Arkison
Arkison v. UPS Thrift Plan (In re Rueter)
Opinion
Lead Opinion
Goodwin, J.
ORDER
The request for publication is GRANTED.
The memorandum disposition filed October 15,1993, is redesignated as an authored opinion by Judge Goodwin.
OPINION
Appellant UPS Thrift Plan (the “Plan”) appeals the district court’s judgment reversing the decision of the bankruptcy court, which granted the Plan’s motion for summary judgment. The district court ordered the Plan to turn over to Appellee Peter H. Arkison, (“Trustee”), funds held on behalf of the debtors, Laurence Charles Rueter and Sharri Lorraine Rueter. We reverse and remand.
Mr. Rueter, a UPS delivery driver, and his wife filed a joint voluntary Chapter 7 bankruptcy petition on December 5, 1989. Mr. Rueter has been employed by UPS since July 5, 1979. UPS provides a pension and profit-sharing plan to employees that is designed to meet the requirements of the Employee Retirement Income Security Act of 1974 (“ERISA”). The Plan contains an anti-alienation and anti-assignment provision as required by ERISA, 29 U.S.C. § 1056 (d)(1). See Plan, Article XV.
Under the terms of the Plan, a participant may contribute up to six dollars a week. The most a participant can contribute annually is $312. These contributions are…