Colorado § 31-30-1117 - Exemption from levy.

§ 31-30-1117. Exemption from levy.

(1) Except for an assignment for child support purposes as provided in sections 14-10-118 (1) and 14-14-107, as they existed prior to July 1, 1996, and except for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., and a writ of garnishment that is the result of a judgment taken for arrearages for child support or for child support debt, no part of the fund, either before or after any order for distribution of the fund to a fire department member, retired fire department member, or beneficiary of the fund or the surviving spouse or guardian of any child of a deceased or disabled fire department member or of a deceased, disabled, or retired fire department member shall be held, seized, taken, subjected to, detained, or levied on by virtue of any attachment, execution, protest, or proceeding of any nature whatsoever issued out of or by any court in this or any other state for the payment or satisfaction of all or part of any debt, damages, claim, demand, judgment, fine, or amercement of the municipality or district or of a fire department member, retired fire department member, or their surviving spouses, dependent children, or designated beneficiaries.

(2) Except as provided in section 31-30-1118, the fund must be kept, secured, and distributed for the purpose of issuing pensions and protecting the persons named in this part 11 and for no other purpose whatsoever; except that the board may annually spend moneys as it deems proper and necessary from the fund for necessary expenses connected with the fund.

Source: L. 95: Entire part added, p. 1372, § 2, effective June 5. L. 96: (1) amended, p. 626, § 44, effective July 1.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provision similar to this section.

Intent of section. Section 31-30-313 and this section are obviously intended to protect the pension funds from attachment and levy by creditors. Conrad v. City of Thornton, 191 Colo. 444, 553 P.2d 822 (1976).

Reason for restriction on use of pension funds. Section 31-30-313 and this section place a restriction on the use of pension funds in order to secure the funds for the use and benefit of the firemen and policemen who contributed to the fund. Conrad v. City of Thornton, 191 Colo. 444, 553 P.2d 822 (1976).