Estate of Benyo v. Breidenbach

220 A.3d 1062 (Table)

ESTATE OF Michael A. BENYO and Jeffrey Benyo, Individually, Respondents

v.Scott F. BREIDENBACH, Esq., Representative of the Estate of Marsha Benyo, Petitioner

No. 334 MAL 2019

Supreme Court of Pennsylvania.

November 20, 2019

ORDER

PER CURIAM.

AND NOW, this 20^th day of November, 2019, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by Petitioner (and modified to update Petitioner's citation to In re: Estate of Easterday, ___ Pa. ___, 209 A.3d 331 (2019), in view of our intervening decision), is:

(1) Whether, similar to In re: Estate of Easterday, 171 A.3d 911 (Pa. Super. 2017), affirmed 209 A.3d 331 (Pa. 2019), a Superior Court affirmed order requiring a beneficiary to "transfer" ERISA-exempt pension payments received from the plan administrator of the Pa. Municipal Police Pension Law (hereafter MPPL) to the estate of the late spouse violates the MPPL's anti-alienation provisions, when the MPPL specifically prohibits "transfer" of its payments and further prohibits the payments

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