Pens. Plan Guide (Cch) P 23944l Rosemary Riordan v. Commonwealth Edison Co., 128 F.3d 549 (7th Cir. 1997). · Go Syfert
Pens. Plan Guide (Cch) P 23944l Rosemary Riordan v. Commonwealth Edison Co., 128 F.3d 549 (7th Cir. 1997). Cases Citing This Book View Copy Cite
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92 citation events (82 in the last 25 years) across 22 distinct courts.
Strongest positive: Butler v. Hartford Life and Accident Insurance Company, The (mnd, 2025-02-21)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Butler v. Hartford Life and Accident Insurance Company, The
D. Minnesota · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is true that erisa permits suits to recover benefits only against the plan as an entity.
discussed Cited as authority (rule) King v. King
S.D. Ill. · 2023 · confidence medium
Lincoln has shown these elements— and Shaunice does not dispute that ERISA covers the Group Plan. i. Ability to Bring Claims Under ERISA § 502 “Only participants, beneficiaries or fiduciaries (and the Secretary of Labor) may sue under ERISA [§ 502], 29 U.S.C. § 1132 (a) . . . .” Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997).
discussed Cited as authority (rule) Ben Hill Griffin, Inc. v. Anderson
M.D. Fla. · 2022 · confidence medium
Plan, 555 U.S. 285, 300 (2009) (holding that an ERISA claim “stands or falls by ‘the terms of the plan’”); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 553 (7th Cir. 1997) (ERISA generally requires the plan fiduciary to pay benefits to the beneficiary properly designated under the plan’s terms).
discussed Cited as authority (rule) Van Bergen v. Fastmore Logistics LLC
N.D. Ill. · 2022 · confidence medium
E.g., Mein v. Carus Corp., 241 F.3d 581, 585 (7th Cir. 2001) (employer proper defendant because it was “closely intertwined” with the plan based on employer being plan administrator and designated agent for service of process, and most communications with plaintiff regarding benefits were on employer’s stationery); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997) (declining to hold employer a wrong party to ERISA benefits action where “exact relationship between [the company] and the plan is not clearly set out, [t]he plan documents themselves refer to [the company…
discussed Cited as authority (rule) Jeffrey A. Riggert v. John H. Reed (2×)
Wis. Ct. App. · 2019 · confidence medium
Id.; see also Larson, 723 F.3d at 913 (“the obligor is the proper defendant on an ERISA claim to recover plan benefits”); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997) (holding that judgment against an employer is appropriate when that employer is sufficiently intertwined with the plan); see also Mein v. Carus Corp., 241 F.3d 581, 584-85 (7th Cir. 2001) (same). ¶36 Riggert argues that Leister is sufficiently analogous to justify holding Reed individually liable here.
discussed Cited as authority (rule) Central States, Southeast and Southwest Areas Health and Welfare Fund v. Haynes
N.D. Ill. · 2019 · confidence medium
Co., 793 F.3d 253, 257 (2d Cir. 2015); Wal-Mart Stores, Inc. Associates’ Health & Welfare Plan v. Wells, 213 F.3d 398, 402 (7th Cir. 2000); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997).
discussed Cited as authority (rule) Struve v. Electrolux Home Products, Inc. Life Insurance Plan
N.D. Ill. · 2019 · confidence medium
To the extent that Plaintiff challenges the denial of benefits, the Court agrees that Plaintiff’s Section 502(a)(3) claims 3 Plaintiff does discuss Mein v. Carus Corp., 241 F.3d 581, 585 (7th Cir. 2001), and Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997), in which the Seventh Circuit declined to hold that the employer cannot be sued under Section 502(a)(1)(B) along with the Plan when they are closely intertwined.
cited Cited as authority (rule) Williams v. Wilson
N.D. Ill. · 2018 · confidence medium
Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir. 1997) (citing § 1104 (a)(1)(D)).
discussed Cited as authority (rule) Becker v. Carmen Stephanie Mays-Williams
W.D. Wash. · 2016 · confidence medium
Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997) (“In circumstances where a plan provides liberal mechanisms for changing beneficiaries..., ‘strict’ enforcement means allowing participants to do exactly that.”).
discussed Cited as authority (rule) OSF Healthcare System v. Insperity Group Health Plan
C.D. Ill. · 2015 · confidence medium
See Leister v. Dovetail, Inc., 546 F.3d 875, 879 (7th Cir.2008) (explaining that ERISA’s provision that plans may be sued does not seem “to be limiting the class of defendants who may be sued”); Mein v. Carus Corp., 241 F.3d 581, 585 (7th Cir.2001) (holding that plan administrator was a proper defendant where administrator corporation was “closely intertwined” with plan); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997) (permitting suit to proceed where plan administrator referred to in plan documents “nearly interchangeably” with plan was named instead of pla…
discussed Cited as authority (rule) James Brooks v. Pactiv Corporation
7th Cir. · 2013 · confidence medium
Co., 502 F.3d 601, 610-11 (7th Cir.2007); Magin v. Monsanto Co., 420 F.3d 679, 686 (7th Cir.2005); Neuma, Inc. v. AMP, Inc., 259 F.3d 864 , 872 n. 4 (7th Cir.2001); Mein v. Carus Corp., 241 F.3d 581, 585 (7th Cir.2001); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997).
discussed Cited as authority (rule) Fitch v. Unum Life Insurance Co. of America
N.D. Ala. · 2012 · confidence medium
See 29 U.S.C. § 1132 (a)(1)(A) (stating that a beneficiary may sue “to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan ”)(emphasis added); 29 U.S.C. § 1104 (a)(1)(D); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997) (“ERISA instructs courts to enforce strictly the terms of plans....”).
discussed Cited as authority (rule) Ayotte v. Prudential Insurance Co. of America
N.D. Ill. · 2012 · confidence medium
In Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997), a plaintiff was permitted to sue his employer to recover ERISA benefits because the plan documents referred to the employer and plan interchangeably.
discussed Cited as authority (rule) Mugnai v. Kirk Corp.
N.D. Ill. · 2012 · confidence medium
Mein v. Carus Corp., 241 F.3d 581, 584-85 (7th Cir.2001) (allowing plaintiff to sue his employer to recover ERISA benefits because the employer and the plan were closely intertwined); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997) (permitting a plaintiff to sue employer to recover ERISA benefits because the plan documents referred to the employer and plan interchangeably).
cited Cited as authority (rule) Hoffman v. Sara Lee Corp.
N.D. Ill. · 2011 · confidence medium
Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997).
discussed Cited as authority (rule) Hakim v. Accenture United States Pension Plan
N.D. Ill. · 2010 · confidence medium
In another of the cases illustrating the limited exceptions to the ordinary rule, the Seventh Circuit allowed the plaintiff to proceed against the employer, rather than the plan itself, where “the exact relationship between [the employer] and the plan [was] not clearly set out.” Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (1997).
discussed Cited as authority (rule) Schultz v. Prudential Insurance Co. of America
N.D. Ill. · 2010 · confidence medium
Mein v. Carus Corp., 241 F.3d 581, 584-85 (7th Cir.2001) (allowing plaintiff to sue his employer to recover ERISA benefits because the employer and the plan were closely intertwined); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997) (permitting a plaintiff to sue employer to recover ERISA benefits because the plan documents referred to the employer and plan interchangeably).
discussed Cited as authority (rule) Leister, Sandra C. v. Dovetail Inc
7th Cir. · 2008 · confidence medium
But in cases such as this, in which the plan has never been unambiguously identified as a distinct entity, we have permitted the plaintiff to name as defendant whatever entity or entities, individual or corporate, control the plan, Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997), thus bridging the two groups of cases.
discussed Cited as authority (rule) Leister v. Dovetail, Inc.
7th Cir. · 2008 · confidence medium
But in cases such as this, in which the plan has never been unambiguously identified as a distinct entity, we have permitted the plaintiff to name as defendant whatever entity or entities, individual or corporate, control the plan, Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997), thus bridging the two groups of cases.
cited Cited as authority (rule) Powers v. Corn Products International, Inc.
N.D. Ill. · 2008 · confidence medium
Edison Co., 128 F.3d 549, 551 (7th Cir.1997); Mein v. Carus Corp., 241 F.3d 581, 584-85 (7th Cir.2001); Rivera v. Network Health Plan of Wisconsin, Inc., 320 F.Supp.2d 795, 798-800 (E.D.Wis.2004).
discussed Cited as authority (rule) Mote v. Aetna Life Insurance (2×)
7th Cir. · 2007 · confidence medium
For instance, in Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997), we permitted a plaintiff to sue the plan administrator to recover ERISA benefits because the employer failed to raise the issue in the district court and the plan documents referred to the employer and the plan interchangeably.
discussed Cited as authority (rule) Mote, Brenda v. Aetna Life Insur Co
7th Cir. · 2007 · confidence medium
For instance, in Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997), we permitted a plaintiff to sue the plan administrator to recover ERISA benefits because the employer failed to raise the issue in the district court and the plan docu- ments referred to the employer and the plan interchange- ably.
cited Cited as authority (rule) Brieger v. Tellabs, Inc.
N.D. Ill. · 2007 · confidence medium
See Neuma, 259 F.3d at 879 ; Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir. 1997); Kennedy, 924 F.2d at 700 .
discussed Cited as authority (rule) Allan E. Rud v. Liberty Life Assurance Company of Boston
7th Cir. · 2006 · confidence medium
Our court, while aware of the potential for confusion, see Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997), has suggested that equitable estoppel might sometimes justify treating someone else as the plan administrator.
discussed Cited as authority (rule) Rud, Allan E. v. Liberty Life Assur
7th Cir. · 2006 · confidence medium
Our court, while aware of the potential for confusion, see Riordan v. Common- wealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997), has suggested that equitable estoppel might sometimes justify treating someone else as the plan administrator.
cited Cited as authority (rule) United States v. Durham, Robert M.
7th Cir. · 2005 · confidence medium
See United States v. Infelise, 159 F.3d 300, 304 (7th Cir.1998); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997).
discussed Cited as authority (rule) Black v. Long Term Disability Insurance
E.D. Wis. · 2005 · confidence medium
Edison Co., 128 F.3d 549, 551 (7th Cir.1997), or where the plaintiff cannot readily identify the plan, see Rivera, 320 F.Supp.2d at 798-800 , these exceptions are narrow and inapplicable in the present case.
discussed Cited as authority (rule) Berg v. BCS Financial Corp.
N.D. Ill. · 2005 · confidence medium
See, e.g., Mein v. Carus Corp., 241 F.3d 581, 585 (7th Cir.2001) (where employer was the plan administrator, the employer had designated itself as agent for service of process, and most of the communications with plaintiff regarding benefits were on the employer’s stationery, ERISA benefits action against employer proper because it was “closely intertwined” with the plan); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997) (declining to hold employer a wrong party to ERISA *1090 benefits action where the “exact relationship between [the company] and the plan is not cl…
cited Cited as authority (rule) Rafine v. Steel Dynamics, Inc.
N.D. Ind. · 2004 · confidence medium
Generally, "ERISA permits suits to recover benefits only against the plan as an entity.” Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997).
discussed Cited as authority (rule) Rivera v. Network Health Plan of Wisconsin, Inc.
E.D. Wis. · 2004 · confidence medium
See Mein v. Carus Corp., 241 F.3d 581, 584 (7th Cir.2001) (employer/plan administrator held proper defendant in ERISA benefits claim where employer and plan closely intertwined); and Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997) (court declines to hold employer wrong party to ERISA benefits action where plan documents refer to- employer and plan interchangeably and employer designated itself as plan’s agent for service of process).
discussed Cited as authority (rule) Hackner v. Long Term Disability Plan for Employees of the Havi Group LP
7th Cir. · 2003 · confidence medium
See Garratt v. Knowles, 245 F.3d 941 , 949 (7th Cir.2001); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997); Jass v. Prudential Health Care Plan, Inc., 88 F.3d 1482, 1490 (7th Cir.1996); but see Neuma, Inc. v. AMP, Inc., 259 F.3d 864 , 872 n. 4 (7th Cir.2001) (allowing lawsuit against employer when it was the plan administrator and closely intertwined with the plan).
discussed Cited as authority (rule) Clark v. BASF Corp.
W.D.N.C. · 2002 · confidence medium
Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997). 2 ORDER IT IS, THEREFORE, ORDERED that plaintiffs Motion to Submit Post-Hearing Authority is ALLOWED, and plaintiffs motion for further argument is DENIED.
discussed Cited as authority (rule) David A. Morlan v. Universal Guaranty Life Insurance Company
7th Cir. · 2002 · confidence medium
ERISA requires pension plans to include a provision forbidding the assignment or alienation (these are synonyms, Riordan v. Commonwealth Edison Co., 128 F3d 549, 552 (7th Cir.1997), except that the addition of "alienation" to "assignment" makes crystal clear that the anti-assignment provision bars involuntary as well as voluntary assignments) of pension-plan benefits, 29 U.S.C. § 1056 (d)(1); Plumb v. Fluid Pump Service, Inc., 124 F.3d 849, 863 (7th Cir.1997), and thus keeps such property out of the plan participant or beneficiary's estate in bankruptcy. 11 U.S.C. § 541 (c)(2); Patterson v. …
discussed Cited as authority (rule) Morlan, David A. v. Universal Guaranty
7th Cir. · 2002 · confidence medium
ERISA requires pension plans to include a provision for- bidding the assignment or alienation (these are synonyms, No. 01-3795 3 Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir. 1997), except that the addition of “alienation” to “assignment” makes crystal clear that the anti-assign- ment provision bars involuntary as well as voluntary as- signments) of pension-plan benefits, 29 U.S.C. § 1056 (d)(1); Plumb v. Fluid Pump Service, Inc., 124 F.3d 849, 863 (7th Cir. 1997), and thus keeps such property out of the plan par- ticipant or beneficiary’s estate in bankruptcy. 11 …
discussed Cited as authority (rule) Liberty Life Assur. Co. of Boston v. Kennedy
N.D. Ga. · 2002 · confidence medium
“In circumstances where a plan provides liberal mechanisms for changing beneficiaries (as in this case), ‘strict’ enforcement means allowing participants to do exactly that.” Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997).
examined Cited as authority (rule) NEUMA, Incorporated v. AMP, Incorporated (4×) also: Cited "see"
7th Cir. · 2001 · confidence medium
We continually have noted that "’ERISA permits suits to recover benefits only against the Plan as an entity.’" Jass v. Prudential Health Care Plan, Inc., 88 F.3d 1482, 1490 (7th Cir. 1996) (quoting Gelardi v. Pertec Computer Corp., 761 F.2d 1323, 1324 (9th Cir. 1985)); see also 29 U.S.C. sec. 1132 (d)(2); Garratt v. Knowles, 245 F.3d 941 , 949 (7th Cir. 2001); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997).
examined Cited as authority (rule) Neuma, Incorporated, an Illinois Corporation v. Amp, Incorporated and Provident Life and Accident Insurance Company (3×) also: Cited "see"
7th Cir. · 2001 · confidence medium
We continually have noted that " 'ERISA permits suits to recover benefits only against the Plan as an entity.’ ” Jass v. Prudential Health Care Plan, Inc., 88 F.3d 1482, 1490 (7th Cir.1996) (quoting Gelardi v. Pertec Computer Corp., 761 F.2d 1323, 1324 (9th Cir.1985)); see also 29 U.S.C. § 1132(d)(2); Garratt v. Knowles, 245 F.3d 941 , 949 (7th Cir.2001); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997).
discussed Cited as authority (rule) Reg G. Garratt v. James E. Knowles, Nancy Knowles, Charles L. Knowles, Katherine Knowles Strasburg, Margaret Knowles Schink, E. Lawrence Keyes, R. Euguene Goodson, Defrees & Fisk and John W. Hupp
7th Cir. · 2001 · confidence medium
Moreover, while such a provision could be considered evidence of an intent to avoid ERISA, we do not believe the insertion of such a provision to overcome the stated purpose and the nature of the benefits paid under the SERP. 7 Recently, in Mein v. Carus Corp., 241 F.3d 581, 584-85 (7th Cir.2001), we seized upon language contained in Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir. 1997), to clarify the holding of Jass.
discussed Cited as authority (rule) Garratt, Reg G. v. Knowles, James E.
7th Cir. · 2001 · confidence medium
Recently, in Mein v. Carus Corp., 241 F.3d 581, 584-85 (7th Cir.2001), we seized upon language contained in Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997), to clarify the holding of Jass .
discussed Cited as authority (rule) Mein, Peter G. v. Carus Corporation
7th Cir. · 2001 · confidence medium
However, in Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (1997), we considered whether the plaintiff should be out of court because she sued the wrong entity--the employer rather than the plan itself.
discussed Cited as authority (rule) Peter G. Mein v. Carus Corporation, a Corporation, M. Blouke Carus, and Carus Corporation Capital Accumulation Plan
7th Cir. · 2001 · confidence medium
However, in Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (1997), we considered whether the plaintiff should be out of court because she sued the wrong entity-the employer rather than the plan itself.
discussed Cited as authority (rule) Day v. Wall
E.D. Wis. · 2000 · confidence medium
See also Guidry v. Sheet Metal Workers Nat’l Pension Fund, 493 U.S. 365 , 110 S.Ct. 680 , 107 L.Ed.2d 782 (1990) (rejecting lower court’s attempt to create an equitable exception to ERISA’s anti-alienation provisions); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997) (instructing courts to strictly enforce Plan terms).
discussed Cited as authority (rule) Wyluda v. Fleet Financial Group
E.D. Wis. · 2000 · confidence medium
However, The Seventh Circuit has held that “ ‘ERISA permits suits to recover benefits only against the Plan as an entity....’” Jass v. Prudential Health Care Plan, Inc., 88 F.3d 1482 , (7th Cir.1996) (quoting Gelardi v. Pertec Computer Corp., 761 F.2d 1323, 1324 (9th Cir.1985)); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997); see also Witowski v. Tetra Tech, Inc., 38 F.Supp.2d 640, 644 (N.D.I11.1998) (“the Seventh Circuit has made its position clear: only the plan as an entity is the appropriate party to sue.”); Roeder v. ChemRex, Inc., 863 F.Supp. 817, 828 (E…
discussed Cited as authority (rule) Hupp v. Experian Corp. (2×)
N.D. Ill. · 2000 · confidence medium
Finally, Hupp cites Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997), to demonstrate that, while Jass is controlling precedent, there is case law holding that an employer is not necessarily an improper defendant.
discussed Cited as authority (rule) Marotta v. Road Carrier Local 707 Welfare Fund (2×)
E.D.N.Y · 2000 · confidence medium
Accordingly, defendant’s decision to deny benefits was reasonable and supported by substantial evidence. 14 *163 Finally, this is not a case where the plan contemplates coverage for a different or new beneficiary and the plan provides liberal mechanisms for changing the beneficiary, such as where the terms of the benefit plan provide the participant an opportunity for a beneficiary designation change, see, e.g., Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997); Butler v. Encyclopedia Brittanica, Inc., 41 F.3d 285 , 292 (7th Cir.1994); Schlesinger v. Johnson, 1999 WL 99749…
discussed Cited as authority (rule) Witowski v. Tetra Tech, Inc.
N.D. Ill. · 1998 · confidence medium
Jass v. Prudential Health Care Plan, Inc., 88 F.3d 1482, 1491 (7th Cir.1996) (stating that ERISA permits suits to recover benefits “only against the plan as an entity,” and thus suits against non-plan defendants such as medical personnel are not allowed unless liability against such person is established under another part of the statute), quoting Gelardi v. Pertec Computer Corp., 761 F.2d 1323, 1324 (9th Cir.1985) (per curiam); Riordan v. Commonwealth Edison Co., 128 F.3d 549, 551 (7th Cir.1997) (holding that ERISA permits suits to recover benefits only against the plan as an entity, and …
cited Cited as authority (rule) Muller v. First Unum Life Insurance
N.D.N.Y. · 1998 · confidence medium
Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997); see 29 U.S.C. § 1002 (8).
cited Cited "see" Perry v. Sheet Metal Workers' Local No. 73 Pension Fund
7th Cir. · 2009 · signal: see · confidence high
See Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997).
cited Cited "see" Donald Perry v. Sheet Metal Workers' Local No.
7th Cir. · 2009 · signal: see · confidence high
See Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir. 1997).
discussed Cited "see" Huisjack v. Medco Health Solutions, Inc.
S.D. Ohio · 2007 · signal: see · confidence high
Co. 23 F.Supp.2d 231, 234 (N.D.N.Y.1998) (stating that participant’s wife has standing to bring suit because she is a potential beneficiary of survivorship benefits of which she would be entitled to upon death of participant); see Riordan v. Commonwealth Edison Co., 128 F.3d 549, 552 (7th Cir.1997).
Retrieving the full opinion text from the archive…
Rosemary RIORDAN, Plaintiff-Appellant,
v.
COMMONWEALTH EDISON COMPANY, Defendant-Appellee
97-1206.
Court of Appeals for the Seventh Circuit.
Oct 17, 1997.
128 F.3d 549
1997 U.S. App. LEXIS 28703
1997 WL 641317
James J. Kupka (argued), Eugene F. Keefe, Alholm & Monahan, Chicago, IL, for Plaintiff-Appellant., Sharon L. King, Sidley & Austin, Colleen K. Nouhan (argued), Commonwealth Edison Company, Chicago, IL, for DefendanL-Appellee.
Posner, Manion, Kanne.
Cited by 64 opinions  |  Published
Pinpoint authority: bottom 53%
MANION, Circuit Judge.

Rosemary Riordan was married to James Riordan for over twenty years. They had five children. But in 1977 they separated and nine years after that they divorced. When James died in 1992, his employer, Commonwealth Edison (“ComEd”), paid a $50,000.00 death benefit to his second wife, Irene. Rosemary sued ComEd under ERISA; she claimed plan documents revealed James’ intent that she receive the death benefit rather than Irene. After the case was removed to federal court, both sides agreed that the dispute could be resolved on the basis of the record and each filed a motion for summary judgment. The court granted ComEd’s motion and denied Rosemary’s. We affirm.

I.

When James and Rosemary separated in 1977, they obtained a Judgment for Legal Separation from Cook County Circuit Court. The judgment did not legally end the marriage (only a Judgment for Dissolution can do that, In Re Sutton, 136 Ill.2d 441, 145 Ill.Dec. 890, 893, 557 N.E.2d 869, 872 (1990)), but it did order James to maintain his employer-sponsored life insurance policy for the benefit of his minor children. About a year after the order was issued, James filled out a “designation of beneficiary form” with ComEd in which he named Rosemary (on behalf of the children) as the beneficiary of his $50,000.00 death benefit. But because he was doing so pursuant to a court order, ComEd’s benefits supervisor typed the word “irrevocable” on the face of the form.

By 1986 James’ marriage to Rosemary was officially over; this time the circuit court issued a Judgment for Dissolution. According to the order, James Riordan was to name his remaining minor child (James) as his “irrevocable” beneficiary on his life insurance policy until the child turned 18, which would occur one year later in 1987. After reviewing the divorce decree the plan administrator wrote James stating: “You previously had the $50,000 irrevocably payable to your ex-wife (copy attached). The current divorce decree indicates irrevocable insurance to the minor child. Please complete the enclosed beneficiary card naming the minor child for the $50,000.00 and the balance payable to --Please sign and return.” For whatever reason, James never got around to that, but in 1988, he married Irene, and shortly thereafter filed a new designation of beneficiary form with ComEd naming Irene as his sole beneficiary. Under the terms of ComEd’s summary plan description, employees could change their beneficiaries “at any time by submitting a new Beneficiary Designation card” to the company. So when James died in 1992, ComEd paid his death benefit to[*551] Irene. Under the divorce decree, Rosemary received a portion of James’ pension.

About a year before he died, James asked his daughter (from his marriage to Rosemary) to keep some of his personal papers at her house. Two years after James’ death, the daughter discovered his initial designation of beneficiary form that assigned his death benefit to Rosemary. She showed the form (with the notation “irrevocable” typed on its face) to her mother. Rosemary brought suit under ERISA, claiming that the $50,000.00 death benefit paid to Irene should have been paid to her.

II.

At the outset, ComEd argues that Rosemary Riordan has committed a fatal mistake by suing-the wrong entity — -ComEd (her ex-husband’s employer and the plan administrator) rather than the plan itself. It is true that ERISA permits suits to recover benefits only against the plan as an entity, Jass v. Prudential Health Care Plan, Inc., 88 F.3d 1482, 1490 (7th Cir.1996), but we are not inclined to make this case known for that rule. ComEd did not pursue summary judgment on this basis. .While we can affirm the judgment of the district court on any basis supported by the record, McClendon v. Indiana Sugars, Inc., 108 F.3d 789, 796 (7th Cir.1997), the exact relationship between ComEd and the plan is not clearly set out. The plan documents themselves refer to ComEd and the plan nearly interchangeably, and the company designated itself as the plan’s agent for service of process. So it is not surprising that Rosemary sued ComEd instead of the plan.

Of more immediate concern is a jurisdictional issue. The parties apparently agree that Rosemary Riordan has standing to sue ComEd, but such acquiescence is not enough. National Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 255, 114 S.Ct. 798, 802, 127 L.Ed.2d 99 (1994) (“Standing represents a jurisdictional requirement which remains open to review at all stages of the litigation.”). Only participants, beneficiaries or fiduciaries (and the Secretary of Labor) may sue under ERISA, 29 U.S.C. § 1132(a), and the district court treated Rosemary as a beneficiary. A “beneficiary” is defined by ERISA, § 1002(8), as “a person designated by a participant, or. by the terms of the employee benefit plan, who is or may become entitled to a benefit thereunder.” The typical beneficiary in an ERISA plan is a spouse, which obviously Rosemary no longer was. Nevertheless, the Elevénth Circuit has held “that the term ‘Beneficiary’ ... is broad enough to include the ex-wife of a participant of a plan, when she seeks benefits under the plan.” Brown v. Connecticut General Life Ins., 934 F.2d 1193, 1196 n. 4 (11th Cir.1991); see also McMillan v. Parrott, 913 F.2d 310, 312 (6th Cir.1990) (never questioning former wife’s standing to sue under § 1132).

In reality the familial relationship between the plaintiff and the participant is irrelevant. Nothing under ERISA prevents the participant from designating a friend rather than a family member to be the beneficiary, or, as in this case, a second wife in lieu of a first. But where a family member such as a present or former spouse is not chosen as the beneficiary, she obviously is more likely to sue. That happened in Sladek v. Bell System Mgmt. Pension Plan, 880 F.2d 972 (7th Cir.1989), the only case cited by Broum to support its decision allowing ex-wives standing under ERISA. Sladek actually involved a spouse, not an ex-spouse, who sought to set aside her husband’s election to accept increased lifetime benefits instead of a survivor annuity. Sladek wanted to set aside her husband’s election on the basis of his alleged incompetency (he suffered from Alzheimer’s disease), and we allowed her standing to sue because she was a potential beneficiary under her husband’s plan. Under that plan, the annuity option was automatic if the participant made no election whatsoever, and the surviving spouse then was awarded the annuity. So if Sladek had been successful in setting aside her husband’s election to forego the survivor annuity, the annuity would have been hers, and that was enough to qualify her as a potential beneficiary under ERISA and a bona fide plaintiff. Indeed, to deny Sladek standing as a non-beneficiary under ERISA would have “assumed the very matter at issue,” id. at 979, namely, whether she[*552] was the proper beneficiary because her husband’s election was void.

There are obvious differences between Sladek and Rosemary Riordan. One was a spouse, the other an ex-spouse. But in each case the plaintiffs theory is that the last election the participant made was invalid or void (Sladek’s husband’s because of incompetency; James Riordan’s because his first designation was “irrevocable”), and further that striking those elections meant they received the policy proceeds (Sladek because of the default terms of the plan; Rosemary Riordan because James’ irrevocable designation named her). So Rosemary is just as much a potential beneficiary — at least under her theory of the case — as Sladek. Whether she is the actual beneficiary is another matter — a matter that turns on the merits of her claim. “To the extent doubt remains, Firestone [Tire & Rubber Co. v. Bruch, 489 U.S. 101, 117-18, 109 S.Ct. 948, 957-58, 103 L.Ed.2d 80 (1989) ] tells us to treat as a ‘participant’ for jurisdictional purposes anyone with a color-able claim to benefits ..., an approach equally applicable when a person claiming to be a ‘beneficiary’ files suit.” Kennedy v. Connecticut General Life Ins. Co., 924 F.2d 698, 700 (7th Cir.1991). Jurisdiction in a case like this one depends on whether Riordan has at least an “arguable claim,” id., and taking her theory of the case in a light most favorable to her, we determine that she does.

III.

Riordan’s claim that she is the actual or rightful beneficiary is another matter. To make her case she almost entirely depends upon the typed inscription “irrevocable” that appears on her husband’s initial designation of beneficiary form filed with ComEd. Riordan insists that word created a binding contractual commitment with ComEd and she was the third-party beneficiary of that contract. The problem is that even if we determined that the designation of beneficiary card was a plan document (as Rosemary believes we should), the plan itself contains no mechanism for making an “irrevocable” designation of benefits. In fact, the plan provides for the opposite: participants are told they can change their beneficiaries “at any time by submitting a new Beneficiary Designation card” to the company. After the divorce the plan administrator wrote James telling him he should designate his minor son as the beneficiary of the “$50,000.00 irrevocable” that was at that time payable to his ex-wife.

ERISA instructs courts to enforce strictly the terms of plans, see 29 U.S.C. § 1104(a)(1)(D) and Kennedy, 924 F.2d at 700. In circumstances where a plan provides liberal mechanisms for changing beneficiaries (as in this case), “strict” enforcement means allowing participants to do exactly that. After his divorce became final, after his obligations under the divorce decree toward his remaining minor child lapsed, and after he remarried, James Riordan took advantage of the plan terms and changed his beneficiary to his new wife, Irene. The plan administrator (the same entity that inscribed “irrevocable” onto the first designation card) apparently did not question the change for the same reason' that we do not: the plan documents allowed it and even made it easy to do. In cases like this one “the documents control,” McMillan, 913 F.2d at 312, and the last designation James Riordan made pursuant to the plan assigned his insurance proceeds to Irene Riordan, not Rosemary.

This might be a different case if Rosemary could point us to a court order (a “qualified domestic relations order” or QDRO under ERISA, 29 U.S.C. § 1056(d)(3)) that compelled ComEd to pay the proceeds of James’ policy to Rosemary. ERISA contains an anti-alienation (non-assignability) clause, 29 U.S.C. § 1056(d)(1),'but that restriction applies only to pension benefits, not welfare benefit plans such as life insurance. Metropolitan Life Ins. Co. v. Wheaton, 42 F.3d 1080, 1083 (7th Cir.1994). When a divorce decree constitutes a QDRO by meeting ERISA’s prerequisites (see 29 U.S.C. § 1056(d)(3)(C)), the terms of the decree may trump any contrary designation made by the plan participant. Id. That happened in Wheaton because a divorce decree ordered Frank Wheaton to maintain life insurance for the benefit of his minor children until they reached the age of majority. He remarried[*553] and named his new wife as the beneficiary of his life insurance, and then died before his sons reached the age of majority. While there was little question that Wheaton’s intent was that his widow receive the proceeds of his policy, the divorce decree was a valid QDRO and overrode that designation.

But Rosemary herself concedes that there is no QDRO in this case directing ComEd to pay out to her rather than to James Riordan’s widow. And even if the separation agreement (ordering James Riordan to maintain his life insurance for the benefit of his minor children) or the divorce decree (ordering him to name James, his remaining minor child, as his beneficiary) constituted QDROs, there is no question that they expired by their terms in 1987 when the younger James turned 18. They certainly, expired before James Riordan died in 1992.

There are no other arguments to make on Rosemary’s behalf. The plan permitted her ex-husband to change his beneficiary, and no QDRO existed to forbid it. Ultimately, Rosemary’s claim to the benefits rests entirely on the inscription of the word “irrevocable” on James Riordan’s first designation of beneficiary card. It is a term that apparently does not appear in the plan, and a plan fiduciary such as ComEd has no right (again, absent a qualified court order) to refuse payment of welfare benefits to a beneficiary properly designated according to the terms of the plan. Swaback v. American Information Technologies Corp., 108 F.3d 535, 540 (7th Cir.1996). Its duty is the opposite — to exactly apply the terms of the plan. See 29 U.S.C. § 1104(a)(1)(D). In this case, that meant paying James Riordan’s welfare benefits to the last beneficiary designated by him to receive them: Irene Riordan, not Rosemary.

Affirmed.