delivered the opinion of the Court.
This case requires us to determine whether a court, pursuant to a statutory grant of authority to establish a lien on the earnings of a person in arrears on court-ordered support payments, may place a lien on that person’s unemployment benefits — or whether, to the contrary, such a lien to satisfy a support order is prohibited by the section of the Maryland Unemployment Insurance Law which invalidates encumbrances of the right to benefits. Our perusal of the pertinent statutes and case law persuades us that the imposition of this type of lien is permissible.
We need not linger long on the particular facts of this case, since the issue we decide is a straightforward one of statutory construction and in no way dependent on the vagaries of the circumstances here. Briefly, appellant Ella Elizabeth Pope, former wife of appellee William Joseph Pope, Sr., sought to enforce the provisions of a decree under which Mr. Pope was to pay her permanent alimony of $20.00 per week. The Circuit Court of Baltimore City, Dorf, J., finding a sufficient
We may quickly dispose of the contention by the Employment Security Administration — ESA — that unemployment insurance benefits are not earnings within the meaning of section 5B of Article 16, which permits the court to order a lien on the earnings of a person defaulting on a court order to pay support.
2
Section 5B(a)(2) defines “earnings” as encompassing
“any form of periodic payment
to an individual,
including
annuity, pension, social security, and workmen’s compensation payments.” (Emphasis supplied.)
3
Although it is incontrovertible that un
We come now to the substance of ESA’s objection to the imposition of a lien for alimony payments on unemployment benefits: that the first clause of section 16(c) of the Unemployment Insurance Law absolutely prohibits all encumbrances on the right to benefits, including a lien for support payments otherwise authorized by Article 16, section 5B. Section 16 (c) reads:
(c) No assignment of benefits; exemptions. — No assignment, pledge, or encumbrances of any right to benefits which are or may become due or payable under this article shall be valid; and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempted from any remedy whatsoever for the collection of all debts. No waiver of any exemption provided for in this subsection shall be valid. [Md. Code (1957, 1969 Repl. Yol.), Art, 95A, § 16 (c).]
The first, and perhaps the more potent of the principles forming the basis of our conclusion, is one that this Court applied only last term in
United States v. Williams,
The following amounts of wages shall be exempt from attachment:
(1) Except as provided in paragraph (2) of this subsection [providing different amounts in certain counties], the greater of:
(i) The product of $120 multiplied by the number of weeks in which the wages due were earned, or
(ii) 75 percent of the wages due . . . [(Emphasis added.)]
There is nothing unique in the principle which we applied in
Williams
in interpreting the exemption statute before the Court there and which we reiterate today.
See, e.g., Schlaefer v. Schlaefer,
The courts which accept the principle we adopted in
Williams
are simply recognizing that the legislative purpose underlying such statutes is the protection of the various types of benefits involved from the claims of creditors — not from the claim of a former wife for alimony, which often, as in Maryland, is not considered a debt.
See, e.g., Dickey v. Dickey,
A statute is not to be given an arbitrary construction, according to the strict letter, but one that will advance the sense and meaning fairly deducible from the context. The reason of the statute prevails over the literal sense of terms; the obvious policy is an implied limitation on the sense of general terms----The reason of the law, i.e., the motive which led to the making of it, is one of the most certain means of establishing the true sense. ...
[T]he essential purpose of such immunity from process is the protection not only of the pensioner, but of his family as well, from destitution and the need for public relief, and, absent a clear and definite expression contra, the provision will not be read to enable the husband to claim the full benefit of the pension as against his dependent wife and children, and thus to subvert the laws enjoining upon the husband the performance of this basic obligation of the marriage state.
Even absent the doctrine this Court adopted in
Williams,
we would not interpret section 16 (c) of the unemployment insurance statute to forbid liens to satisfy alimony claims, since the structure and introductory words of the section demonstrate that the legislature did not intend the language invalidating any “assignment, pledge, or encumbrances” to have the broad sweep suggested by ESA. It is clear to us that section 16 (c) was intended to accomplish two purposes: The first clause prevents the recipient of benefits from voluntarily assigning them to anyone else by invalidating any “assignment, pledge, or encumbrances” of any right to benefits; the second and third clauses exempt the right to benefits, and benefits actually received, respectively, from any and all remedies for the collection of debt, thereby assuring that those benefits cannot be reached by the recipient’s creditors. That the first clause invalidating “encumbrances” — the language so heavily relied on by
We think, then, considering the entire section in its natural and ordinary signification, that the first clause merely prevents the recipient from encumbering his right to benefits under the statute. Since the second and third clauses, which address the exemption of benefits from remedies invoked by a third party, specifically apply only to remedies for the collection of debt, 6 and since, as we have already noted, alimony is not a debt in this State, the ineluctable conclusion is that the statute in no way purports to prohibit the imposition of a statutory lien for the enforcement of court orders for spousal support — -it simply does not address that question.
Order of the Circuit Court of Baltimore City dated September 15, 1977, vacated and case remanded to that court with instructions to reinstate the order dated March 11, 1977.
Costs to be paid by the Employment Security Administration.
Notes
. Mr. Pope, the other appellee, did not file a brief or otherwise participate in this appeal.
. Section 5B (b) (1) reads:
If a court has ordered a person to pay for the support of a spouse or dependent child and the person is in arrears, on petition of the person to whom payment had been ordered and on a finding by the court that arrearages within the 24-month period immediately preceding submission of the petition equal a sum of two months payments, the court may order a lien on the earnings of the defaulting party, due or to be due, in an amount sufficient to pay the support ordered by the court. The court shall cause a copy of the order to be served immediately on the employer of the defaulting party.
. Section 5B (a) (3) defines “employer” as “any person, including any public entity, making payments of earnings to an individual.”
. Unemployment insurance benefits are, in fact, similar to such enumerated examples of periodic payments as social security and workmen’s compensation in that each of them is dependent, in one way or another, on past employment.
. We note in the record of this case an order of the Circuit Court of Baltimore City finding Mrs. Pope to be an indigent and waiving payment of final court costs in the proceedings below.
. The use of the word “other” in the second clause of section 16 (c) — “such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt” (emphasis added) — makes it clear that the legislature was exempting the right to benefits from any and all remedies for the collection of debt, including levy, execution, and attachment.
