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Exemption of particular property - 42 Pa. Cons. Stat. § 8124Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 8124. Exemption of particular property.
(a) Goods.--The following personal property of the judgment
debtor shall be exempt from attachment or execution on a
judgment:
(1) Wearing apparel.
(2) Bibles and school books.
(3) Sewing machines belonging to seamstresses or used
and owned by private families, but not including sewing
machines kept for sale or hire.
(4) Uniforms and accoutrements as provided by 51 Pa.C.S.
§ 4103 (relating to exemption of uniforms and equipment).
(b) Retirement funds and accounts.--
(1) Except as provided in paragraph (2), the following
money or other property of the judgment debtor shall be
exempt from attachment or execution on a judgment:
(i) Certain amounts payable under the Public School
Employees' Retirement Code as provided by 24 Pa.C.S. §
8533 (relating to taxation, attachment and assignment of
funds).
(ii) Certain amounts payable under the State
Employees' Retirement Code as provided by 71 Pa.C.S. §
5953 (relating to taxation, attachment and assignment of
funds).
(iii) The retirement allowance provided for in the
act of May 24, 1893 (P.L.129, No.82).
(iv) Compensation or pension provided for in the act
of May 20, 1915 (P.L.566, No.242).
(v) Compensation or pension provided for in the act
of May 28, 1915 (P.L.596, No.259).
(vi) The retirement allowance, contributions and
returned contributions under the act of February 1, 1974
(P.L.34, No.15), known as the "Pennsylvania Municipal
Retirement Law."
(vii) Any pension or annuity, whether by way of a
gratuity or otherwise, granted or paid by any private
corporation or employer to a retired employee under a
plan or contract which provides that the pension or
annuity shall not be assignable.
(viii) Any retirement or annuity fund of any self-
employed person (to the extent of payments thereto made
while solvent, but not exceeding the amount actually
excluded or deducted as retirement funding for Federal
income tax purposes) and the appreciation thereon, the
income therefrom and the benefits or annuity payable
thereunder.
(ix) Any retirement or annuity fund provided for
under section 401(a), 403(a) and (b), 408, 408A, 409 or
530 of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 401(a), 403(a) and (b), 408, 408A, 409
or 530), the appreciation thereon, the income therefrom,
the benefits or annuity payable thereunder and transfers
and rollovers between such funds. This subparagraph shall
not apply to:
(A) Amounts contributed by the debtor to the
retirement or annuity fund within one year before the
debtor filed for bankruptcy. This shall not include
amounts directly rolled over from other funds which
are exempt from attachment under this subparagraph.
(B) Amounts contributed by the debtor to the
retirement or annuity fund in excess of $15,000
within a one-year period. This shall not include
amounts directly rolled over from other funds which
are exempt from attachment under this subparagraph.
(C) Amounts deemed to be fraudulent conveyances.
(2) The exemptions provided by paragraph (1)(i) through
(vi) shall be subject to any inconsistent provision of the
act of July 8, 1978 (P.L.752, No.140), known as the "Public
Employee Pension Forfeiture Act."
(c) Insurance proceeds.--The following property or other
rights of the judgment debtor shall be exempt from attachment or
execution on a judgment:
(1) Certain amounts paid, provided or rendered by a
fraternal benefit society as provided by 40 Pa.C.S. § 6531
(relating to benefits not attachable).
(2) Claims and compensation payments under the act of
June 2, 1915 (P.L.736, No.338), known as "The Pennsylvania
Workmen's Compensation Law," except as otherwise provided in
the act.
(3) Any policy or contract of insurance or annuity
issued to a solvent insured who is the beneficiary thereof,
except any part thereof exceeding an income or return of $100
per month.
(4) Any amount of proceeds retained by the insurer at
maturity or otherwise under the terms of an annuity or policy
of life insurance if the policy or a supplemental agreement
provides that such proceeds and the income therefrom shall
not be assignable.
(5) Any policy of group insurance or the proceeds
thereof.
(6) The net amount payable under any annuity contract or
policy of life insurance made for the benefit of or assigned
to the spouse, children or dependent relative of the insured,
whether or not the right to change the named beneficiary is
reserved by or permitted to the insured. The preceding
sentence shall not be applicable to the extent the judgment
debtor is such spouse, child or other relative.
(7) The net amount payable under any accident or
disability insurance.
(8) Certain amounts paid, provided or rendered by a
fraternal benefit society as provided by section 305 of the
act of July 29, 1977 (P.L.105, No.38), known as the
"Fraternal Benefit Society Code."
(9) Certain amounts paid, provided or rendered under the
provisions of section 106(f) of the act of July 19, 1974
(P.L.489, No.176), known as the "Pennsylvania No-fault Motor
Vehicle Insurance Act."
(10) Certain amounts paid, provided or rendered under
the provisions of section 703 of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
"Unemployment Compensation Law."
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,
P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326,
eff. 60 days; Oct. 12, 1990, P.L.531, No.128, eff. 60 days; Feb.
18, 1998, P.L.170, No.26, eff. imd.; Dec. 20, 2000, P.L.742,
No.105, eff. 60 days)
2000 Amendment. Act 105 amended subsec. (b)(1)(ix).
1982 Amendment. Act 326 added subsec. (c)(9) and (10).
1980 Amendment. Act 142 reenacted and amended subsec. (b),
retroactive to the effective date of the act of July 8, 1978
(P.L.752, No.140), known as the Public Employee Pension
Forfeiture Act, and added subsec. (c)(8). Section 210(d) of Act
142 provided that, notwithstanding 1 Pa.C.S. § 1957 (relating to
ineffective provisions not revived by reenactment in amendatory
statutes), it is hereby declared to be the intent of (the
amendment affecting subsec. (b)) to restore such provisions to
their status prior to the partial repeal effected by section 5
of the Public Employee Pension Forfeiture Act except as
otherwise expressly provided by such provisions as reenacted and
amended hereby.
1984 Partial Repeal. Section 8 of the act of February 12,
1984 (P.L.26, No.11), relating to motor vehicle financial
responsibility, repealed section 8124(c)(9) insofar as it is
inconsistent with Act 11.
References in Text. The act of July 19, 1974 (P.L.489,
No.176), known as the Pennsylvania No-fault Motor Vehicle
Insurance Act, referred to in subsec. (c)(9), was repealed by
the act of February 12, 1984 (P.L.26, No.11). The subject matter
is now contained in Chapter 17 of Title 75 (Vehicles).
Section 305 of the act of July 29, 1977 (P.L.105, No.38),
known as the Fraternal Benefit Society Code, referred to in
subsec. (c)(8), is repealed. The subject matter is now contained
in section 403 of the act of December 14, 1992 (P.L.835,
No.134), known as the Fraternal Benefit Societies Code.
Section 6531 of Title 40 (Insurance), referred to in subsec.
(c)(1), is repealed. The subject matter is now contained in
section 403 of the act of December 14, 1992 (P.L.835, No.134),
known as the Fraternal Benefit Societies Code.
The short title of the act of June 2, 1915 (P.L.736, No.338),
known as The Pennsylvania Workmen's Compensation Act, referred
to in subsec. (c)(2), was amended by the act of July 2, 1993
(P.L.190, No.44). The amended short title is now the Workers'
Compensation Act.
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