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Tag Archives: Preemption

Ex-Spouse Retains ERISA Retirement Benefits

Posted in Opinions & Judgments

In Kennedy v. Plan Administrator for DuPont Savings & Investment Plan, the Fifth Circuit has held that ERISA trumped a divorce decree purportedly divesting an ex-spouse of her interest in any "retirement plan, pension plan, or like benefit program existing by reason of [decedent’s] employment."  The decedent never removed his ex-wife as the designated beneficiary, and… Continue Reading