Title 29LaborRelease 119-73

§1193a Preemption of State anti-garnishment laws

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 8— - pension-linked emergency savings accounts › § 1193a

Last updated Apr 6, 2026|Official source

Summary

Overrides any state law that would ban or limit using an automatic saving setup that moves money into a pension-linked emergency savings account. The Secretary can write rules that set the minimum standards those automatic saving setups must meet for this federal rule to apply.

Full Legal Text

Title 29, §1193a

Labor — Source: USLM XML via OLRC

Notwithstanding any other provision of law, this part shall supersede any law of a State which would directly or indirectly prohibit or restrict the use of an automatic contribution arrangement, described in section 1193(d)(2) of this title, for a pension-linked emergency savings account. The Secretary may promulgate regulations to establish minimum standards that such an arrangement would be required to satisfy in order for this subsection to apply with respect to such an account.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to plan years beginning after Dec. 31, 2023, see section 127(g) of Pub. L. 117–328, set out as an

Effective Date

of 2022 Amendment note under section 72 of Title 26, Internal Revenue Code.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1193a

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73