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's garnishment procedure which permits the garnishment of a participant's benefits in an ERISA welfare benefit plan is not preempted by ERISA.
Mackey v. Lanier Collections Agency & Service, Inc., 108 S. Ct. 2182 (1988).
ERISA - Welfare Benefit Plan - Garnishment Statutes - Preemption,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol27/iss4/9