§ 52-06-30 — Assignment of benefits prohibited - Benefits exempt from remedies for collection of debt - Exception

North Dakota § 52-06-30

• Jurisdiction: North Dakota
• Title 52: Social Security
• Ch. 52-06: Benefits

Text

collection of debt - Exception.
1. No assignment, pledge, or encumbrance of any right to benefits which are or may
become due or payable under the North Dakota unemployment compensation law is
valid. Such rights to benefits are exempt from levy, execution, attachment, or any other
remedy provided for the collection of a debt. Benefits received by any individual, as
long as they are not mingled with other funds of the recipient, are exempt from any
remedy for the collection of all debts except debts incurred for necessaries furnished
to the individual, that person's spouse, or dependents during the time when the
individual was unemployed. No waiver of any exemption provided for in this subsection
is valid. However, this subsection does not impair the operation of subsection 2 or
section 52-06-06.1 or the continuous levy authorized under Public Law No. 105-34,
section 1024 [111 Stat. 923-924; 26 U.S.C. 6331(h)].
2. An individual filing a new claim for unemployment compensation benefits, at the time
of filing the claim, must be advised that:
a. Unemployment compensation is subject to federal income tax and state income
tax;
b. Requirements exist pertaining to estimated federal and state tax payments;
c. The individual may elect to have federal income tax deducted and withheld from
the individual's payment of unemployment compensation benefits at the amount
specified in the federal Internal Revenue Code;
d. The individual, having elected to have federal income tax withheld, may also elect
to have state income tax deducted and withheld from the individual's payment of
unemployment compensation at a rate determined by the tax commissioner
pursuant to section 57-38-59; and
e. The individual is permitted to change a previously elected withholding status.
Amounts deducted and withheld from unemployment compensation must remain
in the unemployment fund until transferred to the federal and state taxing
authority as payment of income tax. The bureau shall follow all procedures
specified by the United States department of labor, the federal internal revenue
service, and the tax commissioner pertaining to the deducting and withholding of
income tax. Amounts must be deducted and withheld under this section only after
amounts are deducted and withheld for any overpayments of unemployment
compensation, child support obligations, or any other amounts required to be
deducted and withheld under this chapter.