Waiver In Divorce Settlement Not Preempted By ERISA, Judge Rules

ALEXANDRIA, Va. - The Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq.does not preempt a waiver provision in a property settlement agreement after the plan proceeds have been distributed by the administrator, a federal judge in Virginia ruled May 9 (Scott Andochick, M.D. v. Ronald and June Byrd,  No. 1:11-cv-739, E.D. Va.; 2012 U.S. Dist. LEXIS 65903).

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