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Text of Seventh Circuit Opinion: ERISA Anti-Alienation Provision Does Not Protect Benefits Once Paid (PDF)
U.S. Court of Appeals for the Seventh Circuit
June 19, 2014
"Five courts of appeals have agreed with the Tenth Circuit that Section 206(d)(1) does not prevent the attachment or garnishment of funds after a pension plan has paid them to retirees.... One has held that Section 206(d)(1) shields pensions from creditors even after distribution. United States v. Smith, 47 F.3d 681 (4th Cir. 1995). We agree with the majority -- and because we are the seventh court of appeals to reach this conclusion we can be brief." [NLRB v. HH3 Trucking Inc., Nos. 05-1362, 05-4075 (7th Cir. June 13, 2014)]
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