HOUSE OF REPRESENTATIVES

H.B. NO.

805

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VETERANS DISABILITY BENEFITS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 651, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§651-    Veterans disability compensation benefits; exemption.  (a)  Federal disability compensation benefits, as determined by the United States Department of Veterans Affairs disability compensation benefits rate and awarded to veterans for service-connected disabilities, pursuant to title 38 United States Code chapter 11:

     (1)  Are exempt from the claim of creditors;

     (2)  Are not subject to attachment, levy, or seizure under any legal or equitable process, as provided by federal law; and

     (3)  May not be awarded to any other person.

     (b)  Only that portion of a veteran's disability benefits that is not considered to be the veteran's disability compensation, as determined by the United States Department of Veterans Affairs disability compensation benefits rate, shall be subject to child and spousal support enforcement under title 42 United States Code section 659(h)(1)(A)(ii)(V)."

     SECTION 2.  This Act shall not apply to any action filed before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2030.


 


 

Report Title:

Veterans Disability Benefits; Attachment; Exemption

 

Description:

Exempts federal veterans disability compensation benefits from seizure to enforce a court judgment.  Provides that only that portion of a veteran's disability benefits that is not considered to be the veteran's disability compensation shall be subject to child and spousal support enforcement.  (HB805 HD2)

 

 

 

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