(DOWNLOAD) "Blue v. Ual Corporation" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Blue v. Ual Corporation
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Most contemporary pensions are covered by the anti-forfeiture and anti-alienation clauses of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. sec.1056(c), (d)(1). See Guidry v. Sheet Metal Workers National Pension Fund, 493 U.S. 365 (1990); In re Baker, 114 F.3d 636 (7th Cir. 1997). Pensions must be distributed strictly according to the terms of each plan, and state laws that permit or require payment to persons (or in amounts) other than those specified in the plan are ineffective. 29 U.S.C. sec.1144(a). Even state rules that establish rights of spouses and children to financial support, identify community property of marriages, or deal with distribution of decedents estates, must yield to the terms of the plan. Boggs v. Boggs, 117 S. Ct. 1754 (1997). ERISA authorizes only two exceptions to this rule. First, a participant may make a revocable assignment of up to 10% of future benefits. 29 U.S.C. sec.1056(d)(2). Second, a Qualified Domestic Relations Order (QDRO) may require payment to or for the benefit of the participants family. 29 U.S.C. sec.1056(d)(3). A state courts domestic relations order overrides the terms of the plan if it meets seven criteria laid down in sec.1056(d)(3)(C) and (D).
 "Blue v. Ual Corporation" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free){kind=link}