In Kennedy v. DuPont Savings and Investment Plan (the quot;DuPont Planquot;), 2009 U.S. LEXIS 869 (January 26, 2009), the Supreme Court decided that if a voluntary disclaimer in a domestic relations order (quot;DROquot;) by the divorcing spouse of an ERISA pension plan participant did not comply...

The Federal Circuits have generally held that ERISA prohibits waivers of claims to vested pension benefits. The D.C. Circuit prohibits waivers of vesting rights. The Seventh Circuit prohibits waivers of vested pension benefits, but allows individuals to settle non-pension disputes by choosing...

In Metropolitan Life v. Drainville, 2009 U.S. Dist. LEXIS 63613 (DC R.I. July 23, 2009), a federal district court in Rhode Island recently explained the requirements that a domestic relations order ("DRO") must satisfy to be a qualified domestic relation order (“QDRO”). The court held an...

In Kennedy v. DuPont Savings and Investment Plan (the quot;DuPont Planquot;), 2009 U.S. LEXIS 869 (January 26, 2009) the Supreme Court appeared to proclaim a quot;bright-line rulequot; that plan documents determine ERISA plan distributions. However, the Court blurred the bright-line rules...

ERISA preemption of state laws is determined using the following three rules. First, ERISA permits state laws that do not diminish or enhance any of the ERISA basic benefit protections. Second, ERISA preempts any state law that diminishes or enhances any of the three ERISA basic benefit...

Questions are often raised about who is entitled to death or survivor benefits from a federally regulated employee benefit plan, whether for federal employees, or for private employees by a plan governed by ERISA. The following principles generally resolve these questions: • Federal law does...

A central but generally neglected objective of federal regulation of pension and welfare benefit plans was to improve overall economic efficiency by providing workers with accessible and reliable information on which to base their career and financial planning. Simple dissemination of plan terms...

A model is developed to predict the effects of recently proposed amendments to the FLSA workweek and overtime provisions. It contrasts allowing compensatory time for overtime pay for private non-exempt employees to “rights to request” reduced hours. It finds that hours demanded are likely to...

Part I of this Article proposes that ERISA severely limits the ability of individuals to release their claims to ERISA plan benefit entitlements. lt;brgt;lt;brgt;The ERISA prohibition of any agreement purporting to relieve fiduciaries of their duties voids any attempt to release claims to any...

Employer-provided benefits are a large and growing share of compensation costs. In this paper, I consider three factors that can affect the value created by employer-sponsored benefits. First, firms have a comparative advantage (for example, due to scale economies or tax treatment) in purchasing...