Johnson v. Johnson

This is an appeal by the United Association of Journeyman Plumbers and Pipe Fitters Local 322 Annuity Fund (Annuity Fund) from orders requiring it to pay the Johnsons attorneys fees in their divorce action. Plaintiff John R. Johnson, III, is the participant spouse in the unions Annuity Fund which contends the provisions in paragraph fifteen of the Johnsons dual final judgment of divorce and the post- judgment orders which require payment of attorneys fees from the fund constitute an assignment of benefits expressly prohibited by the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code (IRC), and the Annuity Plan. We agree with the Annuity Fund and reverse the orders compelling payment of the parties attorneys fees by the ERISA-qualified retirement plan.