2nd Circuit Won’t Reconsider Ruling That Posthumous Order Is QDRO Under ERISA

Mealey's (January 25, 2016, 8:18 AM EST) -- NEW YORK — The Second Circuit U.S. Court of Appeals on Jan. 22 voted 2-1 to deny panel rehearing of its divided ruling that posthumous state court nunc pro tunc domestic relations orders constitute valid qualified domestic relations orders (QDRO) excepted from the Employee Retirement Income Security Act’s anti-alienation and preemption provisions (Yale-New Haven Hospital v. Claire M. Nicholls v. Barbara Nicholls, No. 13-4725, 2nd Cir.; 2016 U.S. App. LEXIS 1089).

(Opinion available. Document #54-160210-021Z.)

In June 2015, the Second Circuit majority held that the nunc...
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