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BROSAMER v. MARK

No. 27S02-9011-CV-700.

561 N.E.2d 767 (1990)

Harold BROSAMER, Appellant (Defendant below), v. Donald E. MARK and Cheryl A. Mark, Appellees (Plaintiffs below), and Marion Independent Federal Credit Union, Appellee (Garnishment Defendant below), and Bank One of Marion, Indiana, Appellee (Garnishment Defendant below).

Supreme Court of Indiana.

November 1, 1990.

Attorney(s) appearing for the Case

Louis Rosenberg, UAW Legal Services Plan, Indianapolis, E. Dean Singleton, UAW-GM Legal Services Plan, Marion, for appellant.

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...

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