People v. Stephenson, 12 P.3d 266 (Colo. Ct. App. 1999)

Cases | People v. Stephenson, 12 P.3d 266 (Colo. Ct. App. 1999) | 2018

Defendant pled guilty to theft from her former employer. The parties agreed to an amount of restitution. As a condition of probation, the trial court ordered defendant to liquidate her pension with the former employer and to apply the pension proceeds to payment of accounting fees and restitution. Defendant appealed. The appellate court held that: (1) the order must be vacated. The trial court gave no notice to any party. It therefore presented no opportunity for any party to request a hearing, and altered a material condition of defendant's probation with no good cause shown; and (2) the trial court improperly assigned or alienated the pension funds. The anti-alienation clause of 29 U.S.C. § 1056(d)(1) has been held to prohibit voluntary assignments of ERISA pension benefits under certain circumstances, as well as involuntary assignments of such benefits even when the assignment is done pursuant to court order.

(This case cites former Colo. Rev. Stat. § 16-11-204.)