US Lawyer Database

Section 43-45-15 – Legislative intent.

43-45-15. Legislative intent. The Legislature of the State of South Dakota hereby declares that §§43-45-16 to 43-45-18, inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, §4. The Legislature hereby finds §§43-45-16 to 43-45-18, inclusive, is […]

Section 43-45-17 – Employee benefit plan defined.

43-45-17. Employee benefit plan defined. For the purposes of §§43-45-16 to 43-45-18, inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in §401, 403(a), 403(b), 408, 408A, 409, […]

Section 43-45-18 – Court determination of appropriate exemption.

43-45-18. Court determination of appropriate exemption. In the event that any court of South Dakota finds the exemption provided in §43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, §4. Source: SL 1997, ch 250, §4.

Section 43-45-13 – Certain federal bankruptcy exemptions not available.

43-45-13.Certain federal bankruptcy exemptions not available. In accordance with the provision of §522(b) of the Bankruptcy Code of 1978 (11 U.S.C. §522(b)), residents of this state are not entitled to the federal exemptions provided in §522(d) of the Bankruptcy Code of 1978 (11 U.S. C. §522(d)), exemptions which this state specifically does not authorize. Nothing […]

Section 43-45-14 – Exemption of earnings from garnishment process or levy-Bankruptcy.

43-45-14. Exemption of earnings from garnishment process or levy-Bankruptcy. For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§21-18-51 to 21-18-53, inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. §301 et. seq. only, a debtor’s claimed exemptions may include […]