§ 1-20-110 — Exemption for retirement funds and accounts

(a) The following are exempt from execution, attachment,
garnishment or any other legal process:
(i) The interest of an individual or beneficiary in a
retirement plan;
(A) Repealed by Laws 2015, ch. 108, § 2.
(B) Repealed by Laws 2015, ch. 108, § 2.
(ii) Money or other assets payable to an individual
from a retirement plan;
(iii) The interest of a beneficiary in a retirement
plan if the beneficiary acquired the interest as the result of
the death of an individual. The beneficiary's interest is exempt
to the same extent that the individual's interest was exempt
immediately before the death of the individual;
(iv) All property in this state of the judgment
debtor where the judgment is in favor of any state or any
political subdivision of any state for failure to pay that
state's or political subdivision's income tax on benefits
received from a pension or other retirement plan. This
paragraph shall apply only to judgments obtained after the
judgment debtor has established residency in Wyoming and has
been domiciled in Wyoming for at least one hundred eighty (180)
days; and
(v) Money or other assets payable to a beneficiary
from a retirement plan if the beneficiary acquired the money or
other assets as the result of the death of an individual. The
beneficiary's interest is exempt to the same extent that the
individual's interest in the money or other assets was exempt
immediately before the death of the individual.
(b) The exemptions in subsection (a) of this section do
not apply to a contribution made by an individual to a
retirement plan within ninety (90) days before the individual
files for bankruptcy.
(c) Any fund, plan or account specified in subsection (a)
of this section is not exempt from the claim of an alternate
payee under a qualified domestic relations order. However, the
interest of an alternate payee under a qualified domestic
relations order is exempt from all claims of any creditor of the
alternate payee.
(d) As used in this section:
(i) "Alternate payee" means any spouse, former
spouse, child or other dependent of an individual who is
recognized by a domestic relations order as having a right to
receive all, or a portion of, the benefits payable under a
retirement plan with respect to such individual;
(ii) "Beneficiary" includes a person, trust or
trustee who has, before or after the death of an individual, a
direct or indirect beneficial interest in a retirement plan;
(iii) "Beneficial interest" includes an interest that
is acquired:
(A) As a designated beneficiary, survivor,
co-annuitant, heir or legatee; or
(B) If excludable from gross income under the
Internal Revenue Code as:
(I) A rollover under 26 U.S.C. section 408
or 408A;
(II) A distribution from one (1) retirement
plan to another retirement plan;
(III) A distribution under 26 U.S.C section
402 if the distributed amount is contributed to another
retirement plan within sixty (60) days of the distribution; or
(IV) A distribution that is legally similar
to a distribution under subdivision (I), (II) or (III) of this
subparagraph.
(iv) "Individual" means a participant in, owner of or
alternative payee of a retirement plan;
(v) "Qualified domestic relations order" means as
that term is defined by 26 U.S.C. section 414(p);
(vi) "Retirement plan" means a plan, account or
annuity that is qualified under 26 U.S.C. section 401, 403, 408,
408A, 409, 414 or 457 as amended.