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Kennedy v.
Plan Administrator for Dupont Savings and Investment Plan
(07-636)
ERISA plan administrator
must pay according to plan documents
Decided January 26, 2009
[Full text of
decision]
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Official
Syllabus:
The Employee Retirement Income Security Act of 1974 (ERISA), as relevant
here, obligates administrators to manage ERISA plans “in accordance with the
documents and instruments governing” them, 29 U. S. C. §1104(a)(1)(D);
requires covered pension benefit plans to “provide that benefits … may not
be assigned or alienated,” §1056(d)(1); and exempts from this bar qualified
domestic relations orders (QDROs), §1056(d)(3). The decedent, William Kennedy,
participated in his employer’s savings and investment plan (SIP), with power
both to designate a beneficiary to receive the funds upon his death and to
replace or revoke that designation as prescribed by the plan administrator.
Under the terms of the plan, if there is no surviving spouse or designated
beneficiary at the time of death, distribution is made as directed by the
estate’s executor or administrator. Upon their marriage, William designated
Liv Kennedy his SIP beneficiary and named no contingent beneficiary. Their
subsequent divorce decree divested Liv of her interest in the SIP benefits, but
William did not execute a document removing Liv as the SIP beneficiary. On
William’s death, petitioner Kari Kennedy, his daughter and the executrix of
his Estate, asked for the SIP funds to be distributed to the Estate, but the
plan administrator relied on William’s designation form and paid them to Liv.
The Estate filed suit, alleging that Liv had waived her SIP benefits in the
divorce and thus respondents, the employer and the SIP plan administrator
(together, DuPont), had violated ERISA by paying her. As relevant here, the
District Court entered summary judgment for the Estate, ordering DuPont to pay
the benefits to the Estate. The Fifth Circuit reversed, holding that Liv’s
waiver was an assignment or alienation of her interest to the Estate barred by
§1056(d)(1).
Held: 1. Because Liv did not attempt to
direct her interest in the SIP benefits to the Estate or any other potential
beneficiary, her waiver did not constitute an assignment or alienation rendered
void under §1056(d)(1). Pp. 5–13. (a) Given
the legal meaning of “assigned” and “alienated,” it is fair to say that
Liv did not assign or alienate anything to William or to the Estate. The Fifth
Circuit’s broad reading—that Liv’s waiver indirectly transferred her
interest to the next possible beneficiary, here the Estate—is questionable. It
would be odd to speak of an estate as the transferee of its own decedent’s
property or of the decedent in his lifetime as his own transferee. It would also
be strange under the Treasury Regulation that defines “assignment” and
“alienation.” Moreover, it is difficult to see how certain waivers not
barred by the antialienation provision e.g., a surviving spouse’s
ability to waive a survivor’s annuity or lump-sum payment, see Boggs v.
Boggs, 520 U. S. 833 ; 29 U. S. C. §§1055(a), (b)(1)(C),
(c)(2), would be permissible under the Fifth Circuit’s reading. These doubts,
and exceptions calling the Fifth Circuit’s reading into question, point the
Court toward the law of trusts that “serves as ERISA’s backdrop.” Beck
v. PACE Int’l Union, 551 U. S. 96 . Section 1056(d)(1) is much
like a spendthrift trust provision barring assignment or alienation of a
benefit, see Boggs, supra, at 852, and the cognate trust law is highly
suggestive here. The general principle that a designated spendthrift beneficiary
can disclaim his trust interest magnifies the improbability that a statute
written with an eye on the old law would effectively force a beneficiary to take
an interest willy-nilly. The Treasury reads its own regulation to mean that the
antialienation provision is not violated by a beneficiary’s waiver “where
the beneficiary does not attempt to direct her interest in pension benefits to
another person.” Brief for United States as Amicus Curiae 18. Being
neither “plainly erroneous [n]or inconsistent with the regulation,” the
Treasury Department’s interpretation is controlling. Auer v. Robbins,
519 U. S. 452 . ERISA’s QDRO provisions shed no light on the validity of
a waiver by a non-QDRO. Pp. 5–11. (b) DuPont’s
additional reasons for saying that ERISA barred Liv’s waiver are unavailing.
Pp. 11–13. 2. Although Liv’s waiver was
not nullified by §1056’s express terms, the plan administrator did its ERISA
duty by paying the SIP benefits to Liv in conformity with the plan documents.
ERISA provides no exception to the plan administrator’s duty to act in
accordance with plan documents. Thus, the Estate’s claim stands or falls by
“the terms of the plan,” 29 U. S. C. §1132(a)(1)(B), a
straightforward rule that lets employers “ ‘establish a uniform
administrative scheme, [with] a set of standard procedures to guide processing
of claims and disbursement of benefits,’ ” Egelhoff v. Egelhoff,
532 U. S. 141 . By giving a plan participant a clear set of instructions
for making his own instructions clear, ERISA forecloses any justification for
enquiries into expressions of intent, in favor of the virtues of adhering to an
uncomplicated rule. Less certain rules could force plan administrators to
examine numerous external documents purporting to be waivers and draw them into
litigation like this over those waivers’ meaning and enforceability. The
guarantee of simplicity is not absolute, since a QDRO’s enforceability may
require an administrator to look for beneficiaries outside plan documents
notwithstanding §1104(a)(1)(D). But an administrator enforcing a QDRO must be
said to enforce plan documents, not ignore them, and a QDRO enquiry is
relatively discrete, given its specific and objective criteria. These are good
and sufficient reasons for holding the line, just as the Court did in holding
that ERISA preempted state laws that could blur the bright-line requirement to
follow plan documents in distributing benefits. See Boggs, supra, at 850,
and Egelhoff, supra, at 143. What goes for inconsistent state law
goes for a federal common law of waiver that might obscure a plan
administrator’s duty to act “in accordance with the documents and
instruments.” See Mertens v. Hewitt Associates, 508 U. S.
248 . This case points out the wisdom of protecting the plan documents rule.
Under the SIP, Liv was William’s designated beneficiary. The plan provided a
way to disclaim an interest in the SIP account, which Liv did not purport to
follow. The plan administrator therefore did exactly what §1104(a)(1)(D)
required and paid Liv the benefits. Pp. 13–18. 497 F. 3d 426, affirmed. Souter, J.,
delivered the opinion for a unanimous Court.
Case below: Kennedy
v. Plan Administrator for Dupont Savings and Investment Plan (5th Cir
08/15/2007)
Certiorari Documents:
Briefs on the merits:
Counsel:
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