Charles

It seems that the Plan Language automatically revoking a spouse upon a later divorce would control. I was hoping to find a case on point. It may be a bit too obvious to be taken up by a Court since Kennedy v. Dupont clearly dictates that clear Plan language will control. Thank you for any case references you may know of.

My dilemma is that the plan administrator chose the spouse as the death beneficiary when the plan under which she was named had an automatic revocation clause, Subsequent plan (which had a no carry-forward of beneficiary notice) held that DB gets the benefits. The administrator took this to mean that she could ignore the automatic revocation language in prior plan (where spouse was primary beneficiary). Thank you for any cases which discuss.

Does anyone know of a Federal Court case which ratified that automatic revocation upon divorce clauses in a plan are legal and enforceable.

Are there any cases which support an auto-revocation upon divorce clause in a 401(k) plan as it pertains to a named spouse beneficiary?