FOR AN ACT ENTITLED, An Act  to revise the property exempt from attachment or mesne process, sale on execution, and any other final process issued by any court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 43-45 be amended by adding thereto a NEW SECTION to read as follows:

     Any money received by any person as a pension from the government of the United States is exempt from execution, attachment, or seizure through any legal process. If the person dies or leaves such person's family, any money received by such person as a pension from the government of the United States is exempt from execution, attachment, or seizure through any legal process.
     Section  2.  That chapter 43-45 be amended by adding thereto a NEW SECTION to read as follows:

     The right of a person to a pension, annuity, retirement allowance, death benefits, any optional benefit, any other right accrued or accruing to any citizen of the state of South Dakota under any employee benefit plan, and any fund created by such a plan or arrangement is exempt from execution, attachment, or seizure through any legal process. The benefits under any such

plan or arrangement may also be payable to a spouse, former spouse, child, or other dependent of participant in such plan or arrangement. The extent of such plan or arrangement shall be expressly provided for in a qualified domestic relations order as that term in used pursuant to 29 U.S.C. section 1056(d), as amended, and in effect on January 1, 1997, or in section 401(a)(13) of the Internal Revenue Code, as amended, and in effect on January 1, 1997.
     Section  3.  That chapter 43-45 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of the 29 U.S.C. sections 101 through 1461, as amended, and in effect on January 1, 1997, or that is described in sections 401(a), 403(a), 403(b), 408, or 409 of the Internal Revenue Code, as amended, and in effect as of January 1, 1997. The term, employee benefit plan, does not include any employee benefit plan that is excluded from application pursuant to 29 U.S.C. section 1003(b)(1), as amended, and in effect as of January 1, 1997.