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New York Retirement Asset Protection Laws

New York laws protect the following retirement assets from creditors:

  • trusts, custodial accounts, annuities, insurance contracts, monies, assets, or interests that are qualified IRAs, Keogh, retirement, or other qualified plan established by a corporation, except for a QDRO or an order of support, alimony, or maintenance;
  • 90 percent of income or other payments from the above trusts are exempt;
  • payments under a stock bonus, pension, profit-sharing, or similar plan or contract to the extent reasonably necessary for the support of the debtor and dependents;
  • public retirement system benefits;
  • state employees' retirement system benefits;
  • state teachers' retirement system benefits;
  • state police and firemen's retirement system benefits; and
  • village police pension benefits.

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