Representing a client in a post-judgment matter wherein her ex-husband is now deceased.
Per the MSA, he was required to maintain life insurance for her and her children, but when he remarried his new wife was named as the beneficiary on the policies.
New wife is now arguing that ERISA applies and preempts any state court claims for constructive trust or reformation. However, since the policies are employer welfare benefit plans, there is no automatic spousal beneficiary designation requirement.
I have dealt with these issues in the past and have the requisite case law (Della Treza, etc.) on the enforcement claim; however, I am hoping that someone can give me a head start on my research into the Federal Preemption argument and whether same is applicable to an employer welfare plan as opposed to an employer benefit plan (such as a pension) where the new spouse must be the named beneficiary pursuant to ERISA.
TIA
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David Cardamone Esq.
Miller & Gaudio, P.C.
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