Legal Opinion
Guidry v. Sheet Metal Workers National Pension Fund
Court of Appeals for the Tenth Circuit
Decided November 1, 1994No. Nos. 92-1018, 92-1034PublishedCited by 12 opinions
1Opinion of the Court
ON REHEARING EN BANC
Upon rehearing this case en banc, we return to the issue of whether the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA) § 206(d)(1), 29 U.S.C. § 1056(d)(1), prohibits the garnishment of pension benefits after the benefits have been paid to and received by the beneficiary. The district court held that the ERISA provision applies and protects the funds from garnishment so long as they are clearly identified, are not commingled, and have not been used to acquire other assets. The panel opinion reversed, concluding that the ERISA…
2Cases cited27 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Udall v. TallmanSupreme Court of the United States · 1965
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
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3Cited by12 opinions
- First Trust Corporation v. Brenda Fuston Petrey Bryant, Kay Hamlin, InterveningCourt of Appeals for the First Circuit · 2005
- Kluck v. KluckNorth Dakota Supreme Court · 1997
- Eisenberg v. Houck (In Re Houck)United States Bankruptcy Court, E.D. Pennsylvania · 1995
- Jones v. Internal Revenue Service (In Re Jones)United States Bankruptcy Court, District of Columbia · 1997
- National Labor Relations Board v. HH3 Trucking, Inc.Court of Appeals for the Seventh Circuit · 2014
7 more not listed; retrieve them via the Exa API.