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Pennsylvania's Property Exemptions: Clothing, Books, Retirement, Insurance - Prof. Sheldon, Study notes of Business and Labour Law

The personal property exempt from attachment or execution on a judgment in pennsylvania, including wearing apparel, bibles and school books, sewing machines, retirement funds, and insurance proceeds. The document also specifies the types of retirement funds and insurance proceeds that are exempt, such as those under the public school employees' retirement code and the state employees' retirement code.

Typology: Study notes

Pre 2010

Uploaded on 09/02/2009

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Download Pennsylvania's Property Exemptions: Clothing, Books, Retirement, Insurance - Prof. Sheldon and more Study notes Business and Labour Law in PDF only on Docsity! Pennsylvania Consolidated Statutes Judiciary and Judicial Procedure (Title 42) § 8124. Exemption of particular property. (a) Goods.--The following personal property of the judgment debtor shall be exempt from attachment or execution on a judgment: 1. Wearing apparel. 2. Bibles and school books. 3. Sewing machines belonging to seamstresses or used and owned by private families, but not including sewing machines kept for sale or hire. 4. Uniforms and accoutrements (relating to exemption of uniforms and equipment). (b) Retirement funds and accounts.-- 1. Except as provided in paragraph (2), the following money or other property of the judgment debtor shall be exempt from attachment or execution on a judgment: (i) Certain amounts payable under the Public School Employees' Retirement Code as provided by 24 Pa.C.S. § 8533 (relating to taxation, attachment and assignment of funds). (ii) Certain amounts payable under the State Employees' Retirement Code as provided by 71 Pa.C.S. § 5953 (relating to taxation, attachment and assignment of funds). (iii) The retirement allowance provided for in the act of May 24, 1893 (P.L.129, No.82). (iv) Compensation or pension provided for in the act of May 20, 1915 (P.L.566, No.242). (v) Compensation or pension provided for in the act of May 28, 1915 (P.L.596, No.259). (vi) The retirement allowance, contributions and returned contributions . . . known as the "Pennsylvania Municipal Retirement Law." (vii) Any pension or annuity, whether by way of a gratuity or otherwise, granted or paid by any private corporation or employer to a retired employee under a plan or contract which provides that the pension or annuity shall not be assignable. (viii) Any retirement or annuity fund of any self-employed person (to the extent of payments thereto made while solvent, but not exceeding the amount actually excluded or deducted as retirement funding for Federal income tax purposes) and the appreciation thereon, the income therefrom and the benefits or annuity payable thereunder. (ix) Any retirement or annuity fund provided for under section 401(a), 403(a) and (b), 408 or 409 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401(a), 403(a) and (b), 408 or 409), the appreciation thereon, the income therefrom and the benefits or annuity payable thereunder and transfers and rollovers between such funds. This subparagraph shall not apply to: (A) Amounts contributed by the debtor to the retirement or annuity fund within one year before the debtor filed for bankruptcy. This shall not include amounts directly rolled over from other funds which are exempt from attachment under this subparagraph. (B) Amounts contributed by the debtor to the retirement or annuity fund in excess of $15,000 within a one-year period. This shall not include amounts directly rolled over form other funds which are exempt from attachment under this subparagraph. (C) Amounts deemed to be fraudulent conveyances. (c) Insurance proceeds.--The following property or other rights of the judgment debtor shall be exempt from attachment or execution on a judgment: 1. Certain amounts paid, provided or rendered by a fraternal benefit society as provided by 40 Pa.C.S. § 6531 (relating to benefits not attachable).
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