Idaho § 59-1317 - Rights to benefits inalienable
Full text of Idaho Idaho Statutes § 59-1317 — Rights to benefits inalienable, with citation guidance and answers to common questions.
§ 59-1317. Rights to benefits inalienable
[effective until January 1, 2027] (1) The right of a person to any benefits under this chapter and the money in any fund created by this chapter shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency law.
(2) Notwithstanding subsection (1) of this section, the benefits of a member or alternate payee shall be subject to garnishment, execution, or wage withholding under chapter 12, title 7 , Idaho Code, for the enforcement of an order for the support of a minor child.
(3) Notwithstanding subsection (1) of this section, prior to July 1, 1998, should a court order direct distribution or partial distribution of a member benefit defined in either chapter 13, title 59 , Idaho Code, or chapter 14, title 72 , Idaho Code, be made to the member’s spouse or former spouse, that member’s full benefit entitlement will be forwarded to the court for distribution.
(4) Notwithstanding subsection (1) of this section, on or after July 1, 1998, should a court order direct distribution or partial distribution of a member’s benefit defined in either chapter 13, title 59 , Idaho Code, or chapter 14, title 72 , Idaho Code, be made to the member’s spouse or former spouse, the court order must be an approved domestic retirement order and shall comply with the requirements of sections 59-1319 and 59-1320 , Idaho Code.
(5) Notwithstanding subsection (1) of this section, should a court order establish a trust pursuant to section 15-5-409 , Idaho Code, the full benefit entitlement will be forwarded to the trustee, naming the trustee as payee.
59-1317. Rights to benefits inalienable. [effective January 1, 2027] (1) The right of a person to any benefits under this chapter and the money in any fund created by this chapter shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency law.
(2) Notwithstanding subsection (1) of this section, the benefits of a member or alternate payee shall be subject to garnishment, execution, or wage withholding under chapter 12, title 7 , Idaho Code, for the enforcement of an order for the support of a minor child.
(3) Notwithstanding subsection (1) of this section, prior to July 1, 1998, should a court order direct distribution or partial distribution of a member benefit defined in either chapter 13, title 59 , Idaho Code, or chapter 14, title 72 , Idaho Code, be made to the member’s spouse or former spouse, that member’s full benefit entitlement will be forwarded to the court for distribution.
(4) Notwithstanding subsection (1) of this section, on or after July 1, 1998, should a court order direct distribution or partial distribution of a member’s benefit defined in either chapter 13, title 59 , Idaho Code, or chapter 14, title 72 , Idaho Code, be made to the member’s spouse or former spouse, the court order must be an approved domestic retirement order and shall comply with the requirements of sections 59-1319 and 59-1320 , Idaho Code.
(5) Notwithstanding subsection (1) of this section, should a court order establish a trust pursuant to chapter 5, title 15 , Idaho Code, the full benefit entitlement will be forwarded to the trustee, naming the trustee as payee.
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 59-1317
What does Idaho Statutes § 59-1317 cover?
Section 59-1317 ("Rights to benefits inalienable") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 59-1317?
A common citation format is "Idaho Statutes § 59-1317" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 59-1317 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.