Washington D.C. State Bankruptcy Exemptions
§ 6.13.030. Homestead exemption limited
A homestead may consist of lands, as described in RCW 6.13.010, regardless of
area, but the homestead exemption amount shall not exceed the lesser of (1) the
total net value of the lands, mobile home, improvements, and other personal
property, as described in RCW 6.13.010, or (2) the sum of forty thousand
dollars in the case of lands, mobile home, and improvements, or the sum of
fifteen thousand dollars in the case of other personal property described in
RCW 6.13.010, except where the homestead is subject to execution, attachment,
or seizure by or under any legal process whatever to satisfy a judgment in
favor of any state for failure to pay that state's income tax on benefits
received while a resident of the state of Washington from a pension or other
retirement plan, in which event there shall be no dollar limit on the value of
the exemption.
§ 6.15.010. Exempt property
Except as provided in RCW 6.15.050, the following personal property shall be
exempt from execution, attachment, and garnishment:
(1) All wearing apparel of every individual and family, but not to exceed one
thousand dollars in value in furs, jewelry, and personal ornaments for any
individual.
(2) All private libraries of every individual, but not to exceed fifteen
hundred dollars in value, and all family pictures and keepsakes.
(3) To each individual or, as to community property of spouses maintaining a
single household as against a creditor of the community, to the community:
(a) The individual's or community's household goods, appliances, furniture, and
home and yard equipment, not to exceed two thousand seven hundred dollars in
value for the individual or five thousand four hundred dollars for the
community, said amount to include provisions and fuel for the comfortable
maintenance of the individual or community;
(b) Other personal property, except personal earnings as provided under RCW
6.15.050(1), not to exceed two thousand dollars in value, of which not more
than two hundred dollars in value may consist of cash, and of which not more
than two hundred dollars in value may consist of bank accounts, savings and
loan accounts, stocks, bonds, or other securities;
(c) For an individual, a motor vehicle used for personal transportation, not to
exceed two thousand five hundred dollars or for a community two motor vehicles
used for personal transportation, not to exceed five thousand dollars in
aggregate value;
(d) Any past due, current, or future child support paid or owed to the debtor,
which can be traced;
(e) All professionally prescribed health aids for the debtor or a dependent of
the debtor; and
(f) To any individual, the right to or proceeds of a payment not to exceed
sixteen thousand one hundred fifty dollars on account of personal bodily
injury, not including pain and suffering or compensation for actual pecuniary
loss, of the debtor or an individual of whom the debtor is a dependent; or the
right to or proceeds of a payment in compensation of loss of future earnings of
the debtor or an individual of whom the debtor is or was a dependent, to the
extent reasonably necessary for the support of the debtor and any dependent of
the debtor. The exemption under this subsection (3)(f) does not apply to the
right of the state of Washington, or any agent or assignee of the state, as a
lienholder or subrogee under RCW 43.20B.060.
(4) To each qualified individual, one of the following exemptions:
(a) To a farmer, farm trucks, farm stock, farm tools, farm equipment, supplies
and seed, not to exceed five thousand dollars in value;
(b) To a physician, surgeon, attorney, clergyman, or other professional person,
the individual's library, office furniture, office equipment and supplies, not
to exceed five thousand dollars in value;
(c) To any other individual, the tools and instruments and materials used to
carry on his or her trade for the support of himself or herself or family, not
to exceed five thousand dollars in value.
For purposes of this section, "value" means the reasonable market value of the
debtor's interest in an article or item at the time it is selected for
exemption, exclusive of all liens and encumbrances thereon.
§ 6.15.020. Pension money exempt -- Exceptions -- Transfer of spouse's interest
in individual retirement account.
(1) It is the policy of the state of Washington to ensure the well-being of its
citizens by protecting retirement income to which they are or may become
entitled. For that purpose generally and pursuant to the authority granted to
the state of Washington under 11 U.S.C. Sec. 522(b)(2), the exemptions in this
section relating to retirement benefits are provided.
(2) Unless otherwise provided by federal law, any money received by any citizen
of the state of Washington as a pension from the government of the United
States, whether the same be in the actual possession of such person or be
deposited or loaned, shall be exempt from execution, attachment, garnishment,
or seizure by or under any legal process whatever, and when a debtor dies, or
absconds, and leaves his or her family any money exempted by this subsection,
the same shall be exempt to the family as provided in this subsection. This
subsection shall not apply to child support collection actions issued under
chapter 26.18, 26.23, or 74.20A RCW, if otherwise permitted by federal law.
(3) The right of a person to a pension, annuity, or retirement allowance or
disability allowance, or death benefits, or any optional benefit, or any other
right accrued or accruing to any citizen of the state of Washington under any
employee benefit plan, and any fund created by such a plan or arrangement,
shall be exempt from execution, attachment, garnishment, or seizure by or under
any legal process whatever. This subsection shall not apply to child support
collection actions issued under chapter 26.18, 26.23, or 74.20A RCW if
otherwise permitted by federal law. This subsection shall permit benefits under
any such plan or arrangement to be payable to a spouse, former spouse, child,
or other dependent of a participant in such plan to the extent expressly
provided for in a qualified domestic relations order that meets the
requirements for such orders under the plan, or, in the case of benefits
payable under a plan described in sections 403(b) or 408 of the internal
revenue code of 1986, as amended, or section 409 of such code as in effect
before January 1, 1984, to the extent provided in any order issued by a court
of competent jurisdiction that provides for maintenance or support. This
subsection shall not prohibit actions against an employee benefit plan, or fund
for valid obligations incurred by the plan or fund for the benefit of the plan
or fund.
(4) For the purposes of this section, the term "employee benefit plan" means any
plan or arrangement that is described in RCW 49.64.020, including any Keogh
plan, whether funded by a trust or by an annuity contract, and in sections
401(a) or 403(a) of the internal revenue code of 1986, as amended; or that is a
tax-sheltered annuity described in section 403(b) of such code or an individual
retirement account described in section 408 of such code; or a Roth individual
retirement account described in section 408A of such code; or a medical savings
account described in section 220 of such code; or an education individual
retirement account described in section 530 of such code; or a retirement bond
described in section 409 of such code as in effect before January 1, 1984. The
term "employee benefit plan" also means any rights accruing on account of money
paid currently or in advance for purchase of tuition units under the advanced
college tuition payment program in chapter 28B.95 RCW. The term "employee
benefit plan" shall not include any employee benefit plan that is established
or maintained for its employees by the government of the United States, by the
state of Washington under chapter 2.10, 2.12, 41.26, 41.32, 41.34, 41.35, 41.40
or 43.43 RCW or RCW 41.50.770, or by any agency or instrumentality of the
government of the United States.
(5) An employee benefit plan shall be deemed to be a spendthrift trust,
regardless of the source of funds, the relationship between the trustee or
custodian of the plan and the beneficiary, or the ability of the debtor to
withdraw or borrow or otherwise become entitled to benefits from the plan
before retirement. This subsection shall not apply to child support collection
actions issued under chapter 26.18, 26.23, or 74.20A RCW, if otherwise
permitted by federal law. This subsection shall permit benefits under any such
plan or arrangement to be payable to a spouse, former spouse, child, or other
dependent of a participant in such plan to the extent expressly provided for in
a qualified domestic relations order that meets the requirements for such
orders under the plan, or, in the case of benefits payable under a plan
described in sections 403(b) or 408 of the internal revenue code of 1986, as
amended, or section 409 of such code as in effect before January 1, 1984, to
the extent provided in any order issued by a court of competent jurisdiction
that provides for maintenance or support.
(6) Unless contrary to applicable federal law, nothing contained in subsection
(3), (4), or (5) of this section shall be construed as a termination or
limitation of a spouse's community property interest in an individual
retirement account held in the name of or on account of the other spouse, the
account holder spouse. At the death of the nonaccount holder spouse, the
nonaccount holder spouse may transfer or distribute the community property
interest of the nonaccount holder spouse in the account holder spouse's
individual retirement account to the nonaccount holder spouse's estate,
testamentary trust, inter vivos trust, or other successor or successors
pursuant to the last will of the nonaccount holder spouse or the law of
intestate succession, and that distributee may, but shall not be required to,
obtain an order of a court of competent jurisdiction, including a nonjudicial
dispute resolution agreement entered into pursuant to *RCW 11.96.170 or other
order entered under chapter 11.96A RCW, to confirm the distribution. For
purposes of subsection (3) of this section, the distributee of the nonaccount
holder spouse's community property interest in an individual retirement account
shall be considered a person entitled to the full protection of subsection (3)
of this section. The nonaccount holder spouse's consent to a beneficiary
designation by the account holder spouse with respect to an individual
retirement account shall not, absent clear and convincing evidence to the
contrary, be deemed a release, gift, relinquishment, termination, limitation,
or transfer of the nonaccount holder spouse's community property interest in an
individual retirement account. For purposes of this subsection, the term
"nonaccount holder spouse" means the spouse of the person in whose name the
individual retirement account is maintained. The term "individual retirement
account" includes an individual retirement account and an individual retirement
annuity both as described in section 408 of the internal revenue code of 1986,
as amended, a Roth individual retirement account as described in section 408A
of the internal revenue code of 1986, as amended, and an individual retirement
bond as described in section 409 of the internal revenue code as in effect
before January 1, 1984. As used in this subsection, an order of a court of
competent jurisdiction includes an agreement, as that term is used under RCW
11.96A.220.
§ 6.15.025. Exemption of pension or retirement plan benefits from execution for
judgment for out-of-state income tax
Where a judgment is in favor of any state for failure to pay that state's
income tax on benefits received while a resident of the state of Washington
from a pension or other retirement plan, all property in this state, real or
personal, tangible or intangible, of a judgment debtor shall be exempt from
execution, attachment, garnishment, or seizure by or under any legal process
whatever, and when a debtor dies, or absconds, and leaves his or her spouse and
dependents any property exempted by this section, the same shall be exempt to
the surviving spouse and dependents.
§ 6.15.030. Insurance money on exempt property exempt
If property, which by the laws of this state is exempt from execution,
attachment, or garnishment, is insured and the same is lost, stolen, or
destroyed, then the insurance money coming to or belonging to the person thus
insured, to an amount equal to the exempt property thus destroyed, shall be
exempt from execution, attachment, and garnishment.
§ 6.15.040. Separate property of spouse exempt
All real and personal property belonging to any married person at the time of
his or her marriage, and all which he or she may have acquired subsequently to
such marriage, or to which he or she shall hereafter become entitled in his or
her own right, and all his or her personal earnings, and all the issues, rents
and profits of such real property, shall be exempt from execution, attachment,
and garnishment upon any liability or judgment against the other spouse, so
long as he or she or any minor heir of his or her body shall be living:
PROVIDED, That the separate property of each spouse shall be liable for debts
owing by him or her at the time of marriage.
§ 6.27.150. Exemption of earnings -- Amount
(1) Except as provided in subsection (2) of this section, if the garnishee is
an employer owing the defendant earnings, then for each week of such earnings,
an amount shall be exempt from garnishment which is the greatest of the
following:
(a) Thirty times the federal minimum hourly wage prescribed by section
206(a)(1) of Title 29 of the United States Code in effect at the time the
earnings are payable; or
(b) Seventy-five percent of the disposable earnings of the defendant.
(2) In the case of a garnishment based on a judgment or other court order for
child support or court order for spousal maintenance, other than a mandatory
wage assignment order pursuant to chapter 26.18 RCW, or a mandatory assignment
of retirement benefits pursuant to chapter 41.50 RCW, the exemption shall be
fifty percent of the disposable earnings of the defendant if the individual is
supporting a spouse or dependent child (other than a spouse or child on whose
behalf the garnishment is brought), or forty percent of the disposable earnings
of the defendant if the individual is not supporting such a spouse or dependent
child.
(3) The exemptions stated in this section shall apply whether such earnings are
paid, or are to be paid, weekly, monthly, or at other intervals, and whether
earnings are due the defendant for one week, a portion thereof, or for a longer
period.
(4) Unless directed otherwise by the court, the garnishee shall determine and
deduct exempt amounts under this section as directed in the writ of garnishment
and answer, and shall pay these amounts to the defendant.
(5) No money due or earned as earnings as defined in RCW 6.27.010 shall be
exempt from garnishment under the provisions of RCW 6.15.010, as now or
hereafter amended.
§ 51.32.040. Protection of awards -- Payment after death -- Time limitations for
filing -- Confinement in institution
(1) Except as provided in RCW 43.20B.720, 72.09.111, 74.20A.260, and 51.32.380,
no money paid or payable under this title shall, before the issuance and
delivery of the check or warrant, be assigned, charged, or taken in execution,
attached, garnished, or pass or be paid to any other person by operation of
law, any form of voluntary assignment, or power of attorney. Any such
assignment or charge is void unless the transfer is to a financial institution
at the request of a worker or other beneficiary and made in accordance with RCW
51.32.045.
(2) (a) If any worker suffers (i) a permanent partial injury and dies from some
other cause than the accident which produced the injury before he or she
receives payment of the award for the permanent partial injury or (ii) any
other injury before he or she receives payment of any monthly installment
covering any period of time before his or her death, the amount of the
permanent partial disability award or the monthly payment, or both, shall be
paid to the surviving spouse or the child or children if there is no surviving
spouse. If there is no surviving spouse and no child or children, the award or
the amount of the monthly payment shall be paid by the department or
self-insurer and distributed consistent with the terms of the decedent's will
or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(b) If any worker suffers an injury and dies from it before he or she receives
payment of any monthly installment covering time loss for any period of time
before his or her death, the amount of the monthly payment shall be paid to the
surviving spouse or the child or children if there is no surviving spouse. If
there is no surviving spouse and no child or children, the amount of the
monthly payment shall be paid by the department or self-insurer and distributed
consistent with the terms of the decedent's will or, if the decedent dies
intestate, consistent with the terms of RCW 11.04.015.
(c) Any application for compensation under this subsection (2) shall be filed
with the department or self-insuring employer within one year of the date of
death. The department or self-insurer may satisfy its responsibilities under
this subsection (2) by sending any payment due in the name of the decedent and
to the last known address of the decedent.
(3) (a) Any worker or beneficiary receiving benefits under this title who is
subsequently confined in, or who subsequently becomes eligible for benefits
under this title while confined in, any institution under conviction and
sentence shall have all payments of the compensation canceled during the period
of confinement. After discharge from the institution, payment of benefits due
afterward shall be paid if the worker or beneficiary would, except for the
provisions of this subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her employment while
participating in a work or training release program authorized by chapter 72.65
RCW and is subject to the provisions of this title, he or she is entitled to
payments under this title, subject to the requirements of chapter 72.65 RCW,
unless his or her participation in the program has been canceled, or unless he
or she is returned to a state correctional institution, as defined in RCW
72.65.010(3), as a result of revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during the confinement period
during which benefits are canceled under (a) or (b) of this subsection, they
shall be paid directly the monthly benefits which would have been paid to the
worker for himself or herself and the worker's beneficiaries had the worker not
been confined.
(4) Any lump sum benefits to which a worker would otherwise be entitled but for
the provisions of this section shall be paid on a monthly basis to his or her
beneficiaries.
§ 50.40.020. Exemption of benefits
Any assignment, pledge, or encumbrance of any right to benefits which are or
may become due or payable under this title shall be void. Such rights to
benefits shall be exempt from levy, execution, attachment, or any other remedy
whatsoever provided for the collection of debts, except as provided in RCW
50.40.050. Benefits received by any individual, so long as they are not
commingled with other funds of the recipient, shall be exempt from any remedy
whatsoever for collection of all debts except debts incurred for necessaries
furnished such individual or his spouse or dependents during the time when such
individual was unemployed. Any waiver of any exemption provided for in this
section shall be void.
§ 48.18.400. Exemption of proceeds -- Disability
The proceeds or avails of all contracts of disability insurance and of
provisions providing benefits on account of the insured's disability which are
supplemental to life insurance or annuity contracts heretofore or hereafter
effected shall be exempt from all liability for any debt of the insured, and
from any debt of the beneficiary existing at the time the proceeds are made
available for his use.
§ 48.18.410. Exemption of proceeds -- Life
(1) The lawful beneficiary, assignee, or payee of a life insurance policy,
other than an annuity, heretofore or hereafter effected by any person on his
own life, or on the life of another, in favor of a person other than himself,
shall be entitled to the proceeds and avails of the policy against the
creditors and representatives of the insured and of the person effecting the
insurance, and such proceeds and avails shall also be exempt from all liability
for any debt of such beneficiary, existing at the time the proceeds or avails
are made available for his own use.
(2) The provisions of subsection (1) of this section shall apply
(a) whether or not the right to change the beneficiary is reserved or permitted
in the policy; or
(b) whether or not the policy is made payable to the person whose life is
insured or to his estate if the beneficiary, assignee or payee shall predecease
such person; except, that this subsection shall not be construed so as to
defeat any policy provision which provides for disposition of proceeds in the
event the beneficiary shall predecease the insured.
(3) The exemptions provided by subsection (1) of this section, subject to the
statute of limitations, shall not apply
(a) to any claim to or interest in such proceeds or avails by or on behalf of
the insured, or the person so effecting the insurance, or their administrators
or executors, in whatever capacity such claim is made or such interest is
asserted; or
(b) to any claim to or interest in such proceeds or avails by or on behalf of
any person to whom rights thereto have been transferred with intent to defraud
creditors; but an insurer shall be liable to all such creditors only as to
amounts aggregating not to exceed the amount of such proceeds or avails
remaining in the insurer's possession at the time the insurer receives at its
home office written notice by or on behalf of such creditors, of claims to
recover for such transfer, with specification of the amounts claimed; or
(c) to so much of such proceeds or avails as equals the amount of any premiums
or portion thereof paid for the insurance with intent to defraud creditors,
with interest thereon, and if prior to the payment of such proceeds or avails
the insurer has received at its home office written notice by or on behalf of
the creditor, of a claim to recover for premiums paid with intent to defraud
creditors, with specification of the amount claimed.
(4) For the purposes of subsection (1) of this section a policy shall also be
deemed to be payable to a person other than the insured if and to the extent
that a facility-of-payment clause or similar clause in the policy permits the
insurer to discharge its obligation after the death of the individual insured
by paying the death benefits to a person as permitted by such clause.
(5) No person shall be compelled to exercise any rights, powers, options or
privileges under any such policy.
§ 48.18.420. Exemption of proceeds -- Group life
(1) A policy of group life insurance or the proceeds thereof payable to the
individual insured or to the beneficiary thereunder, shall not be liable,
either before or after payment, to be applied to any legal or equitable process
to pay any liability of any person having a right under the policy. The
proceeds thereof, when not made payable to a named beneficiary or to a third
person pursuant to a facility-of-payment clause, shall not constitute a part of
the estate of the individual insured for the payment of his debts.
(2) This section shall not apply to group life insurance policies issued under
RCW 48.24.040 (debtor groups) to the extent that such proceeds are applied to
payment of the obligation for the purpose of which the insurance was so issued.
§ 48.18.430. Exemption of proceeds, commutation -- Annuities
(1) The benefits, rights, privileges and options which under any annuity
contract heretofore or hereafter issued are due or prospectively due the
annuitant who paid the consideration for the annuity contract, shall not be
subject to execution nor shall the annuitant be compelled to exercise any such
rights, powers or options, nor shall creditors be allowed to interfere with or
terminate the contract, except:
(a) As to amounts paid for or as premium on any such annuity with intent to
defraud creditors, with interest thereon, and of which the creditor has given
the insurer written notice at its home office prior to the making of the
payments to the annuitant out of which the creditor seeks to recover. Any such
notice shall specify the amount claimed or such facts as will enable the
insurer to ascertain such amount, and shall set forth such facts as will enable
the insurer to ascertain the insurance or annuity contract, the person insured
or annuitant and the payments sought to be avoided on the ground of fraud.
(b) The total exemption of benefits presently due and payable to any annuitant
periodically or at stated times under all annuity contracts under which he is
an annuitant, shall not at any time exceed two hundred and fifty dollars per
month for the length of time represented by such installments, and that such
periodic payment in excess of two hundred and fifty dollars per month shall be
subject to garnishee execution to the same extent as are wages and salaries.
(c) If the total benefits presently due and payable to any annuitant under all
annuity contracts under which he is an annuitant, shall at any time exceed
payment at the rate of two hundred and fifty dollars per month, then the court
may order such annuitant to pay to a judgment creditor or apply on the
judgment, in installments, such portion of such excess benefits as to the court
may appear just and proper, after due regard for the reasonable requirements of
the judgment debtor and his family, if dependent upon him, as well as any
payments required to be made by the annuitant to other creditors under prior
court orders.
(2) The benefits, rights, privileges or options accruing under such contract to
a beneficiary or assignee shall not be transferable nor subject to commutation,
and if the benefits are payable periodically or at stated times, the same
exemptions and exceptions contained herein for the annuitant, shall apply with
respect to such beneficiary or assignee.
(3) An annuity contract within the meaning of this section shall be any
obligation to pay certain sums at stated times, during life or lives, or for a
specified term or terms, issued for a valuable consideration, regardless of
whether or not such sums are payable to one or more persons, jointly or
otherwise, but does not include payments under life insurance contracts at
stated times during life or lives, or for a specified term or terms.
§ 74.08.210. Grants not assignable nor subject to execution
Grants awarded under this title shall not be transferable or assignable, at law
or in equity, and none of the money paid or payable under this title shall be
subject to execution, levy, attachment, garnishment, or other legal process, or
to the operation of bankruptcy or insolvency law.
§ 74.13.070. Moneys in possession of secretary not subject to certain proceedings
None of the moneys or other funds which come into the possession of the
secretary under chapter 169, Laws of 1971 ex. sess. shall be subject to
execution, levy, attachment, garnishment or other legal process or other
operation of any bankruptcy or insolvency law.
§ 6.32.250. Property exempt from seizure
This chapter does not authorize the seizure of, or other interference with, (1)
any property which is expressly exempt by law from levy and sale by virtue of
an execution, attachment, or garnishment; or (2) any money, thing in action or
other property held in trust for a judgment debtor where the trust has been
created by, or the fund so held in trust has proceeded from, a person other
than the judgment debtor; or (3) the earnings of the judgment debtor for
personal services to the extent they would be exempt against garnishment of the
employer under RCW 6.27.150.
§ 68.24.220. Burying place exempt from execution
Whenever any part of *such burying ground shall have been designated and
appropriated by the proprietors thereof as the burying place of any particular
person or family, the same shall not be liable to be taken or disposed of by
any warrant or execution, for any tax or debt whatever; nor shall the same be
liable to be sold to satisfy the demands of creditors whenever the estate of
such owner shall be insolvent.
§ 68.20.120. Sold lots exempt from taxes, etc. -- Nonprofit associations
Burial lots, sold by *such association shall be for the sole purpose of
interment, and shall be exempt from taxation, execution, attachment or other
claims, lien or process whatsoever, if used as intended, exclusively for burial
purposes and in nowise with a view to profit.
§ 41.44.240. Rights immune from legal process -- Exceptions
The right of a person to a pension, annuity or a retirement allowance, to the
return of contribution, the pension, annuity or retirement allowance itself,
any optional benefit, any other right accrued or accruing to any person under
the provisions of this chapter, and the moneys in the fund created under this
chapter shall not be subject to execution, garnishment, or any other process
whatsoever. This section shall not apply to child support collection actions
taken under chapter 26.18, 26.23, or 74.20A RCW against benefits payable under
any such plan or arrangement. Benefits under this chapter shall be payable to a
spouse or ex-spouse to the extent expressly provided for in any court decree of
dissolution or legal separation or in any court order or court-approved
property settlement agreement incident to any court decree of dissolution or
legal separation.
§ 41.28.200. Exemption from process -- Rights not assignable
The right of a person to a pension, an annuity or a retirement allowance, to
the return of contributions, the pension, annuity or retirement allowance
itself, any optional benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the fund created under
this chapter shall not be subject to execution, garnishment, attachment, or any
other process whatsoever and shall be unassignable except as in this chapter
specifically provided.
§ 41.20.180. Exemption from taxation and judicial process -- Exception --
Assignability
The right of a person to a pension, an annuity, or retirement allowance, or
disability allowance, or death benefits, or any optional benefit, or any other
right accrued or accruing to any person under the provisions of this chapter,
and any fund created hereby, and all moneys and investments and income thereof,
are exempt from any state, county, municipal, or other local tax, and shall not
be subject to execution, garnishment, attachment, the operation of bankruptcy
or insolvency laws, or other process of law whatsoever, and shall be
unassignable: PROVIDED, That benefits under this chapter shall be payable to a
spouse or ex-spouse to the extent expressly provided for in any court decree of
dissolution or legal separation or in any court order or court-approved
property settlement agreement incident to any court decree of dissolution or
legal separation.
§ 43.43.310. Benefits exempt from taxation and legal process -- Assignability --
Exceptions -- Deductions for group insurance premiums or for state patrol
memorial foundation contributions
(1) Except as provided in subsections (2) and (3) of this section, the right of
any person to a retirement allowance or optional retirement allowance under the
provisions hereof and all moneys and investments and income thereof are exempt
from any state, county, municipal, or other local tax and shall not be subject
to execution, garnishment, attachment, the operation of bankruptcy or the
insolvency laws, or other processes of law whatsoever and shall be unassignable
except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the department of
retirement systems from complying with (a) a wage assignment order for child
support issued pursuant to chapter 26.18 RCW, (b) an order to withhold and
deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll
deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits assignment
order issued pursuant to chapter 41.50 RCW, (e) a court order directing the
department of retirement systems to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court order expressly
authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to prohibit a
beneficiary of a retirement allowance from authorizing deductions therefrom for
payment of premiums due on any group insurance policy or plan issued for the
benefit of a group comprised of members of the Washington state patrol or other
public employees of the state of Washington, or for contributions to the
Washington state patrol memorial foundation.
§ 41.40.052. Exemption from taxation and judicial process -- Exceptions --
Assignability -- Deductions authorized
(1) Subject to subsections (2) and (3) of this section, the right of a person
to a pension, an annuity, or retirement allowance, any optional benefit, any
other right accrued or accruing to any person under the provisions of this
chapter, the various funds created by this chapter, and all moneys and
investments and income thereof, are hereby exempt from any state, county,
municipal, or other local tax, and shall not be subject to execution,
garnishment, attachment, the operation of bankruptcy or insolvency laws, or
other process of law whatsoever, and shall be unassignable.
(2) (a) This section shall not be deemed to prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom for payment of
premiums due on any group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its political
subdivisions and which has been approved for deduction in accordance with rules
that may be adopted by the state health care authority and/or the department,
and this section shall not be deemed to prohibit a beneficiary of a retirement
allowance from authorizing deductions therefrom for payment of dues and other
membership fees to any retirement association or organization the membership of
which is composed of retired public employees, if a total of three hundred or
more of such retired employees have authorized such deduction for payment to
the same retirement association or organization.
(b) This section does not prohibit a beneficiary of a retirement allowance from
authorizing deductions from that allowance for charitable purposes on the same
terms as employees and public officers under RCW 41.04.035 and 41.04.036.
(3) Subsection (1) of this section shall not prohibit the department from
complying with (a) a wage assignment order for child support issued pursuant to
chapter 26.18 RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW
26.23.060, (d) a mandatory benefits assignment order issued by the department,
(e) a court order directing the department of retirement systems to pay
benefits directly to an obligee under a dissolution order as defined in RCW
41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any
administrative or court order expressly authorized by federal law.
§ 41.32.052. Exemption from taxation and judicial process -- Exceptions --
Nonassignability -- Deductions authorized
(1) Subject to subsections (2) and (3) of this section, the right of a person
to a pension, an annuity, a retirement allowance, or disability allowance, to
the return of contributions, any optional benefit or death benefit, any other
right accrued or accruing to any person under the provisions of this chapter
and the moneys in the various funds created by this chapter shall be
unassignable, and are hereby exempt from any state, county, municipal or other
local tax, and shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency laws, or other process of law whatsoever.
(2) This section shall not be deemed to prohibit a beneficiary of a retirement
allowance who is eligible:
(a) Under RCW 41.05.080 from authorizing monthly deductions therefrom for
payment of premiums due on any group insurance policy or plan issued for the
benefit of a group comprised of public employees of the state of Washington or
its political subdivisions;
(b) Under a group health care benefit plan approved pursuant to RCW 28A.400.350
or 41.05.065 from authorizing monthly deductions therefrom, of the amount or
amounts of subscription payments, premiums, or contributions to any person,
firm, or corporation furnishing or providing medical, surgical, and hospital
care or other health care insurance; or
(c) Under this system from authorizing monthly deductions therefrom for payment
of dues and other membership fees to any retirement association composed of
retired teachers and/or public employees pursuant to a written agreement
between the director and the retirement association.
Deductions under (a) and (b) of this subsection shall be made in accordance
with rules that may be adopted by the director.
(3) Subsection (1) of this section shall not prohibit the department from
complying with (a) a wage assignment order for child support issued pursuant to
chapter 26.18 RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW
26.23.060, (d) a mandatory benefits assignment order issued by the department,
(e) a court order directing the department of retirement systems to pay
benefits directly to an obligee under a dissolution order as defined in RCW
41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any
administrative or court order expressly authorized by federal law.
§ 2.10.180. Benefits exempt from taxation and judicial process -- Exceptions --
Deductions for group insurance premiums
(1) Except as provided in subsections (2), (3), and (4) of this section, the
right of a person to a retirement allowance, disability allowance, or death
benefit, the retirement, disability or death allowance itself, any optional
benefit, any other right accrued or accruing to any person under the provisions
of this chapter, and the moneys in the fund created under this chapter, are
hereby exempt from any state, county, municipal, or other local tax and shall
not be subject to execution, garnishment, or any other process of law
whatsoever.
(2) Subsection (1) of this section shall not be deemed to prohibit a
beneficiary of a retirement allowance from authorizing deductions therefrom for
payment of premiums due on any group insurance policy or plan issued for the
benefit of a group comprised of public employees of the state of Washington.
(3) Deductions made in the past from retirement benefits are hereby expressly
recognized, ratified, and affirmed. Future deductions may only be made in
accordance with this section.
(4) Subsection (1) of this section shall not prohibit the department of
retirement systems from complying with (a) a wage assignment order for child
support issued pursuant to chapter 26.18 RCW, (b) a notice of payroll deduction
issued under chapter 26.23 RCW, (c) an order to withhold and deliver issued
pursuant to chapter 74.20A RCW, (d) a mandatory benefits assignment order
issued pursuant to chapter 41.50 RCW, (e) a court order directing the
department of retirement systems to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court order expressly
authorized by federal law.
§ 2.12.090. Benefits exempt from taxation and judicial process -- Exceptions --
Deductions for group insurance premiums
(1) Except as provided in subsections (2), (3), and (4) of this section, the
right of any person to a retirement allowance or optional retirement allowance
under the provisions of this chapter and all moneys and investments and income
thereof are exempt from any state, county, municipal, or other local tax and
shall not be subject to execution, garnishment, attachment, the operation of
bankruptcy or the insolvency laws, or other processes of law whatsoever and
shall be unassignable except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the department of
retirement systems from complying with (a) a wage assignment order for child
support issued pursuant to chapter 26.18 RCW, (b) a notice of payroll deduction
issued under chapter 26.23 RCW, (c) an order to withhold and deliver issued
pursuant to chapter 74.20A RCW, (d) a mandatory benefits assignment order
issued pursuant to chapter 41.50 RCW, (e) a court order directing the
department of retirement systems to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court order expressly
authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to prohibit a
beneficiary of a retirement allowance from authorizing deductions therefrom for
payment of premiums due on any group insurance policy or plan issued for the
benefit of a group comprised of public employees of the state of Washington.
(4) Deductions made in the past from retirement benefits are hereby expressly
recognized, ratified, and affirmed. Future deductions may only be made in
accordance with this section.
§ 48.36A.180. Protection of benefits
No money or other benefit, charity, relief, or aid to be paid, provided or
rendered by any society, shall be liable to attachment, garnishment, or other
process, or to be seized, taken, appropriated, or applied by any legal or
equitable process or operation of law to pay any debt or liability of a member
or beneficiary, or any other person who may have a right thereunder, either
before or after payment by the society.
§ 7.68.070. Benefits -- Right to and amount -- Limitations
The right to benefits under this chapter and the amount thereof will be
governed insofar as is applicable by the provisions contained in chapter 51.32
RCW except as provided in this section:
(1) The provisions contained in RCW 51.32.015, 51.32.030, 51.32.072, 51.32.073,
51.32.180, 51.32.190, and 51.32.200 are not applicable to this chapter.
(2) Each victim injured as a result of a criminal act, including criminal acts
committed between July 1, 1981, and January 1, 1983, or the victim's family or
dependents in case of death of the victim, are entitled to benefits in
accordance with this chapter, subject to the limitations under RCW 7.68.015.
The rights, duties, responsibilities, limitations, and procedures applicable to
a worker as contained in RCW 51.32.010 are applicable to this chapter.
(3) The limitations contained in RCW 51.32.020 are applicable to claims under
this chapter. In addition thereto, no person or spouse, child, or dependent of
such person is entitled to benefits under this chapter when the injury for
which benefits are sought, was:
(a) The result of consent, provocation, or incitement by the victim, unless an
injury resulting from a criminal act caused the death of the victim;
(b) Sustained while the crime victim was engaged in the attempt to commit, or
the commission of, a felony; or
(c) Sustained while the victim was confined in any county or city jail, federal
jail or prison or in any other federal institution, or any state correctional
institution maintained and operated by the department of social and health
services or the department of corrections, prior to release from lawful
custody; or confined or living in any other institution maintained and operated
by the department of social and health services or the department of
corrections.
(4) The benefits established upon the death of a worker and contained in RCW
51.32.050 shall be the benefits obtainable under this chapter and provisions
relating to payment contained in that section shall equally apply under this
chapter: PROVIDED, That benefits for burial expenses shall not exceed the
amount paid by the department in case of the death of a worker as provided in
chapter 51.32 RCW in any claim: PROVIDED FURTHER, That if the criminal act
results in the death of a victim who was not gainfully employed at the time of
the criminal act, and who was not so employed for at least three consecutive
months of the twelve months immediately preceding the criminal act;
(a) Benefits payable to an eligible surviving spouse, where there are no
children of the victim at the time of the criminal act who have survived the
victim or where such spouse has legal custody of all of his or her children,
shall be limited to burial expenses and a lump sum payment of seven thousand
five hundred dollars without reference to number of children, if any;
(b) Where any such spouse has legal custody of one or more but not all of such
children, then such burial expenses shall be paid, and such spouse shall
receive a lump sum payment of three thousand seven hundred fifty dollars and
any such child or children not in the legal custody of such spouse shall
receive a lump sum of three thousand seven hundred fifty dollars to be divided
equally among such child or children;
(c) If any such spouse does not have legal custody of any of the children, the
burial expenses shall be paid and the spouse shall receive a lump sum payment
of up to three thousand seven hundred fifty dollars and any such child or
children not in the legal custody of the spouse shall receive a lump sum
payment of up to three thousand seven hundred fifty dollars to be divided
equally among the child or children;
(d) If no such spouse survives, then such burial expenses shall be paid, and
each surviving child of the victim at the time of the criminal act shall
receive a lump sum payment of three thousand seven hundred fifty dollars up to
a total of two such children and where there are more than two such children
the sum of seven thousand five hundred dollars shall be divided equally among
such children.
No other benefits may be paid or payable under these circumstances.
(5) The benefits established in RCW 51.32.060 for permanent total disability
proximately caused by the criminal act shall be the benefits obtainable under
this chapter, and provisions relating to payment contained in that section
apply under this chapter: PROVIDED, That if a victim becomes permanently and
totally disabled as a proximate result of the criminal act and was not
gainfully employed at the time of the criminal act, the victim shall receive
monthly during the period of the disability the following percentages, where
applicable, of the average monthly wage determined as of the date of the
criminal act pursuant to RCW 51.08.018:
(a) If married at the time of the criminal act, twenty-nine percent of the
average monthly wage.
(b) If married with one child at the time of the criminal act, thirty-four
percent of the average monthly wage.
(c) If married with two children at the time of the criminal act, thirty-eight
percent of the average monthly wage.
(d) If married with three children at the time of the criminal act, forty-one
percent of the average monthly wage.
(e) If married with four children at the time of the criminal act, forty-four
percent of the average monthly wage.
(f) If married with five or more children at the time of the criminal act,
forty-seven percent of the average monthly wage.
(g) If unmarried at the time of the criminal act, twenty-five percent of the
average monthly wage.
(h) If unmarried with one child at the time of the criminal act, thirty percent
of the average monthly wage.
(i) If unmarried with two children at the time of the criminal act, thirty-four
percent of the average monthly wage.
(j) If unmarried with three children at the time of the criminal act,
thirty-seven percent of the average monthly wage.
(k) If unmarried with four children at the time of the criminal act, forty
percent of the average monthly wage.
(l) If unmarried with five or more children at the time of the criminal act,
forty-three percent of the average monthly wage.
(6) The benefits established in RCW 51.32.080 for permanent partial disability
shall be the benefits obtainable under this chapter, and provisions relating to
payment contained in that section equally apply under this chapter.
(7) The benefits established in RCW 51.32.090 for temporary total disability
shall be the benefits obtainable under this chapter, and provisions relating to
payment contained in that section apply under this chapter: PROVIDED, That no
person is eligible for temporary total disability benefits under this chapter
if such person was not gainfully employed at the time of the criminal act, and
was not so employed for at least three consecutive months of the twelve months
immediately preceding the criminal act.
(8) The benefits established in RCW 51.32.095 for continuation of benefits
during vocational rehabilitation shall be benefits obtainable under this
chapter, and provisions relating to payment contained in that section apply
under this chapter: PROVIDED, That benefits shall not exceed five thousand
dollars for any single injury.
(9) The provisions for lump sum payment of benefits upon death or permanent
total disability as contained in RCW 51.32.130 apply under this chapter.
(10) The provisions relating to payment of benefits to, for or on behalf of
workers contained in RCW 51.32.040, 51.32.055, 51.32.100, 51.32.110, 51.32.120,
51.32.135, 51.32.140, 51.32.150, 51.32.160, and 51.32.210 are applicable to
payment of benefits to, for or on behalf of victims under this chapter.
(11) No person or spouse, child, or dependent of such person is entitled to
benefits under this chapter where the person making a claim for such benefits
has refused to give reasonable cooperation to state or local law enforcement
agencies in their efforts to apprehend and convict the perpetrator(s) of the
criminal act which gave rise to the claim.
(12) In addition to other benefits provided under this chapter, victims of
sexual assault are entitled to receive appropriate counseling. Fees for such
counseling shall be determined by the department in accordance with RCW
51.04.030, subject to the limitations of RCW 7.68.080. Counseling services may
include, if determined appropriate by the department, counseling of members of
the victim's immediate family, other than the perpetrator of the assault.
(13) Except for medical benefits authorized under RCW 7.68.080, no more than
thirty thousand dollars shall be granted as a result of a single injury or
death, except that benefits granted as the result of total permanent disability
or death shall not exceed forty thousand dollars.
(14) Notwithstanding other provisions of this chapter and Title 51 RCW,
benefits payable for total temporary disability under subsection (7) of this
section, shall be limited to fifteen thousand dollars.
(15) Any person who is responsible for the victim's injuries, or who would
otherwise be unjustly enriched as a result of the victim's injuries, shall not
be a beneficiary under this chapter.
(16) Crime victims' compensation is not available to pay for services covered
under chapter 74.09 RCW or Title XIX of the federal social security act, except
to the extent that the costs for such services exceed service limits
established by the department of social and health services or, during the
1993-95 fiscal biennium, to the extent necessary to provide matching funds for
federal medicaid reimbursement.
(17) In addition to other benefits provided under this chapter, immediate
family members of a homicide victim may receive appropriate counseling to
assist in dealing with the immediate, near-term consequences of the related
effects of the homicide. Fees for counseling shall be determined by the
department in accordance with RCW 51.04.030, subject to the limitations of RCW
7.68.080. Payment of counseling benefits under this section may not be provided
to the perpetrator of the homicide. The benefits under this subsection may be
provided only with respect to homicides committed on or after July 1, 1992.
(18) A dependent mother, father, stepmother, or stepfather, as defined in RCW
51.08.050, who is a survivor of her or his child's homicide, who has been
requested by a law enforcement agency or a prosecutor to assist in the judicial
proceedings related to the death of the victim, and who is not domiciled in
Washington state at the time of the request, may receive a lump-sum payment
upon arrival in this state. Total benefits under this subsection may not exceed
seven thousand five hundred dollars. If more than one dependent parent is
eligible for this benefit, the lump-sum payment of seven thousand five hundred
dollars shall be divided equally among the dependent parents.
§ 51.32.040. Protection of awards -- Payment after death -- Time limitations for
filing -- Confinement in institution
(1) Except as provided in RCW 43.20B.720, 72.09.111, 74.20A.260, and 51.32.380,
no money paid or payable under this title shall, before the issuance and
delivery of the check or warrant, be assigned, charged, or taken in execution,
attached, garnished, or pass or be paid to any other person by operation of
law, any form of voluntary assignment, or power of attorney. Any such
assignment or charge is void unless the transfer is to a financial institution
at the request of a worker or other beneficiary and made in accordance with RCW
51.32.045.
(2) (a) If any worker suffers (i) a permanent partial injury and dies from some
other cause than the accident which produced the injury before he or she
receives payment of the award for the permanent partial injury or (ii) any
other injury before he or she receives payment of any monthly installment
covering any period of time before his or her death, the amount of the
permanent partial disability award or the monthly payment, or both, shall be
paid to the surviving spouse or the child or children if there is no surviving
spouse. If there is no surviving spouse and no child or children, the award or
the amount of the monthly payment shall be paid by the department or
self-insurer and distributed consistent with the terms of the decedent's will
or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(b) If any worker suffers an injury and dies from it before he or she receives
payment of any monthly installment covering time loss for any period of time
before his or her death, the amount of the monthly payment shall be paid to the
surviving spouse or the child or children if there is no surviving spouse. If
there is no surviving spouse and no child or children, the amount of the
monthly payment shall be paid by the department or self-insurer and distributed
consistent with the terms of the decedent's will or, if the decedent dies
intestate, consistent with the terms of RCW 11.04.015.
(c) Any application for compensation under this subsection (2) shall be filed
with the department or self-insuring employer within one year of the date of
death. The department or self-insurer may satisfy its responsibilities under
this subsection (2) by sending any payment due in the name of the decedent and
to the last known address of the decedent.
(3) (a) Any worker or beneficiary receiving benefits under this title who is
subsequently confined in, or who subsequently becomes eligible for benefits
under this title while confined in, any institution under conviction and
sentence shall have all payments of the compensation canceled during the period
of confinement. After discharge from the institution, payment of benefits due
afterward shall be paid if the worker or beneficiary would, except for the
provisions of this subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her employment while
participating in a work or training release program authorized by chapter 72.65
RCW and is subject to the provisions of this title, he or she is entitled to
payments under this title, subject to the requirements of chapter 72.65 RCW,
unless his or her participation in the program has been canceled, or unless he
or she is returned to a state correctional institution, as defined in RCW
72.65.010(3), as a result of revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during the confinement period
during which benefits are canceled under (a) or (b) of this subsection, they
shall be paid directly the monthly benefits which would have been paid to the
worker for himself or herself and the worker's beneficiaries had the worker not
been confined.
(4) Any lump sum benefits to which a worker would otherwise be entitled but for
the provisions of this section shall be paid on a monthly basis to his or her
beneficiaries.
§ 72.65.060. Earnings not subject to legal process
The earnings of a work release participant shall not be subject to garnishment,
attachment, or execution while such earnings are either in the possession of
the employer or any state officer authorized to hold such funds, except for
payment of a court-ordered legal financial obligation as that term is defined
in RCW 72.11.010.
§ 11.92.060. Guardian to represent incapacitated person -- Compromise of claims
-- Service of process
(1) GUARDIAN MAY SUE AND BE SUED. When there is a guardian of the estate, all
actions between the incapacitated person or the guardian and third persons in
which it is sought to charge or benefit the estate of the incapacitated person
shall be prosecuted by or against the guardian of the estate as such. The
guardian shall represent the interests of the incapacitated person in the
action and all process shall be served on him or her. A guardian or limited
guardian of the estate shall report to the court any action commenced against
the incapacitated person and shall secure court approval prior to initiating
any legal action in the name of the incapacitated person.
(2) JOINDER, AMENDMENT AND SUBSTITUTION. When the guardian of the estate is
under personal liability for his or her own contracts and acts made and
performed on behalf of the estate the guardian may be sued both as guardian and
in his or her personal capacity in the same action. Misnomer or the bringing of
the action by or against the incapacitated person shall not be grounds for
dismissal of the action and leave to amend or substitute shall be freely
granted. If an action was commenced by or against the incapacitated person
before the appointment of a guardian of his or her estate, such guardian when
appointed may be substituted as a party for the incapacitated person. If the
appointment of the guardian of the estate is terminated, his or her successor
may be substituted; if the incapacitated person dies, his or her personal
representative may be substituted; if the incapacitated person is no longer
incapacitated the person may be substituted.
(3) GARNISHMENT, ATTACHMENT AND EXECUTION. When there is a guardian of the
estate, the property and rights of action of the incapacitated person shall not
be subject to garnishment or attachment, except for the foreclosure of a
mortgage or other lien, and execution shall not issue to obtain satisfaction of
any judgment against the incapacitated person or the guardian of the person's
estate as such.
(4) COMPROMISE BY GUARDIAN. Whenever it is proposed to compromise or settle any
claim by or against the incapacitated person or the guardian as such, whether
arising as a result of personal injury or otherwise, and whether arising before
or after appointment of a guardian, the court on petition of the guardian of
the estate, if satisfied that such compromise or settlement will be for the
best interests of the incapacitated person, may enter an order authorizing the
settlement or compromise be made.
(5) LIMITED GUARDIAN. Limited guardians may serve and be served with process or
actions on behalf of the incapacitated person, but only to the extent provided
for in the court order appointing a limited guardian.
Note: Exemptions may have changed since our last update. For the latest updates on these property exemptions, speak to a local bankruptcy lawyer.
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