• Supreme Court Holds That ERISA Plan Documents Control in Death Benefit Waiver Dispute
  • February 20, 2009
  • Law Firm: Sutherland Asbill & Brennan LLP - Washington Office
  • The U.S. Supreme Court held in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, No. 07-636 (U.S. January 26, 2009)(slip op.)(Souter, J.), that the former wife of a deceased retirement plan participant legally waived her right to receive benefits from the participant's retirement plan pursuant to a divorce decree; nonetheless, plan administrators were correct to disregard her waiver and distribute benefits to her upon the participant's death.