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law
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concern
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ed
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alienation
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ed
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ii
requirements
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louisiana
law
community
property
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enforceable
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eskine
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isaac
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plan
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purposes
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testamentary
recipients
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interest
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provide
stream
income
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guidry
supra
anti
alienation
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policy
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benefits
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erisa
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plan
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end
see
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alienation
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minimum
funding
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plans
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plan
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insurance
program
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plans
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plan
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property
laws
past
pre
empted
order
ensure
implementation
federal
statutory
scheme
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mccune
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wissner
wissner
free
bland
hisquierdo
hisquierdo
mccarty
mccarty
mansell
mansell
cf
ridgeway
ridgeway
free
bland
supra
particular
relevance
husband
purchased
savings
bonds
community
funds
name
spouses
treasury
regulations
effect
co
owner
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died
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owner
received
entire
interest
bonds
wife
died
son
principal
beneficiary
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property
interest
held
regulations
pre
empted
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property
claim
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inducements
selected
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provision
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method
avoiding
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probate
proceedings
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awarded
full
title
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owner
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state
rendered
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spouse
result
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provisions
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reinforce
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erisa
concerned
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living
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persons
often
result
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might
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benefits
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means
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predeceased
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fairness
distinction
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congress
decided
favor
living
dead
must
respect
policy
axis
around
erisa
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concepts
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beneficiary
congress
chosen
depart
framework
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balance
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since
asserted
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based
theory
interest
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pension
plan
benefits
state
law
claims
pre
empted
judgment
fifth
circuit
reversed
sandra
jean
dale
boggs
petitioner
thomas
boggs
harry
boggs
david
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writ
certiorari
appeals
fifth
circuit
june
justice
breyer
justice
joins
question
case
whether
employee
retirement
income
security
act
erisa
et
pre
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thereby
nullifies
state
community
property
law
state
law
question
permit
wife
leave
children
share
pension
assets
husband
earned
put
matter
community
property
terms
husband
together
earned
marriage
perspective
property
law
issue
unusually
important
told
answer
potentially
affects
nine
community
property
million
residents
trillion
erisa
qualified
pension
plans
plans
often
couple
important
lifetime
assets
view
congress
intend
erisa
pre
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testamentary
aspect
community
property
law
least
circumstances
present
first
wife
bequest
need
prevent
second
wife
obtaining
precisely
benefits
erisa
specifically
sets
aside
see
fifth
determination
consistent
view
therefore
affirm
judgment
case
concerns
disposition
pension
plan
assets
earned
employee
married
children
whose
first
wife
died
remarried
retired
died
survived
second
wife
specific
employee
isaac
boggs
resident
louisiana
began
work
south
central
bell
telephone
company
known
bellsouth
participated
erisa
qualified
pension
plan
years
married
first
wife
dorothy
boggs
almost
time
dorothy
died
couple
three
children
isaac
married
second
wife
sandra
retired
died
sandra
survives
dorothy
died
left
providing
isaac
receive
maximum
share
estate
permitted
law
well
lifetime
usufruct
rather
like
common
law
life
estate
remainder
brief
respondents
parties
agree
meant
isaac
received
one
third
estate
outright
louisiana
law
three
sons
dorothy
isaac
receive
left
remaining
two
thirds
isaac
death
naked
ownership
equivalent
common
law
remainder
throughout
working
life
entire
year
marriage
dorothy
isaac
participated
set
bellsouth
erisa
qualified
retirement
plans
isaac
retired
six
years
dorothy
death
received
three
assets
plans
shares
stock
bellsouth
employee
stock
ownership
plan
cash
payment
bellsouth
savings
plan
salaried
employees
annuity
per
month
bellsouth
management
pension
plan
life
afterwards
surviving
second
spouse
sandra
isaac
almost
immediately
placed
cash
payment
individual
retirement
account
ira
thereby
avoiding
immediate
payment
income
tax
see
see
also
bruce
pension
claims
rights
obligations
ed
isaac
bequeathed
lifetime
usufruct
property
presumably
including
stock
funds
ira
second
wife
sandra
sandra
survivor
also
began
receive
monthly
annuity
december
sandra
boggs
filed
action
declaratory
judgment
federal
district
see
plan
participant
beneficiary
may
bring
action
clarify
rights
future
benefits
said
three
children
isaac
dorothy
brought
action
state
isaac
estate
seeking
portion
pension
benefits
bellsouth
plans
children
said
louisiana
law
mother
dorothy
owned
one
half
share
isaac
rights
bellsouth
retirement
plans
insofar
accrued
prior
dorothy
death
left
portion
share
two
thirds
naked
interest
isaac
death
asked
sandra
words
accounting
well
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interest
value
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interest
assets
benefits
paid
pension
plans
petition
declaratory
judgment
ed
sandra
asked
district
declare
insofar
state
law
entitled
children
planbenefits
erisa
pre
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state
law
nutshell
asked
say
shares
stock
cash
annuity
payments
entirely
district
disagreed
sandra
denied
motion
summary
judgment
declared
erisa
preempt
louisiana
community
property
laws
supp
ed
la
see
also
judgment
ed
mar
fifth
circuit
appeals
affirmed
reviewing
fifth
circuit
decision
respect
pre
emption
must
therefore
assume
view
relevant
facts
state
law
judge
wisdom
writing
fifth
circuit
case
described
louisiana
community
property
law
system
conceives
marriage
partnership
partner
entitled
equal
share
see
also
mcclanahan
community
property
hereinafter
mcclanahan
community
property
law
views
marriage
civil
contract
two
persons
ente
relationship
equals
retai
individual
personalities
recognizing
value
spouse
though
non
employed
contributes
marriage
state
law
provides
interest
pension
benefits
accrued
isaac
marriage
dorothy
belongs
isaac
dorothy
community
one
la
civ
code
art
west
community
property
includes
property
acquired
existence
legal
regime
effort
skill
industry
either
spouse
james
montgomery
la
pension
benefits
community
property
even
employee
spouse
makes
cashcontributions
plan
louisiana
law
like
law
today
allows
women
men
leave
property
children
la
civ
code
art
west
spouse
acting
alone
may
manage
control
dispose
community
property
unless
otherwise
provided
law
cf
spaht
hargrave
louisiana
civil
law
treatise
matrimonial
regimes
louisiana
law
considered
husband
head
master
exclusive
manager
community
property
must
assume
fifth
circuit
louisiana
law
permit
dorothy
children
left
property
obtain
accounting
determine
extent
stock
ira
account
monthly
annuity
fact
belong
see
dorothy
spouse
estate
owes
obligation
account
share
pension
see
also
la
civ
code
art
west
succession
representative
broad
power
subject
probate
approval
liquidate
estate
sale
exchange
estate
assets
pay
debts
legacies
purpose
cf
la
rev
stat
ann
west
supp
judicial
partition
assets
divorce
hare
hodgins
la
equalize
allocation
community
assets
termination
may
grant
cash
property
lieu
actual
percentage
pension
payments
james
supra
opinion
rehearing
sims
sims
la
formula
calculating
former
spouse
share
pension
benefits
mcclanahan
pp
state
courts
may
allocate
entire
pension
employee
spouse
allocate
spouse
community
property
equal
value
half
pension
cf
also
succession
mcvay
la
app
decedent
ira
contained
community
property
assets
couldnot
listed
asset
estate
designated
beneficiary
however
estate
deemed
contain
equivalent
cash
value
see
generally
la
civ
code
art
west
rule
particular
situation
derived
legislation
custom
bound
proceed
according
equity
ask
whether
extent
erisa
stands
obstacle
enforcement
state
law
applied
case
state
law
relate
employee
benefit
plan
conflicts
specific
provisions
erisa
applying
relevant
criteria
find
basis
pre
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louisiana
community
property
law
relates
erisa
plan
within
meaning
expressly
refers
plan
impermissible
connection
plan
california
div
labor
standards
enforcement
dillingham
constr
slip
neither
grounds
pre
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present
relevant
louisiana
statute
refer
erisa
pensions
simply
says
property
acquired
existence
legal
regime
effort
skill
industry
either
spouse
community
property
la
civ
code
art
west
statute
act
exclusively
rely
existence
erisa
plans
see
dillingham
supra
slip
statute
application
case
arises
judicial
interpretation
see
james
supra
mcclanahan
sort
likely
present
whenever
generally
phrased
state
statute
affects
erisa
plan
among
things
hence
specific
reference
problem
connection
problem
difficult
insofar
term
refers
conflict
erisa
purpose
discuss
matter
primarily
part
infra
term
connection
however
might
also
encompass
question
whether
state
law
intrudes
area
congress
given
erisa
basic
objectives
wanted
reserve
exclusively
federal
legislation
dillingham
supra
slip
quoting
new
york
state
conference
blue
cross
blue
shield
plans
travelers
ins
cf
malone
white
motor
state
law
pre
empted
falls
within
field
congress
sought
occupy
san
diego
building
trades
council
garmon
may
regulate
activities
protected
prohibited
national
labor
relations
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garner
teamsters
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subtract
remedies
provided
national
labor
relations
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view
latter
problem
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field
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dillingham
supra
slip
scalia
concurring
present
state
law
question
concerns
ownership
benefits
concede
primary
concern
erisa
proper
financial
management
pension
welfare
benefit
funds
dillingham
supra
slip
citing
massachusetts
morash
payment
benefits
amounts
writing
checks
funds
closely
connected
management
also
concede
state
laws
affect
payments
lie
closer
erisa
federal
heart
state
laws
say
affect
goods
services
erisa
benefit
plans
purchase
apprenticeship
training
programs
slip
medical
benefits
debuono
medical
clinical
serv
fund
ante
even
saythat
state
law
issue
concerns
subject
congress
wished
place
outside
state
legal
reach
reason
part
lies
fact
state
law
question
involves
family
property
probate
areas
traditional
important
state
concern
rose
rose
domestic
relations
law
traditionally
left
state
regulation
hisquierdo
hisquierdo
zschernig
miller
several
course
traditionally
regulated
descent
distribution
estates
see
ante
majority
effort
distinguish
property
interests
passing
divorce
passing
devise
considers
pre
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works
assumption
historic
police
powers
superseded
federal
act
unless
clear
manifest
purpose
congress
dillingham
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footnotes