Page 2 of 2 FirstFirst 1 2
Results 11 to 17 of 17
  1. #11
    Join Date
    Oct 2016
    Posts
    2,614

    Default Re: Is My Pension Protected

    Quote Quoting DAWW
    View Post
    Just a thought but uncashed checks and other unclaimed property eventually escheat to the state.
    I don't think the OP ever talked about or intended to never cash the checks just not deposit them in the bank.

  2. #12
    Join Date
    Apr 2019
    Posts
    8

    Default Re: Is My Pension Protected

    Quote Quoting PayrolGuy
    View Post
    I don't think the OP ever talked about or intended to never cash the checks just not deposit them in the bank.
    That is correct.

  3. #13
    Join Date
    Oct 2014
    Posts
    7,072

    Default Re: Is My Pension Protected

    Quote Quoting wplanck
    View Post
    Sooo, the judge can't/won't order me to turn over my pension money? Like I said, I get a paper check from GM. I do not deposit it anywhere. Is my GM pension covered by ERISA?
    Your GM pension is almost certainly covered by ERISA. I can't see GM passing up the tax benefits that go along with those pensions. Even if it wasn't an ERISA pension it is still likely exempt under state law.

  4. #14
    Join Date
    Apr 2019
    Posts
    8

    Default Re: Is My Pension Protected

    Quote Quoting Taxing Matters
    View Post
    Your GM pension is almost certainly covered by ERISA. I can't see GM passing up the tax benefits that go along with those pensions. Even if it wasn't an ERISA pension it is still likely exempt under state law.
    Much appreciated!

    I have now been informed by GM benefit center that my pension can indeed be garnished. All of it!

  5. #15
    Join Date
    Oct 2016
    Posts
    2,614

    Default Re: Is My Pension Protected

    From the OP in another thread.

    Quote Quoting wplanck
    View Post
    My question involves a consumer law issue in the State of: Indiana

    I have now been informed by GM benefit center that my pension can indeed be garnished. All of it!

  6. #16
    Join Date
    Oct 2014
    Posts
    7,072

    Default Re: Is My Pension Protected

    Quote Quoting wplanck
    View Post
    Much appreciated!

    I have now been informed by GM benefit center that my pension can indeed be garnished. All of it!
    It's quite possible that the person you talked to at the benefit center doesn't really know the law. Unless it was a lawyer at the center who responded I'd be a bit skeptical of that response. Your pension is likely an ERISA pension (did you ask about that too?) and if it is, most creditors cannot touch it. Even if it is isn't, it's likely the applicable state law won't allow it to be garnished. You might want to see an attorney in your state who handles employee benefits law and knows ERISA for advice on whether the creditor can reach your pension.

  7. #17
    Join Date
    Apr 2019
    Posts
    8

    Default Re: Is My Pension Protected

    Quote Quoting Taxing Matters
    View Post
    It's quite possible that the person you talked to at the benefit center doesn't really know the law. Unless it was a lawyer at the center who responded I'd be a bit skeptical of that response. Your pension is likely an ERISA pension (did you ask about that too?) and if it is, most creditors cannot touch it. Even if it is isn't, it's likely the applicable state law won't allow it to be garnished. You might want to see an attorney in your state who handles employee benefits law and knows ERISA for advice on whether the creditor can reach your pension.
    I mentioned ERISA but it didn't seem to matter. I'm looking for an attorney.

    The UAW Legal Services don't seem to be much use now.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Pets and Animals: Can You Take Your Dog if it's Not Being Properly Protected
    By lawfacts in forum Personal Property
    Replies: 1
    Last Post: 12-23-2016, 06:27 PM
  2. How Can I Help My Children Be Protected
    By 594594 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 04-09-2010, 08:35 PM
  3. Unemployment Benefits: Pension Law
    By rodwood in forum Employment and Labor
    Replies: 4
    Last Post: 03-02-2010, 10:32 AM
  4. Collective Bargaining: Recovering Pension Money Paid In if Pension Doesn't Vest
    By Road Kill in forum Employment and Labor
    Replies: 3
    Last Post: 05-05-2009, 08:27 PM
  5. Patents: Not patented and still protected?
    By Atomical in forum Intellectual Property
    Replies: 1
    Last Post: 08-21-2006, 12:56 PM
 
 
Sponsored Links

Legal Help, Information and Resources