ERISA - Welfare Benefit Plan - Garnishment Statutes - Preemption

Abstract

The United States Supreme Court has held that a state garnishment statute which makes explicit reference to ERISA covered benefit plans is preempted by ERISA, but that a state\u27s garnishment procedure which permits the garnishment of a participant\u27s benefits in an ERISA welfare benefit plan is not preempted by ERISA. Mackey v. Lanier Collections Agency & Service, Inc., 108 S. Ct. 2182 (1988)

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