Brosamer v. Mark

SHEPARD, Chief Justice.

The question presented is whether the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1056(d)(1) (1988), protects pension funds from garnishment after they are deposited in a pensioner's bank account. We hold that such funds are not protected.

Donald and Cheryl Mark sued Harold Brosamer in the Grant County Court seeking unpaid rent. On November 6, 1986, the trial court entered judgment against Bro-samer for $718.00 plus costs. Brosamer did not pay. The plaintiffs instituted a proceeding supplemental leading to a…