Estate of Martin J. Machat, Deceased, Avril Giacobbi and Eric R. Sklar, Executors - Page 10

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                  Neither the Code nor the regulations define the term                                  
            "distributee" as used in section 402(a)(1).  The Employee                                   
            Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406,                             
            88 Stat. 829, and its antialienation provisions, along with                                 
            pertinent case law, supply significant insight into the correct                             
            interpretation of the term "distributee".  ERISA was enacted to                             
            establish "a comprehensive federal scheme for the protection of                             
            pension plan participants and their beneficiaries."                                         
            American Tel. & Tel. Co. v. Merry, 592 F.2d 118, 120 (2d Cir.                               
            1979).  It was intended to ensure that American workers "may look                           
            forward with anticipation to a retirement with financial security                           
            and dignity, and without fear that this period of life will be                              
            lacking in the necessities to sustain them as human beings within                           
            our society."  S. Rept. 93-127, at 13 (1974), 1974-3 C.B. (Supp.)                           
            1, 13.  Promoting this goal, the Congress enacted protective                                
            legislation including the antialienation rule.  ERISA section                               
            1021(a), 88 Stat. 104, added section 401(a)(13), which requires                             
            tax-qualified plans to provide "that benefits provided under the                            
            plan may not be assigned or alienated."  This prohibition                                   
            generally precludes the plan from recognizing the rights of                                 
            creditors with respect to a participant's interest under the                                
            plan.                                                                                       
                  In the years following the enactment of ERISA, litigation                             
            raised the issues of whether the antialienation provisions                                  





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