LASCHE v. GEORGE W. LASCHE BASIC PROFIT SHARING PLAN

No. 96-4277.

111 F.3d 863 (1997)

Madeline LASCHE, Plaintiff-Appellee, v. GEORGE W. LASCHE BASIC PROFIT SHARING PLAN, a.k.a. George W. Lasche Keogh Trust, Defendant-Appellant, Theresa Wenisch, Defendant-Third Party Plaintiff-Appellant, Patricia Clements, individually, and as Co-Personal Representatives of the Estate of George W. Lasche and as Successor Plan Administrators of the George W. Lasche Basic Profit Sharing Plan, Defendant-Appellant, Patricia Lasche Clements, as Trustee of the George W. Lasche Trust, Defendant-Third Party Plaintiff-Appellant, Theresa Lasche Wenisch, as Trustee of the George W. Lasche Trust, Defendant-Appellant, Kathryn Lasche Berggren, Third Party Plaintiff, Merrill Lynch, Pierce, Fenner & Smith, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 6, 1997.


Attorney(s) appearing for the Case

Michael Rothman, Rothman & Tobin, P.A., Miami, FL, for Appellant.

Marshall J. Osoksky, Lewis, Vegosen, Rosenbach, & Silber, P.A., West Palm Beach, FL, for Appellee.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and FAY, Senior Circuit Judge.


FAY, Senior Circuit Judge:

In this appeal, we will decide whether a spouse legally waived her rights to her deceased spouse's retirement plan. The district court found that the spouse did not waive her rights to her late husband's retirement plan because the spouse's waiver did not comply with the ERISA requirement that a spouse's consent be "witnessed by a plan representative or a notary public," 29 U.S.C. § 1055(c)(2)(A)(iii), and because the waiver language...

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