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EGELHOFF v. EGELHOFF

No. 99-1529.

532 U.S. 141 (2001)

EGELHOFF v. EGELHOFF, a minor, by and through HER NATURAL PARENT, BREINER, et al.

United States Supreme Court.

Decided March 21, 2001.

Attorney(s) appearing for the Case

William J. Kilberg argued the cause for petitioner. With him on the briefs were Thomas G. Hungar and Henry Haas.

Barbara McDowell argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Henry L. Solano, Nathaniel I. Spiller, and Elizabeth Hopkins.

Thomas C. Goldstein argued the cause for respondents. With him on the brief were Erik S. Jaffe and Michael W. Jordan.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, and Ginsburg, JJ., joined. Scalia, J., filed a concurring opinion, in which Ginsburg, J., joined, p. 152. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, p. 153.

Justice Thomas, delivered the opinion of the Court.

A Washington statute provides that the designation of a spouse as the beneficiary of a nonprobate asset is revoked automatically upon divorce. We are asked to decide whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832, 29 U. S. C. § 1001 et seq., preempts that statute to the extent it applies to ERISA plans. We hold that it does.

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