In re Estate of Sauers

32 A.3d 1241, 613 Pa. 186, 53 Employee Benefits Cas. (BNA) 1044, 2011 Pa. LEXIS 2832
CourtSupreme Court of Pennsylvania
DecidedNovember 23, 2011
StatusPublished
Cited by35 cases

This text of 32 A.3d 1241 (In re Estate of Sauers) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Sauers, 32 A.3d 1241, 613 Pa. 186, 53 Employee Benefits Cas. (BNA) 1044, 2011 Pa. LEXIS 2832 (Pa. 2011).

Opinions

OPINION

Justice BAER.

In this appeal by allowance, we are called to decide whether, and to what degree, the federal Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA) preempts Section 6111.2 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6111.2.1 We have also agreed to determine what we view as a preliminary question concerning whether an estate possesses the legal capacity to initiate a cause of action on behalf of a contingent beneficiary to a life [1245]*1245insurance policy.2 For the reasons that follow, we hold that while an estate may properly bring a cause of action on behalf of a contingent beneficiary to a life insurance policy in a county orphans’ court seeking the proper distribution of assets, ultimately, ERISA preempts Section 6111.2 of the Probate Code. To the extent the en bane panel of the Superior Court held otherwise, we reverse and remand this appeal to that court for proceedings consistent with this opinion.

The factual and procedural histories of this case are undisputed. In June of 1997, Paul J. Sauers, III (Decedent), obtained a $40,000.00 life insurance policy from the Hartford Life Insurance Company, pursuant to an employee group benefit plan. The parties agree that the insurance policy is subject to all provisions of ERISA. On June 27, 1998, Decedent married Appellant, Jodie L. Sauers (Ex-Spouse), and named her as the primary beneficiary of the insurance policy. On October 13,1998, Decedent designated his nephew, Ian D. Rehn, as a contingent beneficiary (Contingent Beneficiary) of the insurance policy. Almost four years to the date of their nuptials, on June 11, 2002, Decedent and Ex-Spouse divorced. Decedent passed away on September 19, 2006. At the time of his death, the beneficiaries of the life insurance policy remained the same: Ex-Spouse as the primary beneficiary, and Mr. Rehn as the contingent beneficiary.

In February of 2007, William F. Sauers, administrator of Decedent’s estate (Administrator), filed in the Orphans’ Court of York County a petition for rule to show cause why primary beneficiary Ex-Spouse should not surrender to Contingent Beneficiary all interest in the proceeds of the insurance policy. Administrator contended that Contingent Beneficiary was entitled to the policy’s proceeds in accord with 20 Pa.C.S. § 6111.2, supra note 1, because “any designation in favor of [a decedent’s] former spouse which was revocable by [the [1246]*1246decedent] after the divorce shall become ineffective for all purposes and shall be construed as if such former spouse had predeceased [decedent]....” 20 Pa.C.S. § 6111.2.3

Ex-Spouse filed preliminary objections on March 80, 2007, and a motion to dismiss the petition for rule to show cause on April 25, 2007. The preliminary objections challenged, inter alia: (1) the Orphans’ Court’s subject matter jurisdiction to entertain the petition, see Pa. R.C.P. 1028(a)(1); and (2) Administrator’s capacity to file the petition in the Orphans’ Court on Contingent Beneficiary’s behalf. See Pa. R.C.P. 1028(a)(5).4 As a basis for both objections, Ex-Spouse contended that, because the insurance policy was not a testamentary document and thus had no bearing on the administration of an estate, it was improper for an administrator of an estate, or a court charged with supervision of that estate, to concern themselves with the policy or its proceeds. As for the motion to dismiss, Ex-Spouse argued that regardless of any Pennsylvania statute to the contrary, ERISA mandates that the proceeds of the policy be paid to her as the primary beneficiary of the policy. See 29 U.S.C. § 1104(a)(1)(D) (providing that, with respect to ERISA-governed plans, plan administrators and fiduciaries shall discharge their duties, including payment of benefits, “in accordance with the documents and instruments governing the plan”). Accordingly, and because ERISA preempts “any and all State laws insofar as they may now or hereafter relate to any employee benefit plan,” 29 U.S.C. § 1144(a), Section 6111.2, directing that the life insurance proceeds by paid to Contingent Beneficiary as a matter of Pennsylvania law, was preempted and of no effect.

On April 27, 2007, the Orphans’ Court denied both of Ex-Spouse’s preliminary objections on identical grounds, finding that the Orphans’ Court had subject matter jurisdiction and Administrator possessed the capacity to bring the petition for rule to show cause, because the petition concerned the right of the estate “to the proceeds of an insurance policy on [D]ece-dent’s life which [D]ecedent owned at the time of his death.” Tr. Ct. Order Disposing of Preliminary Objections, Apr. 27, 2007, at 1-2 (citing In re Henderson’s Estate, 395 Pa. 215, 149 A.2d 892 (1959)). Concerning the motion to dismiss, the Orphans’ Court disagreed with Ex-Spouse that ERISA preempted Section 6111.2, because, under what is commonly known as the prior restraint clause of Section 6111.2, see supra note 1, plan administrators/fiduciaries cannot be held liable for “making payments to a former spouse which would have been proper in the absence of [Section 6111.2].” 20 Pa.C.S. § 6111.2; see also Tr. Ct. Slip Op. at 2; Notes of Testimony (N.T.), May 11, 2007, at 12-13 (announcing the decision of the court from the bench). As will be developed infra, the trial court accepted Administrator’s argument that the plan administrator’s statutory protection meant that she could distribute the [1247]*1247insurance proceeds without state law constraining her actions. Thus, there was no conflict between the federal law’s directive and state law.

Ex-Spouse filed a timely appeal to the Superior Court, averring error by the Orphans’ Court in overruling the preliminary objections regarding its jurisdiction and Administrator’s capacity to file the petition for rule to show cause, and in not finding Section 6111.2 preempted by ERISA. Originally, a three-judge panel of the Superior Court heard argument and issued an opinion, reversing the judgment of the Orphans’ Court.5 On July 17, 2008, however, the court granted reargument en banc. Upon reargument, the court affirmed the holdings of the Orphans’ Court, determining that: the Orphans’ Court had subject matter jurisdiction over the administration and distribution of Decedent’s life insurance policy proceeds; Administrator possessed the legal capacity to initiate the proceedings against Ex-Spouse on Contingent Beneficiary’s behalf; and Section 6111.2’s general exemption of plan administrators from liability for distribution of life insurance proceeds to ex-spouses pursuant to the prior restraint clause saved the statute from preemption. In re Estate of Sauers, 971 A.2d 1265 (Pa.Super.2009) (en banc).

Judge Bowes concurred in part, and dissented in part (the CO/DO). Specifically, the CO/DO concurred in the en banc majority’s conclusions regarding subject matter jurisdiction and Administrator’s capacity to sue.

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Bluebook (online)
32 A.3d 1241, 613 Pa. 186, 53 Employee Benefits Cas. (BNA) 1044, 2011 Pa. LEXIS 2832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-sauers-pa-2011.