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Kennedy v. Plan Admin. for DuPont Savings & Inv. Plan, 07-636

In an ERISA case involving the Act's limitation on assignment or alienation of benefits, and a divorced spouse's purported waiver of her entitlement to benefits, the Supreme Court rules in favor of ERISA plan administrator that had paid out benefits to former wife-designated beneficiary because: 1) although a waiver of the type at issue, i.e. a federal common law waiver embodied in a divorce decree that was not a qualified domestic relations order, is not rendered invalid by the text of the anti-alienation provision; nevertheless, 2) plan administrator properly disregarded the waiver due to its conflict with the beneficiary designation made by former husband in accordance with plan documents.

Appellate Information

  • Decided 01/26/2009
  • Published 01/26/2009



  • United States Supreme Court


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