Total Articles: 4
Pennsylvania Court Holds ERISA Preempts Pennsylvania Law Revoking Ex-Spouse’s Benefits.
On May 9, 2008, the Pennsylvania Superior Court, in a 2-1 decision, ruled that the Employee Retirement Income Security Act (“ERISA”) preempts a Pennsylvania law that mandates the revocation of beneficiary designations upon divorce. In re Estate of Sauers, Pa. Super. Ct. (No. 1060 MDA 2007). At issue in the case was a 1997 policy of life insurance that was issued to certain employees of C.S. Davidson, including Paul Sauers. In June 1998, following the issuance of the policy, Paul Sauers married Jodie Sauers. Later that same year, Paul named Jodie as the primary beneficiary of the insurance policy, and named his nephew as the contingent beneficiary.
Claims Brought By Individuals Who Are Not Participants In ERISA Plan Are Not Preempted By ERISA.
The Ninth Circuit recently held that ERISA does not preempt claims brought by individuals who are not participants of the ERISA plan at issue. See Miller v. Rite Aid Corporation (9th Cir. October 11, 2007). In Miller, the Ninth Circuit vacated the decision of the federal trial court and remanded the case for further proceedings.
U.S. Supreme Court Supports Subrogration-with Limits (pdf).
To no one’s surprise, the confi rmation hearings for Chief
Justice Roberts provided no insight into his views on
ERISA. But now he has authored the Supreme Court’s
unanimous ERISA decision in Sereboff v. Mid Atlantic
Medical Services, Inc. (May 15, 2006).
Benefits Alert: Supreme Court Strengthens Plan's Ability to Seek Reimbursement from Plan Beneficiaries.
The U.S. Supreme Court has held that plan fiduciaries can seek reimbursement from plan beneficiaries for medical expenses paid to cover injuries caused by third parties, if the beneficiaries recover damages from the third parties, so long as there are specifically identifiable funds in the possession and control of the beneficiaries.
