ERISA - Welfare Benefit Plan - Garnishment Statutes - Preemption

Authors

Leah Davis

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'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).

First Page

783

Recommended Citation

Leah Davis, ERISA - Welfare Benefit Plan - Garnishment Statutes - Preemption, 27 Duq. L. Rev. 783 (1989).
Available at: https://dsc.duq.edu/dlr/vol27/iss4/9