Clarity For Plan Administrators

Law360, New York (February 2, 2009, 12:00 AM EST) -- On Jan. 26, 2009, the Supreme Court of the United States issued a decision in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, in which the Supreme Court clarified that plan administrators have a duty under the Employee Retirement Income Security Act of 1974 (ERISA) to follow the directives of a plan document in distributing benefits.

In a unanimous opinion, the Supreme Court held that a former spouse’s waiver of her interest in a participant’s pension benefits through a divorce decree was not effective...
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