May 2014

You already know that the Defense of Marriage Act (DOMA), which prohibited recognition of same-sex marriages, was declared unconstitutional.  United States v. Windsor, 133 S.Ct. 2675 (2013)

In states recognizing same-sex marriages, ERISA benefits, like life and disability benefits provided through insurance contracts, will most likely be viewed as covering a same-sex spouse.

But

Sometimes determining the correct beneficiary for ERISA-governed life insurance benefits can present real challenges. 

Can the deceased’s will prove the deceased’s intent designating the correct beneficiary?  It depends on the language of the will.

A Plan administrator, vested with discretion, can choose to excuse technical errors in beneficiary-designation forms or it can elect to enforce

You already know that plans that contain “discretionary language” should enjoy a more deferential review by the trial court.

But when the plan administrator decides and funds the benefit decision, courts view this as a “structural conflict” and impose additional expectations on the claims process.

Sometimes de novo review isn’t all bad.

Here’s the recent