Boggs v. Boggs

520 U.S. 833, 117 S. Ct. 1754, 138 L. Ed. 2d 45, 1997 U.S. LEXIS 3396
Supreme Court of the United States·Decided June 2, 1997·No. 96-79·Published·Cited by 479 cases

Opinions

Justice Kennedy

delivered the opinion of the Court.

We consider whether the Émployee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832, as amended, 29 U. S. C. § 1001 et seq., pre-empts a state law allowing a non[836] participant spouse to transfer by testamentary instrument an interest in undistributed pension plan benefits. Given the pervasive significance of pension plans in the national economy, the congressional mandate for their uniform and comprehensive regulation, and the fundamental importance of community property law in defining the marital partnership in a number of States, the question is of undoubted importance. We hold that ERISA pre-empts the state law.

I

Isaac Boggs worked for South Central Bell from 1949 until his retirement in 1985. Isaac and Dorothy, his first wife, were married when he began working for the company, and they remained husband and wife until Dorothy’s death in 1979. They had three sons. Within a year of Dorothy’s death, Isaac married Sandra, and they remained married until his death in 1989.

Upon retirement, Isaac received various benefits from his employer’s retirement plans. ' One was a lump-sum distribution from the Bell System Savings Plan for Salaried Employees (Savings Plan) of $151,628^94, which he rolled over into an Individual Retirement Account (IRA). He made no withdrawals and the account was worth $180,778.05 when he died. He also received 96 shares of AT&T stock from the Bell South Employee Stock Ownership Plan (ESOP). In addition, Isaac enjoyed a monthly annuity payment during his retirement of $1,777.67 from the Bell South Service Retirement Program.

The instant dispute over ownership of the benefits is between Sandra (the surviving wife) and the sons of the first marriage. The sons’ claim to a portion of the benefits is based on Dorothy’s will. Dorothy bequeathed to Isaac one-third of her estate, and a lifetime usufruct in the remaining two-thirds. A lifetime usufruct is the rough equivalent of a common-law life estate. See La. Civ. Code Ann., Art. 535 (West 1980). She bequeathed to her sons the naked owner[837] ship in the remaining two-thirds, subject to Isaac’s usufruct. All agree that, absent pre-emption, Louisiana law controls and that under it Dorothy’s will would dispose of her community property interest in Isaac’s undistributed pension plan benefits. A Louisiana state court, in a 1980 order entitled “Judgment of Possession,” ascribed to Dorothy’s estate a community property interest in Isaac’s Savings Plan account valued at the time at $21,194.29.

Sandra contests the validity of Dorothy’s 1980 testamentary transfer, basing her claim to those benefits on her interest under Isaac’s will and 29 U. S. C. § 1055. Isaac bequeathed to Sandra outright certain real property including the family home. His will also gave Sandra a lifetime usu-fruct in the remainder of his estate, with the naked ownership interest being held by the sons. Sandra argues that the sons’ competing claim, since it is based on Dorothy’s 1980 purported testamentary transfer of her community property interest in undistributed pension plan benefits, is pre-empted by ERISA. The Bell South Service Retirement Program monthly annuity is now paid to Sandra as the surviving spouse.

After Isaac’s death, two of the sons filed an action in state court requesting the appointment of an expert to compute the percentage of the retirement benefits they would be entitled to as a result of Dorothy’s attempted testamentary transfer. They further sought a judgment awarding them a portion of: the IRA; the ESOP shares of AT&T stock; the monthly annuity payments received by Isaac during his retirement; and Sandra’s survivor annuity payments, both received and payable.

In response, Sandra Boggs filed a complaint in the United States District Court for the Eastern District of Louisiana, seeking a declaratory judgment that ERISA pre-empts the application of Louisiana’s community property and succession laws to the extent they recognize the sons’ claim to an interest in the disputed retirement benefits. The District [838] Court granted summary judgment against Sandra Boggs. 849 F. Supp. 462 (1994). It found that, under Louisiana community property law, Dorothy had an ownership interest in her husband’s pension plan benefits built up during their marriage. The creation of this interest, the court explained, does not violate 29 U. S. C. § 1056(d)(1), which prohibits pension plan benefits from being “assigned” or “alienated,” since Congress did not intend to alter traditional familial and support obligations. In the court’s view, there was no assignment or alienation because Dorothy’s rights in the benefits were acquired by operation of community property law and not by transfer from Isaac. Turning to Dorothy’s testamentary transfer, the court found it effective because “[ERISA] does not display any particular interest in preserving maximum benefits to any particular beneficiary.” 849 F. Supp., at 465.

A divided panel of the Fifth Circuit affirmed. 82 F. 3d 90 (1996). The court stressed that Louisiana law affects only what a plan participant may do with his or her benefits after they are received and not the relationship between the pension plan administrator and the plan beneficiary. Id., at 96. For the reasons given by the District Court, it found ERISA’s pension plan anti-alienation provision, § 1056(d)(1), inapplicable to Louisiana’s creation of Dorothy Boggs’ community property interest in the pension plan benefits. It concluded that the transfer of the interest from Dorothy to her sons was not a prohibited assignment or alienation, as this transfer was “two steps removed from the disbursement of benefits.” Id., at 97.

Six members of the Court of Appeals dissented from the failure to grant rehearing en banc. 89 F. 3d 1169 (1996). In their view, a testamentary transfer of an interest in undistributed retirement benefits frustrates ERISA’s goals of securing national uniformity in pension plan administration and of ensuring that retirees, and their dependents, are the actual recipients of retirement income. They believed that [839] Congress’ creation of the qualified domestic relations order (QDRO) mechanism in § 1056(d)(3), whose requirements were not met by the 1980 judgment of possession, further supported their position. (A QDRO is a limited exception to the pension plan anti-alienation provision and allows courts to recognize a nonparticipant spouse’s community property interest in pension plans under specific circumstances.)

Free access — add to your briefcase to read the full text and ask questions with AI

Boggs v. Boggs, 520 U.S. 833, 117 S. Ct. 1754, 138 L. Ed. 2d 45, 1997 U.S. LEXIS 3396 (1997).

520 U.S. 833 (Boggs v. Boggs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Juneau v. State ex rel. Department of Health & Hospitals
197 So. 3d 398 (Louisiana Court of Appeal, 2016)
Hohu v. Hatch
940 F. Supp. 2d 1161 (N.D. California, 2013)
Alcorn v. Appleton
708 S.E.2d 390 (Court of Appeals of Georgia, 2011)
Old Carco LLC v. Kroger (In Re Old Carco LLC)
442 B.R. 196 (S.D. New York, 2010)
Sherfel v. Gassman
748 F. Supp. 2d 776 (S.D. Ohio, 2010)
Johnson v. Nanticoke Memorial Hospital, Inc.
700 F. Supp. 2d 670 (D. Delaware, 2010)
Hursey v. Hursey
704 F. Supp. 2d 1288 (N.D. Georgia, 2010)
Staelens Ex Rel. Estate of Staelens v. Staelens
677 F. Supp. 2d 499 (D. Massachusetts, 2010)
Hartford Life Ins. Co. v. EINHORN EX REL. MEHRING
676 F. Supp. 2d 116 (E.D. New York, 2009)
Gorham v. Gorham
31 So. 3d 421 (Louisiana Court of Appeal, 2009)
Tribble v. CHUFF
642 F. Supp. 2d 737 (E.D. Michigan, 2009)
Johnson v. Couturier
572 F.3d 1067 (Ninth Circuit, 2009)
Young v. Verizon's Bell Atlantic Cash Balance Plan
575 F. Supp. 2d 892 (N.D. Illinois, 2008)
Hallingby Ex Rel. Estate of Hallingby v. Hallingby
541 F. Supp. 2d 591 (S.D. New York, 2008)
Hemphill v. Estate of Ryskamp
619 F. Supp. 2d 954 (E.D. California, 2008)
ConocoPhillips Co. v. Henry
520 F. Supp. 2d 1282 (N.D. Oklahoma, 2007)
Metropolitan Life Insurance v. Price
501 F.3d 271 (Third Circuit, 2007)