ERISA Doesn't Preempt Retirement Benefit Waiver: 4th Circ.

Law360, New York (March 5, 2013, 3:46 PM EST) -- The Fourth Circuit said Monday that the Employee Retirement Income Security Act doesn’t prevent courts from forcing a beneficiary to surrender insurance or retirement plan proceeds if he — in this case the ex-husband of a deceased Venable LLP attorney — previously waived rights to the benefits.

In a published opinion, a three-judge panel ruled that Dr. Scott Andochick could be forced by a state court to turn over retirement and life insurance benefits that he received after his ex-wife and former Venable attorney, Erika Byrd,...
To view the full article, register now.