Brown v. Boeing Co., 28 Wn. App. 370

Summary

The Washington Court of Appeals affirmed summary judgment denying Elaine Brown survivor benefits under the Boeing Company Employee Retirement Plan. The court held that her husband's election of a straight-life pension option was authorized under Washington community-property law, was not invalidated by their community property agreement, and complied with ERISA's disclosure requirements. The court also held that her knowledge of the election and acceptance of its benefits would estop her from challenging it.

Holdings

1. The community property agreement did not control Roger Brown's predeath selection of a pension payout option because the pension was already community property and the election did not dispose of community property upon death.
2. Under RCW 26.16.030, a spouse acting alone may manage and control community property and may select a straight-life pension payout option when the election does not fall within a statutory exception and does not make a gift or transfer community property to a third-party beneficiary.
3. The pension election was not invalid under ERISA because Boeing substantially complied with 29 U.S.C. § 1055(e) by providing written explanations and benefit comparisons and by counseling Roger Brown regarding the available options.

Questions Presented

1. Whether the Browns' community property agreement controlled the pension payout election.
2. Whether Roger Brown had authority under Washington community property law to select the straight-life pension option without his wife's consent.
3. Whether the pension election was invalid because Boeing failed to provide the written explanation required by ERISA.

Disposition

affirmed