sec.38Nature of benefit payable

### sec.38 Nature of benefit payable A benefit payable under the scheme in relation to a member of the scheme can not, by operation of law or otherwise, be— assigned, charged, taken in execution, attached or passed to a person other than the member or the member’s estate; or used to set off a claim by payment to a person other than the member or the member’s estate. A benefit payable under the scheme in relation to a member of the scheme on the death of the member is not an asset for the payment of the member’s debts or liabilities from the member’s estate. Any agreement or arrangement relating to, or transfer or other dealing with, a benefit payable under the scheme that is inconsistent with subsection (1) or (2) is void to the extent of the inconsistency. s 38 orig s 38 ins 1997 No. 21 s 23 exp 30 June 1998 (see s 45) prev s 38 ins 2007 No. 7 s 27 AIA s 20A applies as in force immediately before 30 June 2017 (see s 35) om 2016 No. 64 s 71 pres s 38 ins 2021 No. 20 s 39 (sec.38-ssec.1) A benefit payable under the scheme in relation to a member of the scheme can not, by operation of law or otherwise, be— assigned, charged, taken in execution, attached or passed to a person other than the member or the member’s estate; or used to set off a claim by payment to a person other than the member or the member’s estate. (sec.38-ssec.2) A benefit payable under the scheme in relation to a member of the scheme on the death of the member is not an asset for the payment of the member’s debts or liabilities from the member’s estate. (sec.38-ssec.3) Any agreement or arrangement relating to, or transfer or other dealing with, a benefit payable under the scheme that is inconsistent with subsection (1) or (2) is void to the extent of the inconsistency. - (a) assigned, charged, taken in execution, attached or passed to a person other than the member or the member’s estate; or - (b) used to set off a claim by payment to a person other than the member or the member’s estate.