Vann Rowland v. Strickland

Sanders, Chief Judge:

This is an appeal from an order of the Circuit Court deciding that, under applicable federal law, an Individual Retirement Account (IRA) is not exempt from levy or attachment by a judgment creditor. We affirm.

The Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, provides: “Each pension plan shall provide that benefits provided under the plan may not be assigned or alienated.” 29 U.S.C. § 1056(d)(1).

ERISA applies, by its terms, to “employee benefit plan[s].” 29 U.S.C. § 1003(a). An employee benefit plan is defined as “any plan, fund, or…