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October 29, 2008 at 11:35 AM
The U.S. Supreme Court has asked the parties in a retirement plan case to answer questions about whether the plan should have had to pay out benefits to a participant’s ex-wife.
The court has issued an order seeking supplemental briefs in connection with Kennedy et al. vs. Plan Adm. For DuPont Savings et al.
The case involves claims against the benefits of a Texas resident who participated in a pension plan and a retirement plan.
The Texas resident, William Kennedy, 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.
