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Generally, plans that are qualified under Section 401(a) of the tax code and that are also covered under Title I of ERISA are safe from creditors. Plans that are not subject to Title I of ERISA include government plans, church plans, and self-employed one-participant plans -- that is, Keogh plans that cover no common law employees.
This area is covered by a mishmash of laws and there are, of course, exceptions -- two key ones: federal tax liens and QDRO, or court-ordered divorce payments. Otherwise, the protection seems certain, based on the 1992 U.S. Supreme Court case, Patterson v. Shumate. Also, ERISA preempts state law, providing added protection.
However, creditors continue to work hard in the courts looking for loopholes that would give them access to pension assets -- so far without success, when the plan is qualified under both 401(a) and Title I of ERISA.
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