SWEEBE v. SWEEBE

Docket No. 126913. Calendar No. 2.

712 N.W.2d 708 (2006)

474 Mich. 151

Marilyn Virginia SWEEBE, Plaintiff-Appellant, v. Herbert Orville SWEEBE, Defendant-Appellee.

Supreme Court of Michigan.

Decided April 26, 2006.


Attorney(s) appearing for the Case

Handlon, Eastman, DeWitt & Beale, P.C. (by Michael J. Beale), Midland, for Marilyn V. Mason, formerly Marilyn V. Sweebe.

Purcell, Tunison & Boardman, P.C. (by James P. Boardman), Saginaw, for Gail Sweebe, Personal Representative of the Estate of Herbert O. Sweebe, deceased.


Opinion

MICHAEL F. CAVANAGH, J.

The issue in this case is whether the preemption provision of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., precludes a named beneficiary from waiving the proceeds from a life insurance policy. We hold that it does not. While a plan administrator is required by ERISA to distribute plan proceeds to the named beneficiary, the named beneficiary can then be found to have waived the right to...

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