Mercer Select US - Retirement plan administrator must ascertain marital status before paying benefits

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Retirement plan administrator must ascertain marital status before paying benefits

Where there is conflicting information about a deceased retirement plan participant's marital status, it is unreasonable for a plan administrator to disburse funds until the conflict is resolved, a federal appeals court has ruled (Smith v. New Mexico Coal 401(k) Personal Savings Plan (10th Cir. June 9, 2009)). The US Court of Appeals for the Tenth Circuit found that a plan administrator acted arbitrarily and contrary to plan procedures when it paid benefits to a deceased participant's children after learning that legal proceedings on the participant's marital status were ongoing. (Select News, 12 Jun 2009)

Full text of Tenth Circuit's decision in Smith v. New Mexico Coal 401(k) Personal Savings Plan (9 Jun 2009) (PDF)

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