by any court of this state, for the payment or29 SB NO. 13
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satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment or1
decree against any beneficiary of such Fund; but shall be exempt therefrom. The2
Fund shall be kept, held, and distributed solely for the purposes named in this Part3
and for no other purposes whatsoever.4
* * *5
§3198. Exemption from seizure and attachment6
That Except as provided in R.S. 11:292, no portion of the said Firemen's7
Pension and Relief Fund shall, before or after its order for distribution is issued by8
the said board of trustees to the person or persons entitled thereto under the9
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,10
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,11
or any other process whatsoever, issued out of or by any court of this state, for the12
payment or satisfaction, in whole or in part, for any debt, damage, demand, claim,13
judgment, or decree, against any beneficiary of such fund; but shall be exempt14
therefrom. That said The fund shall be sacredly kept, held, and distributed for the15
purposes named in this Part, and for no other purposes whatsoever.16
* * *17
§3229. Exemption from seizure and attachment18
No Except as provided in R.S. 11:292, no portion of the Firemen's Pension19
and Relief Fund shall, before or after its order for distribution is issued by the board20
of trustees to the person or persons entitled thereto under the provisions of this Part,21
be held, seized, taken, subjected to, detained, or levied upon, by virtue of any22
attachment, garnishment, execution, injunction, writ, order, decree, or any other23
process whatsoever, issued out of or by any court of this state, for the payment or24
satisfaction, in whole or in part, of any debts, damage, demand, claim, judgment or25
decree against any beneficiary of such fund, but shall be exempt therefrom. The26
fund shall be kept, held, and distributed solely for the purposes named in this Part27
and for no other purposes whatsoever.28
* * *29 SB NO. 13
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§3321. Exemption from seizure and attachment1
A. No Except as provided in R.S. 11:292, no portion of the Firemen's2
Pension and Relief Fund shall, before or after any order for distribution is issued by3
the said board of directors to the person or persons entitled thereto under the4
provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,5
garnishment, execution, or order or decree, or any other process whatsoever issued6
out of, or by any court, for the payment or satisfaction, in whole or in part, of any7
debt, damage, claim, judgment, or decree against any beneficiary of said fund; but8
shall be exempt therefrom. That the said The fund shall be kept, held, and9
distributed for no purpose other than those provided for in this Part.10
* * *11
§3345. Exemption from seizure12
No Except as provided in R.S. 11:292, no portion of the pension fund shall,13
before or after its order for distribution is issued by the board of trustees to the14
person or persons entitled thereto under the provisions of this Part, be held, seized,15
taken, subjected to, detained, or levied upon by virtue of any attachment,16
garnishment, execution, writ, order, injunction, decree, or any other process17
whatsoever, issued out of or by any court of the state of Louisiana, for the payment,18
or satisfaction, in whole or in part, of any debt, claim, damage, demand, judgment,19
or any other decree against any beneficiary of this fund, but shall be exempt20
therefrom.21
* * *22
§3389. Exemption of pension and other rights from levy and other process23
The right of a person to a pension, an annuity, a retirement allowance, or to24
the return of contributions; the pension, annuity, or retirement allowance itself; any25
optional benefit or any other right accrued or accruing to any person under the26
provisions of this Part; and the moneys in the various funds created by this Part are27
exempt from any state or municipal tax, and all state income tax, and exempt from28
levy and sale, garnishment, attachment, or any other process whatsoever, except as29 SB NO. 13
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provided in R.S. 11:292, and shall be unassignable except as otherwise specifically1
provided in this Part. The fund shall be sacredly held, kept, and secured and2
distributed for the purpose of pensioning the persons named in this Part and for the3
payment of death benefits and for no other purpose whatsoever.4
* * *5
§3408. Exemption from seizure and attachment6
No Except as provided in R.S. 11:292, no portion of the fireman's pension7
and relief fund, before or after its order for distribution is issued by the board of8
trustees to the person or persons entitled thereto under the provisions of this Part,9
shall be held, seized, taken, subjected to, detained, or levied upon, by virtue of any10
attachment, garnishment, execution, injunction, writ, order, decree, or any other11
process whatsoever, issued out of or by any court of this state, for the payment or12
satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment, or13
decree against any beneficiary of such fund, but shall be exempt therefrom. The14
fund shall be kept, held, and distributed solely for the purposes named in this Part15
and for no other purposes whatsoever.16
* * *17
§3440. Exemption from seizure and attachment18
No Except as provided in R.S. 11:292, no portion of the said Firemen's19
Pension and Relief Fund shall, before or after its order for distribution is issued by20
the said Board of Trustees to the person or persons entitled thereto under the21
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,22
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,23
or any other process whatsoever, issued out of or by any court of this state, for the24
payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,25
judgment, or decree, against any beneficiary of such fund ;, but shall be exempt26
therefrom. The Fund shall be sacredly kept, held, and distributed for the purposes27
named in this Part, and for no other purposes whatsoever.28
* * *29 SB NO. 13
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§3470. Exemption from seizure and attachment1
That Except as provided in R.S. 11:292, no portion of the said Firemen's2
Pension and Relief Fund shall, before or after its order for distribution is issued by3
the said board of trustees to the person or persons entitled thereto under the4
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,5
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,6
or any other process whatsoever, issued out of or by any court of this state, for the7
payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,8
judgment, or decree against any beneficiary of such fund;, but shall be exempt9
therefrom. That said The fund shall be sacredly kept, held, and distributed for the10
purposes named in this Part, and for no other purposes whatsoever.11
* * *12
§3513. Fund not subject to execution13
The Except as provided in R.S. 11:292, the fund, or any portion thereof,14
before or after an order for its distribution is issued, shall be exempt from assignment15
or pledge by a beneficiary of the fund or from seizure by virtue of any judicial16
process issued against the beneficiary.17
* * *18
§3608. Attachment of fund; exemption from state income tax19
A. No Except as provided in R.S. 11:292, no portion of the fund shall20
before or after the order for distribution is issued by the board of directors to the21
person or persons entitled thereto under the provisions of this Subpart, be held,22
seized, or levied upon, by virtue of any attachment, garnishment, execution, or order23
or decree, or any other process whatsoever, issued out of, or by, any court, for the24
payment or satisfaction, in whole or in part, of any debt, damage, claim, judgment,25
or decree against any beneficiary of such fund, but shall be exempt therefrom. The26
fund shall be kept, held, and distributed for no purpose other than those provided for27
in this Subpart. No present or future revision or amendments to the fund shall have28
the effect of reducing any benefit now in existence.29 SB NO. 13
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* * *1
§3691. Exemption from execution2
The right of a person to a pension, an annuity, or a retirement allowance, to3
the return of contributions, the pension, annuity, or retirement allowance itself, any4
optional benefit or any other right accrued or accruing to any person under the5
provisions of this Subpart, and the moneys in the various funds created by this6
Subpart, are hereby exempt from any state or municipal tax, and exempt from levy7
and sale, garnishment, attachment, or any other process whatsoever, except as8
provided in R.S. 11:292, and shall be unassignable except as in this Subpart9
specifically otherwise provided.10
* * *11
§3770. Exemption from seizure and attachment12
No Except as provided in R.S. 11:292, no portion of the said Bus Drivers'13
Pension and Relief Fund shall, before or after its order for distribution is issued by14
the said Board of Trustees to the person or persons entitled thereto under the15
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon16
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,17
of or any other process whatsoever, issued out of or by any Court court of this State18
state for the payment or satisfaction, in whole or in part, of any debt, damage,19
demand, claim, judgment, or decree, against any beneficiary of such fund, but shall20
be exempt therefrom. That said The Fund shall be sacredly kept, held, and21
distributed for the purposes named in this Part, and for no other purposes22
whatsoever.23
* * *24
§3800. Exemption from seizure and attachment25
That no Except as provided in R.S. 11:292, no portion of the said Electrical26
Workers' Pension and Relief Fund shall, before or after its order for distribution is27
issued by the said Board of Trustees to the person or persons entitled thereto under28
the provisions of this Part, be held, seized, taken, subjected to, detained, or levied29 SB NO. 13
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upon by virtue of any attachment, garnishment, execution, injunction, writ, order,1
decree, or any other process whatsoever, issued out of, or by, any Court court of this2
State state for the payment or satisfaction, in whole or in part, of any debt, damage,3
demand, claim, judgment, or decree, against any beneficiary of such Fund, but shall4
be exempt therefrom. That said The Fund shall be sacredly kept, held, and5
distributed for the purposes named in this Part, and for no other purposes6
whatsoever.7
* * *8
§3823. Exemption from execution9
The right of a person to a pension, an annuity, or a retirement allowance or10
benefit;, or to the return of contributions,; the pension, annuity, or retirement11
allowance itself; to any optional benefit; or any other right accrued or accruing to any12
person under the provisions of this Part or to any person with such rights in the13
Employees' Retirement System of the city of New Orleans are is exempt from any14
state or municipal tax and, are except as provided in R.S. 11:292, exempt from levy15
and sale, garnishment, attachment, or any other process whatsoever.16
* * *17
Section 2. R.S. 13:3881(D)(1) is hereby amended and reenacted to read as follows:18
§3881. General exemptions from seizure19
* * *20
D.(1) Except as provided in Paragraph (2) of this Subsection and in R.S.21
11:292, the following shall be exempt from all liability for any debt except alimony22
and child support: all pensions, all tax-deferred arrangements, annuity contracts, and23
all proceeds of and payments under all tax-deferred arrangements and annuity24
contracts, as defined in Paragraph (3) of this Subsection.25
* * *26
Section 3. This Act shall become effective on July 1, 2010; if vetoed by the governor27
and subsequently approved by the legislature, this Act shall become effective on July 1,28
2010, or on the day following such approval by the legislature, whichever is later.29 SB NO. 13
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The original instrument was prepared by Lauren Bailey. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Present law (R.S. 13:3881(A) and R.S. 20:33) provides for a general exemption from seizure
under any writ, mandate, or process whatsoever for certain income or property of a debtor.
Specifies that, except as provided in present law, the following shall be exempt from all
liability for any debt except alimony and child support:
(1) All pensions.
(2) All tax-deferred arrangements.
(3)Annuity contracts.
(4) All proceeds of and payments under all tax-deferred arrangements and annuity
contracts.
Proposed law retains present law. Provides that the pension or retirement benefit of an
elected official or public employee may be garnished or seized to pay any fine or restitution
or any costs of incarceration, probation, or parole, imposed as a penalty for conviction of a
felony associated with his office. Further provides that such garnishment shall not impinge
on the community property interest of a spouse or former spouse not subject to the
garnishment.
Present law (R.S. 11:291) provides for protection of a spouse's community property interest
in the public retirement or pension benefit of a member or retiree of a state or statewide
retirement system.
The state public retirement systems are:
(1)The Louisiana State Employees' Retirement System (LASERS);
(2)The Teachers' Retirement System of Louisiana (Teachers');
(3)The Louisiana School Employees' Retirement System (LSERS); and
(4)The State Police Pension and Retirement System (SPPRS).
The statewide public retirement systems are:
(1)The Assessors' Retirement Fund (LARF);
(2)The Clerks of Court Retirement and Relief Fund (Clerks);
(3)The District Attorneys' Retirement System (DARS);
(4)The Firefighters' Retirement System (FRS);
(5)The Municipal Employees' Retirement System of Louisiana (MERS);
(6)The Municipal Police Employees' Retirement System (MPERS);
(7)The Parochial Employees' Retirement System of Louisiana (PERS); SB NO. 13
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(8)The Registrars of Voters Employees' Retirement System (ROVERS); and
(9)The Sheriffs' Pension and Relief Fund (Sheriffs').
Proposed law retains present law.
Present law (R.S. 11:292) provides that notwithstanding any other provision of present law
to the contrary, any retirement allowance, benefit, or refund of accumulated contributions
paid to any member, former member, or retiree under the provisions of any public retirement
system, or the portion of a retirement allowance, benefit, or refund of accumulated
contributions paid to a spouse or former spouse under the provisions of present law (R.S.
11:291) shall be subject to garnishment or court-ordered assignment to pay child support.
Proposed law retains present law.
Various provisions of present law specific to particular public retirement or pension systems,
plans, or funds provide that any annuity, retirement allowance or benefit, or refund of
contributions, or any optional benefit or any other benefit paid or payable to any person
under the provisions of present law is exempt from any state or municipal tax and is exempt
from levy and sale, garnishment, attachment, or any other process whatsoever, and is
unassignable.
Proposed law retains present law.
Some provisions of present law regarding such exemptions specify that garnishment or
assignment pursuant to present law (R.S. 11:292) is an exception to the provisions
exempting retirement or pension benefits from execution. Provide that benefits may be
garnished or assigned pursuant to present law.
Proposed law retains present law. These provisions apply to LASERS, Teachers', LSERS,
SPPRS, LARF, Clerks, DARS, MERS, the Employees' Retirement System of the city of
Baton Rouge and the parish of East Baton Rouge, the Employees' Retirement System of the
city of Shreveport, ROVERS, Sheriffs', MPERS, FRS, the Firemen's Pension and Relief
Fund for the City of Bossier City, and the Policemen's Pension and Relief Fund for the city
of Bossier City.
Other provisions of present law exempting retirement or pension benefits from garnishment
or execution do not contain a specific reference to the exception for seizure for child support
in present law (R.S. 11:292), although such exception applies to the benefits. These
provisions apply to judges and court officers; members of the Teachers' Optional Retirement
Plan; Orleans Parish school employees; LSU Retirement System members; employees of the
city of Alexandria and of the city of Bogalusa; firefighters in the city of Alexandria, the
consolidated fire districts of Bastrop, the city of Bossier City, the city of Houma, the city of
Lake Charles, the city of Monroe, the city of New Orleans, Fire Protection District Number
One for the parish of Ouachita, the city of Shreveport, and the city of West Monroe; police
officers in any municipality having a population between 7,500 and 250,000 and in the city
of Lafayette; and employees of the New Orleans Sewerage and Water Board.
Proposed law retains present law and adds specific reference to the applicable exception for
child support contained in present law.
Proposed law provides that the pension or retirement benefit of a member, former member,
or retiree payable from any public retirement or pension system, plan, or fund may be
subject to seizure or garnishment for payment of any restitution or fine, or any costs of
incarceration, probation, or parole, imposed upon conviction of or a plea of guilty or nolo
contendere to a felony associated with the service as an elected official or public employee
for which such retirement benefit was earned or accrued. SB NO. 13
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Proposed law provides that such garnishment shall not impinge on the community property
interest of a spouse or former spouse not subject to the garnishment.
Proposed law specifies that, notwithstanding any provision of law to the contrary, a
garnishment authorized pursuant to proposed law may be continuing in nature as necessary
to pay the court-ordered restitution or fine in full.
Effective July 1, 2010.
(Amends R.S. 11: 292, 570, 930, 951.3, 952.3, 1378, 1905, 3014, 3051, 3111, 3140, 3198,
3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and 3823
and R.S. 13:3881(D)(1))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Benefit may be garnished also for costs of incarceration, probation, or parole.
2. Allows garnishment of retirement benefit of public employee to pay fine,
restitution, or costs of incarceration, probation, or parole.
3. Provides that a garnishment shall not impinge on the community property
interest of a spouse or former spouse not subject to the garnishment.
4. Technical amendments.