Kennedy v. Plan Adm. for DuPont Savings was heard by the United States Supreme Court yesterday. At issue is whether a divorce agreement waiving survivorship pension rights is sufficient to defeat an unchanged beneficiary designation. The 5th circuit had held that a QDRO was the only way to defeat a pension beneficiary designation, creating a conflict between federal and state law. SCOTUSBLOG has posted the briefs and a summary of the issues at its companion SCOTUSWIKI. A transcript of the oral argument link is republished here.
We reported briefly here on this case in September and we'll keep you posted when it is decided.