Louisiana 2018 Regular Session

Louisiana House Bill HB359

Introduced
3/1/18  
Introduced
3/1/18  
Refer
3/1/18  
Refer
3/1/18  
Refer
3/12/18  

Caption

Provides relative to the exemption from seizure of certain retirement accounts

Impact

The bill's modifications aim to provide greater financial security for Louisiana residents by ensuring that their retirement savings, including various forms of Individual Retirement Accounts (IRAs) and annuities, are shielded from being seized for debt repayment. By expanding the categories of exempt assets, the law supports the goal of promoting savings for retirement and ensuring individuals can maintain their standard of living in their later years. The exemption aligns state laws more closely with federal guidelines concerning retirement accounts, potentially reducing confusion among account holders.

Summary

House Bill 359, introduced by Representative Foil, amends R.S. 13:3881(D)(3) to update the exemptions from seizure related to retirement accounts. The bill's primary purpose is to broaden the definition of 'tax-deferred arrangement' to encompass additional types of accounts and plans that offer deferred tax benefits. It explicitly clarifies which retirement accounts are protected from seizure, thereby enhancing the protections available for individuals' retirement savings against legal claims and creditor actions.

Sentiment

Overall, the sentiment surrounding HB 359 appears to be largely positive, as it addresses a critical issue concerning financial security and asset protection for those preparing for retirement. Supporters of the bill emphasize that it will offer more reassurance to individuals about the safety of their retirement funds. There is a notion among advocacy groups that protecting retirement accounts is essential for economic stability and personal financial independence, which resonates well with the public and stakeholders concerned about retirement challenges.

Contention

While the bill seems to enjoy support, there could be concerns among financial institutions regarding the impact of these changes on debt recovery processes. Some critics might argue that overly broad exemptions may hinder creditors' ability to recover debts, potentially leading to a form of moral hazard. However, this debate has not been prominent in the discussions surrounding HB 359, which generally underscore the importance of protecting individuals' financial futures in the face of economic uncertainty.

Companion Bills

No companion bills found.

Previously Filed As

LA HCR52

Requests the Louisiana State Law Institute to study exemptions from seizure of certain retirement accounts

LA SB649

Relating to the exemption of certain property from seizure by creditors.

LA HB2081

Relating to the exemption of certain property from seizure by creditors.

LA SB1810

Relating to the exemption of certain retirement accounts from access by creditors.

LA HB2779

Relating to the exemption for certain savings plans from attachment, execution, or other seizure for a creditor's claim.

LA SB1167

Relating to the exemption for certain savings plans from attachment, execution, or other seizure for a creditor's claim.

LA HB255

Provides relative to certain exemptions from seizure during bankruptcy

LA HB572

Provides relative to exemptions from seizure

LA S3780

Provides gross income tax exclusion for distributions from individual retirement accounts to qualified charitable organizations.

LA SB448

Modifies provisions relating to income tax exemptions for certain retirement benefits

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