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Article • August 30, 2017 • from PLN September, 2017
Missouri Prisoner’s IRA May be Seized for Incarceration Costs by The Missouri Court of Appeals has held that a trial court erred as a matter of law in finding that a federal statute pre-empted the Missouri Incarceration Reimbursement Act (MIRA) and precluded attachment of a prisoner’s Individual Retirement Account (IRA). …
Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
Article • November 15, 2007 • from PLN November, 2007
Michigan’s Law Attaching Prisoner Retirement Benefits Trumped By Federal Law by Michigan's Law Attaching Prisoner Retirement Benefits Trumped By Federal Law Michigan requires financially able prisoners to contribute up to 90% of monies received at their prison address to the state's coffers as an offset to the cost of their …
Article • May 15, 2007
Pension Fund Garnished to Satisfy Criminal Restitution Order. by A Michigan federal District Court held the government may garnish a criminal defendant's pension fund to satisfy a criminal restitution order. Both the Employee's Retirement Income Security Act (ERISA), 29 U.S.C. 1056 (d)(1), and the Internal Revenue Code, 26 U. S.C.§ …
Article • May 15, 2007
Imposition Of Constructive Trust To Collect Pension Benefits Prohibited by The U.S. Supreme Court held that a constructive trust imposed against the recipient of pension fund benefits in order to satisfy a monetary judgment against him violated the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA). …
Article • July 15, 2004 • from PLN July, 2004
Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA by by Matthew T. Clarke The Supreme Court of Michigan (SCM) upheld a court's ordering a prisoner to have his pension benefits deposited in his prisoner account so that the state can seize a large portion of it to reimburse …
Article • December 15, 2000 • from PLN December, 2000
WA 35% Seizure Statute Ruled on by Ninth Circuit by Paul Wright By Paul Wright The court of appeals for the Ninth circuit upheld the constitutionality of a Washington state statute that allows the Washington Department of Corrections (DOC) to seize 35% of all money sent to prisoners from sources …
Article • March 15, 2000 • from PLN March, 2000
Dean Injunction Clarified in Washington 35% Suit by Wright Acted On PLN has extensively reported the state and federal litigation challenging the constitutionality of RCW 72.09.480. RCW 72.09.480 is the statute which allows the Washington Department of Corrections (DOC) to seize 35% of all funds sent to Washington prisoners. As …
Article • September 15, 1998 • from PLN September, 1998
MI Prison "Fee" Law Preempted by ERISA by Afederal district court in Michigan held that the State Correctional Facility Reimbursement Act (SCFRA), Mich.Comp.Laws.Ann. § 800.401 and Mich.Stat.Ann. § 28.1701, is preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1000, which prevents the state from seizing pension …