No. 96-79.

520 U.S. 833 (1997)

117 S.Ct. 1754

138 L.Ed.2d 45

BOGGS v. BOGGS et al.

Supreme Court of United States.

Decided June 2, 1997.

Attorney(s) appearing for the Case

Marian Mysing Livaudais argued the cause for petitioner. With her on the briefs were John Catlett Christian, F. Pierre Livaudais, and James F. Willeford.

Paul R. Q. Wolfson argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Kneedler, J. Davitt McAteer, Allen H. Feldman, Nathaniel I. Spiller, and Judith D. Heimlich.

Edward J. Deano, Jr., argued the cause for respondents. With him on the brief were Guy L. Deano, Jr., and Theresa D. Bewig.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, Scalia, Souter, and Thomas, JJ., joined, and in which Rehnquist, C. J., and Ginsburg, J., joined as to Part III. Breyer, J., filed a dissenting opinion, in which O'Connor, J., joined, and in which Rehnquist, C. J., and Ginsburg, J., joined except as to Part II—B-3, p. 854.

Justice Kennedy delivered the opinion of the Court.*

We consider whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832, as amended, 29 U. S. C. § 1001 et seq., pre-empts a state law allowing a nonparticipant spouse to transfer by testamentary instrument an interest in undistributed pension plan benefits. Given the pervasive significance of pension plans...

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