Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
The question is too broad. ERISA is the single biggest Congressional enactment outside of the IRS Code.
Can you narrow the question with some specific facts, please?
Thanks in advance.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
There is nothing like that in ERISA. Here is a link to a crossreference of the Act provisions.
That said, Congress could probably exercise the sovereign power of "eminent domain," seize everyone's benefits and deposit them into Social Security, if the amounts transferred would produce the same value at the same time to each partcipant, because that would be "just compensation," which would satisfy the U.S. Constitution, 5th Amendment "takings clause," requirement.
But, it would likely cause a second American Revolution.