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Tuesday, June 4, 2013

Hillman v. Maretta

State statute purporting to create a cause of action in favor of a surviving spouse, against a previous spouse who received benefits under a contract based on an unrevoked beneficiary designation made during the previous marriage, was preempted to extent it conflicted with Federal Employees’ Group Life Insurance Act of 1954--which gives the employee the absolute right to make or revoke a beneficiary designation. This does not provide for automatic revocation where the beneficiary is the employee’s spouse and the marriage is later dissolved, and preempts states from revoking such designations by operation of law.
     Hillman v. Maretta - filed June 3, 2013

     Cite as 11-1221_7l48

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