At page 683 Review of summary judgment and ERISA preemption28 citing casesholding that participant’s “pension benefits irrevocably vested in [his then-spouse] on the date of his retirement and [his subsequent spouse] is forever barred *139 from acquiring an interest in [his] pension plan
- Yale-New Haven Hosp. v. Nicholls, 788 F.3d 79 (2d Cir. 2015).published(holding that “pension benefits irrevocably vested in [surviving spouse] on the date of [participant’s] retirement)
- Cowser-Griffin v. Griffin (ORDER), No. 140350 (Va. Feb. 26, 2015).published([B]enefits irrevocably vested in [the second wife] on the date of [her husband's] retirement," and plaintiff's failure to obtain a QDRO prior to her ex-husband's retirement forever barred her from acquiring any interes…)
- Sandra D. T. Griffin v. David L. Griffin, c/o Kimberly Cowser-Griffin, etc., 753 S.E.2d 574 (Va. Ct. App. 2014).published See [Hopkins, 105 F.3d at 156-57 ]; Rivers v. Central & South West Corp., 186 F.3d 681, 683-84 (5th Cir.1999).
- Robinette v. Hunsecker, 66 A.3d 1093 (Md. Ct. Spec. App. 2013).published(noting that the REA amended ERISA’s marriage requirements to resolve contentions among the courts with regard to the application of the former surviving spouse provisions)
- Vanderkam v. Pension Benefit Guar. Corp., 943 F. Supp. 2d 130 (D.D.C. 2013).published(holding that participant’s “pension benefits irrevocably vested in [his then-spouse] on the date of his retirement and [his subsequent spouse] is forever barred *139 from acquiring an interest in [his] pension plan)
- Est. of Willie Mae Moore v. Wal-Mart Stores, Inc, 423 F. App'x 445 (5th Cir. 2011).unpublishedCorp., 186 F.3d 681, 683 (5th Cir.1999).
- Connie White v. Metro. Life Ins Co., 414 F. App'x 657 (5th Cir. 2011).unpublishedCorp., 186 F.3d 681, 683 (5th Cir.1999).
- Rickey Carthon v. Steve Prator, 408 F. App'x 779 (5th Cir. 2010).unpublishedCorp., 186 F.3d 681, 683 (5th Cir.1999).
- Hayes v. Hayes, 994 So. 2d 246 (Miss. Ct. App. 2008).publishedCorp., 186 F.3d 681, 683 (5th Cir.1999).
- Walsh v. Woods, 638 S.E.2d 85 (S.C. Ct. App. 2006).published(finding SSB irrevocably vested in plan participant’s current wife “on the date of his retirement and [former wife] is forever barred from acquiring an interest in [his] pension plan)
Show 17 more citing cases
- Oglesby v. AT & T CORP., 527 F. Supp. 2d 528 (N.D. Tex. 2006).publishedThe Fifth Circuit adopted the Hopkins court’s rationale in Rivers v. Central and South West Corporation, holding that the current wife beneficiary’s survivor benefits irrevocably vested in her on her husband’s retirement and that an ex-wif…
- Torres v. Torres, 60 P.3d 798 (Haw. 2003).published (concluding that ERISA pension benefits irrevocably vested on the date of the participant’s retirement in the second wife, where the first wife had failed to obtain a QDRO prior to the participant’s retirement)
- Metro. Life Ins. v. Palmer, 238 F. Supp. 2d 831 (E.D. Tex. 2002).publishedCorp., 186 F.3d 681, 683 (5th Cir.1999) (citing Morales v. Trans.
- Metro. Life Ins. v. Palmer, 238 F. Supp. 2d 826 (E.D. Tex. 2002).publishedCorp., 186 F.3d 681, 683 (5th Cir.1999) (citing Morales v. Trans World Airlines, Inc., 504 U.S. 374, 383 , 112 S.Ct. 2031 , 119 L.Ed.2d 157 (1992)).
- McClendon v. City of Columbia, 285 F.3d 1078 (5th Cir. 2002).publishedCorp., 186 F.3d 681, 683 (5th Cir. 1999).
- Miller v. Sw. Bell, No. 01-21318 (5th Cir. Oct. 8, 2002).unpublishedCorp., 186 F.3d 681, 683 (5th Cir. 1999).
- Peter Clayton McClendon v. City of Columbia, City of Columbia James R. Carney, 305 F.3d 314 (5th Cir. 2002).published Corp., 186 F.3d 681, 683 (5th Cir.1999).
- Stahl v. Exxon Corp., 212 F. Supp. 2d 657 (S.D. Tex. 2002).published Corp., 186 F.3d 681, 683 (5th Cir.1999) (citing 29 U.S.C. § 1056 (d)(3)(A)).
- United States v. Southland Mgmt. Corp., 326 F.3d 669 (5th Cir. 2002).publishedCorp., 186 F.3d 681, 683 (5th Cir. 1999).
- United States v. Southland Mgmt. Corp., W. Thad McLaurin Charles C. Taylor, Jr. Arthur W. Doty, 288 F.3d 665 (5th Cir. 2002).published Corp., 186 F.3d 681, 683 (5th Cir.1999).
- Stahl v. Novartis Pharm. Corp., 283 F.3d 254 (5th Cir. 2002).publishedCorp., 186 F.3d 681, 683 (5th Cir.1999).
- Shannon v. Henderson, No. 01-10346, 2001 WL 1223633 (5th Cir. Sept. 26, 2001).unpublishedCorp., 186 F.3d 681, 683 (5th Cir. 1999).
- Davenport v. Robert H. Davenport, D.D.S., M.S., P.A., 146 F. Supp. 2d 770 (M.D.N.C. 2001).publishedCorp., 186 F.3d 681, 683 (5th Cir.1999) (same).
- Franks v. Prudential Health Care Plan, Inc., 164 F. Supp. 2d 865 (W.D. Tex. 2001).publishedCorp., 186 F.3d 681, 683 (5th Cir.1999)(quoting Morales v. Trans World Airlines, Inc., 504 U.S. 374, 383 , 112 S.Ct. 2031 , 119 L.Ed.2d 157 (1992)).
- Trs. of the Directors Guild of Am.-Producer Pension Benefits Plans v. Tise, 234 F.3d 415 (9th Cir. 2000).publishedSolutions Co., 105 F.3d 153, 156-57 (4th Cir.1997); Rivers v. Central & South West Corp., 186 F.3d 681, 683-84 (5th Cir.1999).
- In Re Marriage of Padgett, 172 Cal. App. 4th 830 (Cal. Ct. App. 2009).published One line of cases holds that without a preexisting QDRO, the surviving spouse benefits vest entirely in the subsequent spouse on the date the participant retires so that a state DRO (domestic relations order) is not an enforceable QDRO whe…
- Brackens v. City of Ennis Texas, No. 99-10086 (5th Cir. Jan. 3, 2000).unpublishedSee Rivers v. Central and South West Corp., 186 F.3d 681, 683 (5th Cir. 1999).
At page 682 Vesting of pension benefits in surviving spouse10 citing cases
- March Mcknight, Jr. Vs. Merri Mcknight (fm-07-16154-94, Essex Cnty. & Statewide), No. A-1386-19 (N.J. Super. Ct. App. Div. Nov. 17, 2021).unpublishedFor example, in Rivers v. Central and South West Corp., 186 F.3d 681, 682 (5th Cir. 1999), which predates the 2006 statute, Rivers sought entry of a QDRO after the death of her former husband awarding her survivor benefits for a retirement…
- Marriage of Pallo, No. G058738 (Cal. Ct. App. Feb. 1, 2021).unpublished(Id. at pp. 156-157.) Similarly, in Rivers v. Central & South West Corp. (5th Cir. 1999) 186 F.3d 681, 682 (Rivers), Rheba Rivers and her ex-husband Perry Franklin entered a community property settlement agreement when they divorced; the a…
- Genesis Ins. v. Wausau Ins. Companies, 343 F.3d 733 (5th Cir. 2003).publishedCorporation, 186 F.3d 681, 682 (5th Cir.1999).
- Instone Travel Tech Marine & Offshore v. Int'l Shipping Partners, Inc., 334 F.3d 423 (5th Cir. 2003).publishedDist., 308 F.3d 451 , 458 (5th Cir.2002); Rivers v. Central and South West Corporation, 186 F.3d 681, 682 (5th Cir.1999).
- Leasehold Expense Recovery, Inc. v. Mothers Work, Inc. Mothers Work (Re) Inc., 331 F.3d 452 (5th Cir. 2003).publishedCorp., 186 F.3d 681, 682 (5th Cir.1999).
- Linehan v. New Orleans Roosevel, No. 02-30405 (5th Cir. Apr. 30, 2003).unpublishedCorp., 186 F.3d 681, 682 (5th 1 Ms. Linehan also brought suit against the hotel, alleging that defects in the locking system of the door permitted Garing to enter her room without a key.
- Transitional Learnin v. US OPM, 220 F.3d 427 (5th Cir. 2000).publishedSee Rivers v. Central and South West Corporation, 186 F.3d 681, 682 (5th Cir.1999).
- Transitional Learning Cmty. at Galveston, Inc. v. United States Off. of Pers. Mgmt., 220 F.3d 427 (5th Cir. 2000).publishedSee Rivers v. Central and South West Corporation, 186 F.3d 681, 682 (5th Cir.1999).
- Robert E. Rhoades, Tr. for the Firstbanc Sav. Ass'n Emp. Stock Ownership Plan v. Michael E. Casey, Michael E. Casey, Defendant-Counter Claimant-Appellant v. The Texas Sav. & Loan Dep't Kathy Barnes Vivian Wechie, & the Off. of Thrift Supervision, Defendant-Counter Dir. of the Off. of Thrift Supervision, Us Dep't of the Treasury v. Michael E. Casey, 196 F.3d 592 (1st Cir. 1999).published See Rivers v. Central and South West Corporation, 186 F.3d 681, 682 (5th Cir. 1999).
- Rhoades v. Casey, 196 F.3d 592 (5th Cir. 1999).published See Rivers v. Central and South West Corporation, 186 F.3d 681, 682 (5th Cir.1999).
Other citing cases
- Dorn v. Int'l Bhd. of Elec. Workers, 211 F.3d 938 (5th Cir. 2000).published
- IBM Sav. Plan v. Price, 349 F. Supp. 2d 854 (D. Vt. 2004).published
- Carmona v. Carmona, 603 F.3d 1041 (9th Cir. 2010).published
- Carmona v. Carmona, 544 F.3d 988 (9th Cir. 2008).published
v.
Central and Southwest Corporation
Rheba Hawthorne Franklin Rivers (“Rivers”) seeks a judgment awarding her a portion of the pension benefits currently being paid to the second wife, and widow, of pension plan participant Perry Franklin (“Franklin”). Rivers, Franklin’s ex-wife, asserts that she is both a “participant” and “beneficiary” as contemplated under ERISA and that the district court erred by determining that Franklin’s pension benefits had irrevocably vested in his second wife. Finding no error in the district court’s rationale, we affirm.
I.
Rivers and Franklin were married on February 2, 1946, and divorced on February 16,1972. Franklin had been employed by Southwestern Electric Power Company (“SWEPCO”) since September 16, 1952, where he remained an employee until his retirement on April, 1, 1983. A community property settlement agreement was entered into between Rivers and Franklin on the day of their divorce. The agreement did not address Franklin’s pension benefits in SWEPCO. Franklin married his second wife, Carolyn Franklin (“Mrs. Franklin”) on February 19, 1972, and they remained married until Franklin’s death on July 26, 1987. On April, 1, 1983, the day of his retirement, Franklin began to receive joint and survivor annuity benefits from SWEPCO. Under the terms of the pension agreement, Mrs. Franklin was entitled to receive a survivor annuity equal to fifty percent of her husband’s pension when he died.
On July 29, 1997, Rivers filed suit in state court against Central and Southwest Corporation [1] and SWEPCO asserting a claim to one-half of twenty-four and one-half years worth of Franklin’s pension from SWEPCO. The suit was removed to the United States District Court for the Western District of Louisiana and Rivers was subsequently ordered to join Mrs. Franklin as a defendant in the suit. In her petition to the lower court, Rivers argued that she is entitled to Franklin’s pension money as one-half owner of the pension plan under Louisiana’s community property laws. She requested that a “qualified domestic relations order” (“QDRO”) be issued recognizing her as the rightful beneficiary of that plan, thereby[*683] remedying the parties’ failure to include Franklin’s retirement benefits in the divorce settlement agreement.
On June 8, 1998, Mrs. Franklin filed a motion for summary judgment which was adopted in-full by C&S and SWEPCO. The lower court granted the motions for summary judgment and dismissed with prejudice all claims that Rivers had against the defendants. This appeal followed.
II.
This court reviews the grant of a summary judgment de novo, applying the same standards as the district court. See Duffy v. Leading Edge Products, Inc., 44 F.3d 308, 312 (5th Cir.1995). Summary judgment is appropriate, when, viewing the evidence in the light most favorable to the non-moving party, the record reflects that no genuine issue of any material fact exists, and the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also FED.R.CIV.P.56(c). After the movant meets its burden, the non-movant must designate specific facts showing there is a genuine issue for trial. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994).
Rivers argues that ERISA does not preempt the settlement agreement she entered into at the time of her divorce. She asserts that, although the agreement failed to include an interest in Franklin’s pension money, the court can now “supplement” the agreement by ordering that she be given a one-half interest in Franklin’s pension plan.
It is well settled that ERISA generally preempts state law. Morales v. Trans World Airlines Inc., 504 U.S. 374, 383, 112 S.Ct. 2031, 119 L.Ed.2d 157 (1992). This sweeping preemption made it difficult in the past for state courts to divide pension entitlements in divorce proceedings. Surviving spouse benefits were payable to the surviving spouse only if the surviving spouse was married to the participant on both the date of the participant’s retirement and the date of the participant’s death. See 26 C.F.R. § 1.401(a)— 11(d)(3)®,(ii),(iii)(1977). To remedy this situation, the Retirement Equity Act (“REA”) of 1984 amended ERISA’s marriage requirements. Presently, a former spouse can replace the current spouse as the beneficiary of the plan if they obtain a qualified domestic relations order (“QDRO”), recognizing the former spouse as an alternate payee. 29 U.S.C.A. § 1056(d)(3)(A).
In Hopkins v. AT&T Global Information Solutions Co., 105 F.3d 153, 155 (4th Cir.1997), the Fourth Circuit acknowledged that a former spouse can be recognized as a surviving spouse when all of the statutory requirements of § 1056 are met. Most importantly, however, it determined that the benefits irrevocably vest in the plan participant’s current spouse on the date of the participant’s retirement. Id. at 156. In Hopkins, the former spouse of the plan participant obtained a Surviving Spouse Order and argued that it granted her an ownership right, under § 1056, in her ex-husband’s pension plan. [2] The court determined, as a matter of first impression in the federal courts, that a plan participant’s benefits vest in his current spouse on the day of retirement. Id. at 156. Since the petitioner had obtained the order one year after the plan participant’s date of retirement, the court held that the pension’s benefits had irrevocably vested in the current spouse and that the order was not a QDRO for purposes of § 1056. Id.
This Circuit agrees with the Fourth Circuit’s decision in Hopkins and adopts its rationale. Rivers failed to protect her rights in Franklin’s pension plan by neglecting to obtain a QDRO prior to Franklin’s retirement date. Consequently, Franklin’s pension benefits irrevocably[*684] vested in Mrs. Franklin on the date of his retirement and Rivers is forever barred from acquiring an interest in Franklin’s pension plan.
III.
River’s failure to obtain a QDRO prior to Mrs. Franklin’s vesting of Franklin’s pension benefits forbids any recovery by Rivers. Accordingly, we AFFIRM the district court’s decision in all respects.