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United States Fourth Circuit


Andochick v. Byrd, 12-1728

Plaintiff's ERISA preemption claim against the administrator of his deceased ex-wife's estate challenging a state court order requiring him to turn over benefits received under ERISA retirement and life insurance plans owned by his deceased ex-wife, was properly dismissed, where: 1) plaintiff, the named beneficiary, had previously waived benefits from the ERISA plans in a marital settlement agreement; and 2) ERISA does not preempt a post-distribution suit against an ERISA plan beneficiary based on his pre-distribution waiver.

Appellate Information

  • Decided 03/04/2013
  • Published 03/04/2013

Judges

  • MOTZ

Court

  • United States Fourth Circuit

Counsel

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