§ 11-10-109 — Protection of rights and benefits - Assignment, pledge, or encumbrance of benefits prohibited

(a) Except as elsewhere provided in this section and § 11-10-110 , any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. (b) Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt. (c) Benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessities furnished to such individual or his or her spouse or dependents during the time when that individual was unemployed. (d) Any waiver of any exemption provided for in this section and § 11-10-110 shall be void. (e) Benefits shall be subject to tax levies issued by the Internal Revenue Service in accordance with 26 U.S.C. § 6331(h) provided that an agreement is entered into between the Internal Revenue Service and the Division of Workforce Services and approved by the United States Department of Labor that provides for the payment of all administrative costs associated with processing the tax levies.

Legislative History

Amended by Act 2019, No. 910,§ 175, eff. 7/1/2019. Acts 1941, No. 391, § 15; 1981 (Ex. Sess.), No. 37, § 2; A.S.A. 1947, § 81-1118; Acts 1999, No. 1116, § 2.