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ERISA preempts state law on post-divorce beneficiaries (access required)

Published: December 7, 2011

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A state probate law that extinguishes the right of a divorced spouse to receive life insurance benefits as a named beneficiary is preempted by ERISA, the Pennsylvania Supreme Court has ruled in reversing judgment. In 1998, the defendant was named the primary beneficiary of her then husband’s $40,000 life insurance policy. The couple divorced in 2002. ...
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