United States Second Circuit
Milgram v. The Orthopedic Associates Defined Contribution Pension Plan, 10-1862
In a suit under ERISA seeking to recover funds that were erroneously removed from an individual's defined contribution pension fund account and credited to that of his former wife, the district court's judgment against the plan is affirmed, where: 1) ERISA’s anti-alienation provision and other provisions of federal and state law do not prohibit enforcement of the judgment; and 2) the inclusion of accumulated earnings and prejudgment interest in the award was permitted by the plan contract.
Appellate Information
- Decided 12/23/2011
- Published 12/23/2011
Judges
- Gerard E. Lynch
Court
- United States Second Circuit
Counsel
- For Appellant:
- Carter H. Strickland, James E. Hughes