United States:
Supreme Court Affirms Family Court Decision Attaching FERS Account
24 August 2015
Fox Rothschild LLP
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In a recent appeal, Mr. Tanner challenged the Family Court
order that found him in contempt and issued an attachment against
his U.S. Postal Service pension. The appeal argued
that the Family Court's decision was improper because Mr.
Tanner's Federal Employees Retirement System
("FERS") disability retirement benefits may not be
subject to attachment pursuant to 5 U.S.C. § 8470(a).
Section 8470 provides that "[a]n amount payable under . .
. [FERS] is not assignable, either in law or equity, except under
the provisions of section 8465 or 8467 . . . ." The
Delaware Supreme Court rejected Mr. Tanner's argument and
upheld the Family Court's decision based on the language of
section 8467. Specifically, section 8467(a)(1) permits FERS
benefits to be paid to another person pursuant to "any court
decree of divorce, annulment or legal separation or the terms of
any court order or court-approved property settlement agreement
incident to any court decree of divorce, annulment, or legal
separation."
The Delaware Supreme Court decision in Tanner v. Allen,
No. 626, 2014 (Aug. 20, 2015) may be read in its entirety here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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