Strong v. Omaha Construction Industry Pension Plan

Summary

The Nebraska Supreme Court held that, under federal common law governing ERISA plans, a divorce decree may waive a former spouse's beneficiary interest in an ERISA-governed pension death benefit even when the decree is not a qualified domestic relations order. The court adopted the waiver rule over the plan-documents rule and concluded that the decree's broad language unambiguously waived Melissa Strong's interest. The court affirmed summary judgment for the estate and also held that it had jurisdiction over the appeal.

Holdings

1. A motion filed after summary judgment that substantively seeks reconsideration or alteration of the judgment may be treated as a motion to alter or amend the judgment, even if styled as a motion for new trial, and may terminate the time for filing a notice of appeal.
2. Nebraska courts must follow United States Supreme Court decisions interpreting federal law, but decisions of lower federal courts are persuasive rather than binding authority.
3. Under federal common law, a party waives a beneficiary interest in an ERISA-governed benefit plan when a divorce decree and any incorporated property settlement agreement manifest the parties' intent to relinquish all property rights in the plan.

Questions Presented

1. Whether the Nebraska Supreme Court had jurisdiction when the appellant filed a notice of appeal more than 30 days after summary judgment but within 30 days after denial of a motion styled as a motion for new trial.
2. Whether lower federal court decisions interpreting federal law are binding or merely persuasive authority on Nebraska courts.
3. Whether federal law permits a non-QDRO divorce decree to waive a beneficiary interest in an ERISA-governed pension plan despite an unchanged beneficiary designation in the plan records.
4. Whether the language of the divorce decree unambiguously manifested Melissa Strong's intent to waive her beneficiary interest in the pension death benefit.

Disposition

affirmed