United States Second Circuit

District court judgment dismissing action to enforce divorce settlement provision for waiver of spouse-survivor benefits is vacated and remanded where plaintiff's claims should be resolved on the basis of state law principles rather than ERISA, as plaintiff's claims are under the group annuity contract rather than pension plans and annuities are not governed by ERISA.

Appellate Information

• Decided 07/24/2009
• Published 07/24/2009

Judges

• KEARSE, Circuit Judge:, Before:  KEARSE, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard H. Dolan, New York, NY, (Schlam Stone & Dolan, New York, NY, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• James G. McCarney, New York, NY, (Thomas E. Engel, Katherine B. Thornburgh, Howrey, New York, NY, on the brief), for Defendant-Appellee.