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ERISA: Murder for Profit and Life Benefits–State Slayer Statutes NOT Preempted by ERISA

By Mike Reilly on September 20, 2011
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“Murder is always a mistake.  One should never do anything that one cannot talk about after dinner.” —Oscar Wilde
 
We’ll end the week on the uplifting note that “murder does not pay.”
 
What happens when the sole beneficiary of an ERISA plan life benefit kills the plan participant (insured)? 
 
Are state slayer statutes (which prohibit murder for profit) preempted by ERISA?  No. 
 
Here’s the case of Union Security Life Insurance Co. v. JJG-1994; JJG-2002, [PDF], a minor, __F.Supp.2d__, 2011 WL3737277 (N.D.NY August 24, 2011)(attached)(State slayer rules NOT preempted by ERISA).
 
FACTS:  An employee was covered under the employer’s group life insurance benefits.  He was murdered by the sole beneficiary of the employee’s group life benefits. No contingent beneficiary was identified in plan documents.
 
ISSUE: Whether one who kills the ERISA plan participant may continue as the sole beneficiary of the life insurance benefits?
 
HELD:  No. State law prohibiting a killer from profiting from his crime is NOT preempted by ERISA.
 
RATIONALE: Some state laws of “general application” may have only an incidental effect on ERISA and are therefore not preempted.
Photo of Mike Reilly Mike Reilly

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment…

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment advice, and has represented clients in more than 75 jury trials, arbitrations, bench trials and claims before the EEOC and Washington State Human Rights Commission.

Small and large employers retain Mike for his strategic advice and decades of experience in employment issues and litigation, business decisions and litigation avoidance. Mike provides advice in claims involving discrimination, retaliation, wrongful discharge, disability accommodation, ERISA and non-ERISA employee benefit claims, and wage/hour claims. He served as lead counsel in an employee raiding/trade secret case as reported in the Wall Street Journal, and defends employers in class action claims.

Mike’s remarks on employment issues have been quoted in Newsweek, Corporate Legal Times, Seattle Times, Employee Relations Law Journal, Puget Sound Business Journal, CFO.com, and other professional journals and management publications. Chambers USA’s Guide to America’s Leading Lawyers for Businessrates Mike in the top ranking (band one) for his work in labor and employment law, and has described him as “one of Seattle’s top-rate attorneys” who is “truly phenomenal [with] superb legal instincts” and “an amazingly assertive litigator.” His clients include Nordstrom, Seattle Seahawks, Home Depot, KeyBank, Starbucks, Fred Hutchinson Cancer Research Center, Red Robin and Seattle Chamber of Commerce, among others.

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  • Posted in:
    Employment & Labor
  • Blog:
    Boom: The ERISA Law Blog
  • Organization:
    Lane Powell PC
  • Article: View Original Source

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