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  1. #11
    Join Date
    Apr 2019
    Posts
    7

    Default Re: Is My Pension Protected

    Quote Quoting PayrolGuy
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    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.

  2. #12
    Join Date
    Oct 2014
    Posts
    7,154

    Default Re: Is My Pension Protected

    Quote Quoting wplanck
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    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.

  3. #13
    Join Date
    Apr 2019
    Posts
    7

    Default Re: Is My Pension Protected

    Quote Quoting Taxing Matters
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    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!

  4. #14
    Join Date
    Oct 2016
    Posts
    2,761

    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!

  5. #15
    Join Date
    Oct 2014
    Posts
    7,154

    Default Re: Is My Pension Protected

    Quote Quoting wplanck
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    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.

  6. #16
    Join Date
    Apr 2019
    Posts
    7

    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.

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