PENSION LAW--Garnishment--Pension Fund Benefits Governed By the Federal Employee Retirement Income Security Act Are Subject to Court-Ordered Alimony And Child Support Payments.

Abstract

This Case Note summarizes the case American Telephone & Telegraph Co. v. Merry, 592 F.2d 118 (2d Cir. 1979). In this case the court of appeals faced problems of statutory construction and ERISA, namely whether ERISA protected pension plans from ganishment orders ordering alimony and child support be payed while waiting for an ultimate jugment as to whether they should be paid. The court of appeals affirmed the district court\u27s holding that ERISA did not prohibit the garnishment of pension plan benefits to satisfy alimony and support payments nor did it displace the state court\u27s authority in this area by its pre-emption provisions