Boggs v. Boggs (1996)
- Docket
- 96-79
- Decided
- 1996-01-01
Summary
Question: Does the Employee Retirement Income Security Act of 1974 pre-empt state community-property law allowing a non-participant spouse to transfer by a testamentary instrument an interest in undistributed pension plan benefits? Conclusion: Yes. In a opinion authored by Justice Anthony Kennedy, the Court ruled that the Employee Retirement Income Security Act of 1974 (ERISA) preempts state community-property law allowing a non-participant spouse to transfer by a testamentary instrument an interest in undistributed pension plan benefits. Justice Kennedy said "ERISA's solicitude for the economic security of surviving spouses would be undermined" by allowing a previous spouse's heirs to claim a share of such benefits."