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Federal Life Insurance Rules Preempt State Law
Law Offices of Albert Feuer, via SSRN Aug. 9, 2013 "The Supreme Court recently decided ... that the federal laws governing a life insurance program for federal employees preempt a state equitable remedy. The decision suggests that a state law ownership claim, whether based on domestic relations law (other than one complying with plan terms), contract law, property disposition on death law, a court order, or other equitable principles, is preempted if it attempts to limit the ability of a participant in a plan governed by [ERISA] to choose beneficiaries, or the right of a beneficiary chosen by the participant under the plan terms to receive and keep those designated benefits.... These ERISA and FERS conclusions are supported by the ringing endorsement of [this case] and its reasoning in the Court's majority opinion of United States v. Windsor." |
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