Garnishment

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ntang
Posts: 31
Joined: Fri Mar 02, 2018 12:01 am

Garnishment

Post by ntang » Fri Mar 02, 2018 12:49 am

Does the distribution of a portion of the plan participant's benefits under a plan constitute a garnishment of such participant's wages as defined under federal or state law?

lduffy
Posts: 29
Joined: Thu Mar 01, 2018 10:15 pm

Re: Garnishment

Post by lduffy » Fri Mar 02, 2018 1:10 am

No. According to §206(d)(3)(M) of ERISA, benefit payments made to alternate payees under the terms of a QDRO do not constitute a garnishment for purposes of §303(a) of the Consumer Credit Protection Act.

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