Kennedy v. Plan Administrator for DuPont Sav. and Investment Plan (2008)
- Docket
- 07-636
- Decided
- 2008-01-01
Summary
Question: Does the Employee Retirement Income Security Act's anti-alienation provision prevent the enforcement of a waiver recognized by federal common law which holds that a spouse's right to the other spouse's pension benefits is rendered void upon divorce? Conclusion: No. In a unanimous decision with Justice David Souter writing for the Court, the Supreme Court held that Liv's waiver of her former husband's pension benefits upon their divorce was not rendered void by the Employee Retirement Income Security Act's anti-alienation provision. However, the Court held that Liv was appropriately granted the benefits of her ex-husband's estate because the plan administrator properly disregarded her waiver. It reasoned that the pension plan was clearly laid out and recognized Liv as the beneficiary. The plan had a mechanism in which Liv could have disclaimed her interest, but she did not.