Supreme Court Holds That Beneficiary is Determined In Accordance With Plan Document
13 February 2009
Mayer Brown Legal Update
On January 26, 2009, the U.S. Supreme Court, in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan (U.S., No. 07-636), unanimously ruled that a plan correctly distributed retirement benefits to a participant's ex-spouse who was named as the participant's beneficiary under the plan, despite her purported waiver of the benefits in a divorce decree.