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Court Schedules Pension Case Arguments

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The U.S. Supreme Court plans to hear oral arguments concerning a case involving death, pension benefits and divorce Oct. 7.

The case, Kennedy vs. Plan Adm. for Dupont Savings, 07-636, relates to a Texas resident who participated in a pension plan and a retirement plan. The Texas resident divorced and failed to complete all of the steps necessary to act on a divorce settlement agreement in which the ex-wife agreed to give up any interests in the plans, according to court pleadings.

A state law held that divorce ended a spouse’s right to a stake in the other spouse’s pension benefits.

When the man died, the plans paid all benefits to the ex-wife.

The estate sued.

A trial court ruled in favor of the estate, but the 5th U.S. Circuit Court of Appeals ruled in favor of the ex-wife.


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