Does ERISA Pre-empt a Particular State''s law?

Washington passed a law essentially cutting off divorced spouses who were named as beneficiaries for insurance policies, pension plans, etc. during the marriage.
Does ERISA Pre-empt a Particular State´s law

Does ERISA Pre-empt a Particular State´s law?

The U.S. Supreme Court recently issued an opinion in the case of Egelhoff v. Egelhoff, on Mar. 21, 2001.

This case addressed the often thorny issue of whether ERISA pre-empts a particular state law.   Washington passed a law essentially cutting off divorced spouses who were named as beneficiaries for insurance policies, pension plans, etc. during the marriage.   Mr. Egelhoff was killed in an auto accident two months after his divorce became final.   The former Mrs. Egelhoff was still listed on his Boeing life insurance policy and pension plan.   The Washington Supreme Court held that the state statute barred Mrs. Egelhoff from collecting, and ordered distribution to Mr. Egelhoff''s children by a previous marriage.

The Supreme Court reversed, with Justice Thomas writing for a 7-2 majority. The Court reaffirmed the "clearly expansive" nature of ERISA''s pre-emption section, 29 U.S.C. sec. 1144(a), which provides that ERISA "shall supersede any and all State laws insofar as they . . . relate to any employee benefit plan."   The Washington statute, by determining beneficiary status, "governs the payment of benefits, a central matter of plan administration."   The Court further held that it would be impractical to force plan administrators to know the laws of all 50 states, and the end result would be more litigation and delay in payments contrary to ERISA''s purpose.

Justices Breyer and Stevens dissented, and warned that the Court''s decision would apply equally to similar statutes in nearly every state that cut off a beneficiary who murders the benefactor.

If you have questions regarding this issue, or would like a copy of the complete Supreme Court decision, contact Dale Harris at 218.529.2424 or doh[at]hanftlaw.co .

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