United States Sixth Circuit

A declaratory judgment invalidating certain orders and notices under Michigan law relating to recovery of inmates' prison expenses as preempted by ERISA is affirmed where the orders and notices at issue are preempted by ERISA-s anti-alienation provision to the extent that they direct a pension plan to send benefits to an address not designated by a beneficiary.

Appellate Information

• Decided 05/23/2006
• Published 05/23/2006

Judges

• Before:  SUHRHEINRICH, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Victoria A. Reardon, State of Michigan, Department of the Attorney General, Detroit, Michigan, for Appellants.  Edward C. Hammond, Clark Hill, Birmingham, Michigan, for Appellees.   ON BRIEF:  Victoria A. Reardon, Daniel M. Levy, State of Michigan, Department of the Attorney General, Detroit, Michigan, for Appellants.  Edward C. Hammond, Florence M. Vincent, Clark Hill, Birmingham, Michigan, Stephanie J. Clifford, Clark Hill, Detroit, Michigan, for Appellees.