section 1144(a) preemption (California) · Go Syfert
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section 1144(a) preemption in California

5 California opinions name it 1 courts 1985–2009 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Operating Engineers' Local 428 Pension Trust Fund v. Zamborskygreen
ca9 · 1981 · cited in 1 California opinions naming this issue, 1986–1986
1 sentence

1986Prior to that amendment, “federal courts [had] specifically approved of garnishment of ERISA pension plan benefits by writ of execution [see § 4380] to satisfy support arrearages.” ( Williams, supra, at p. 762 ; see also, Operating Engineers, etc. v. Zamborsky (9th Cir. 1981) 650 F.2d 196 , 200.) The Williams court essentially found that California courts have concurrent jurisdiction in such matters.

11
Phillipson v. Board of Administration, Public Employees' Retirement Systemred
cal · 1970 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986The garnishment does not ‘relate to’ an employee benefit plan as required for preemption under 29 United States Code section 1144 (a).” (Id., at p. 764; cf. Phillipson v. Board of Administration (1970) 3 Cal.3d 32, 44, 46-47 [ 89 Cal.Rptr. 61 , 473 P.2d 765 ].) We find no significance in the fact that Congress amended ERISA specifically to exempt “qualified domestic relations orders” from its provisions, but did not include a similar exemption for orders awarding attorney’s fees incurred to obtain such orders.

1986The garnishment does not ‘relate to’ an employee benefit plan as required for preemption under 29 United States Code section 1144 (a).” (Id., at p. 764; cf. Phillipson v. Board of Administration (1970) 3 Cal.3d 32, 44, 46-47 [ 89 Cal.Rptr. 61 , 473 P.2d 765 ].) We find no significance in the fact that Congress amended ERISA specifically to exempt “qualified domestic relations orders” from its provisions, but did not include a similar exemption for orders awarding attorney’s fees incurred to obtain such orders.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Carmona v. Carmona green
ca9 · 2008
2 sentences

2009As a result, state domestic relations orders (`DROs') that comply with statutory requirements are exempt from both the anti-alienation and preemption provisions of ERISA. 29 U.S.C. § 1144 (b)(7); 29 U.S.C. § 1056 (d)(3); Hamilton, 433 F.3d at 1096 n. 5." ( Carmona, supra, 544 F.3d at p. 998 .) *840 "More recently, Congress further refined the statutory framework with the Retirement Equity Act of 1984 (`REA'), Pub.L.

2009As a result, state domestic relations orders (`DROs') that comply with statutory requirements are exempt from both the anti-alienation and preemption provisions of ERISA. 29 U.S.C. § 1144 (b)(7); 29 U.S.C. § 1056 (d)(3); Hamilton, 433 F.3d at 1096 n. 5." ( Carmona, supra, 544 F.3d at p. 998 .) *840 "More recently, Congress further refined the statutory framework with the Retirement Equity Act of 1984 (`REA'), Pub.L.

22009–2009
Savings and Profit Sharing Fund of Sears Employees v. Rudolph G. Gago, and Elizabeth J. Kassa green
ca7 · 1983
2 sentences

1985Profit Sharing Fund of Sears Emp. v. Gago (7th Cir. 1983) 717 F.2d 1038 , a Wisconsin court order directing a retirement fund to pay an employee's spouse a portion of retirement monies was affirmed.

1985(In re Marriage of Johnston, supra, 85 Cal.App.3d 900, 909 .) In the recent case of Sav. & Profit Sharing Fund of Sears Emp. v. Gago (7th Cir. 1983) 717 F.2d 1038 , a Wisconsin court order directing a retirement fund to pay an employee’s spouse a portion of retirement monies was affirmed.

21985–1985
In Re Marriage of Johnston green
calctapp · 1978
2 sentences

1985The garnishment does not "relate to" an employee benefit plan as required for preemption under 29 United States Code section 1144 (a). ( In re Marriage of Johnston, supra, 85 Cal.App.3d 900 , 909.) In the recent case of Sav.

1985(In re Marriage of Johnston, supra, 85 Cal.App.3d 900, 909 .) In the recent case of Sav. & Profit Sharing Fund of Sears Emp. v. Gago (7th Cir. 1983) 717 F.2d 1038 , a Wisconsin court order directing a retirement fund to pay an employee’s spouse a portion of retirement monies was affirmed.

21985–1985

Statutes the citing opinions construe

USC § 29u.s.c.1144 (5) USC § 29u.s.c.1001 (4) USC § 29u.s.c.1056 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 5 (1985–2009) IL 3 (2011–2019) OK 2 (2003–2006) NY 2 (1987–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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