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Did a Unanimous Supreme Court Misread ERISA, Misread the Court's Precedents, Undermine Basic ERISA Principles, and Encourage Benefits Litigation?
Social Science Research Network [SSRN] 
[Opinion] Oct. 12, 2009
Excerpt: In Kennedy v. Plan Administrator of the DuPont Savings and Investment Plan (the 'Kennedy Decision'), a unanimous Supreme Court appeared to proclaim a 'bright-line rule' that plan documents determine benefit distribution rights. However, by misreading ERISA and its own precedents, the Supreme Court needlessly undermined basic ERISA principles with respect to the determination and the protection of ERISA benefit entitlements, the coverage of the prohibition on the alienation of pension benefits (the 'Alienation Prohibition') and the rules pertaining to QDROs.
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