Boggs v. Boggs
Boggs v. Boggs, 520 U.S. 833 (1997), was a United States Supreme Court case in which the Court held that a spouse that is not a participant in an ERISA account cannot will part or all of it before distribution of the pension plan.
| Boggs v. Boggs | |
|---|---|
Supreme Court of the United States | |
| Argued January 15, 1997 Decided June 2, 1997 | |
| Full case name | Sandra Jean Dale Boggs v. Thomas F. Boggs, Harry M. Boggs, and David B. Boggs |
| Citations | 520 U.S. 833 (more) 117 S.Ct. 1754; 138 L. Ed. 2d 45; 1997 U.S. LEXIS 3396 |
| Case history | |
| Prior | District court granted summary judgment to respondent sons, 849 F. Supp. 462 (E.D. La. 1994); Court of appeals affirmed, 82 F.3d 90 (5th Cir. 1996). |
| Holding | |
| ERISA pre-empts state community property law, when dealing with non-participating spouse and the right to will undistributed pensions. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kennedy, joined by Stevens, Scalia, Souter, Thomas; Rehnquist, Ginsburg (part III) |
| Dissent | Breyer, joined by O'Connor; Rehnquist, Ginsburg (except part II-B-3) |
| Laws applied | |
| Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. | |
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