Delaware General Assembly


CHAPTER 337

FORMERLY

SENATE BILL NO. 356

AN ACT TO AMEND TITLES 11, 29 AND 16, DELAWARE CODE, RELATING TO

ATTACHMENT AND ASSIGNMENT OF PENSION PLAN BENEFITS:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §8353, Title 11, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer."

Section 2. Amend §8803, Title 11, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer."

Section 3. Amend r§5553, Title 29, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer."

Section 4. Amend §5304, Title 29, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer."

Section 5. Amend §6653, Title 16, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer."

Section 6. Amend Chapter 83, Title 11, Delaware Code, by adding thereto a new section to be designated as Section 8333 to read as follows:

"§8333. Attachment and assignment of benefits.

Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer."

Section 7. Amend Chapter 5d, Title 29, Delaware Code, by adding thereto a new section to be designated as Section 5620 to read as follow:

§5620. Attachment and assignment of benefits.

Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer."

Approved June 29, 1998