High Court To Consider Ex-Spouse's ERISA Waiver

Law360, New York (February 19, 2008, 12:00 AM EST) -- The U.S. Supreme Court agreed Tuesday to hear a case concerning the process by which a divorced individual may relinquish rights to a former spouse's pension benefits under the Employee Retirement Income Security Act.

In granting certiorari in the case of Kennedy v. DuPont Plan Administrator, the high court will address only the petition's third question, which asks whether the Qualified Domestic Relations Order provision of ERISA is the only valid way a person can give up rights to an ex-spouse's pension benefits.

The petitioners appealed...
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