[WSBAPT] ERISA Preemption

[Karen E. Boxx]

Steve, The ERISA plan should be excluded under RCW 11.02.005(10) (excludes
employee benefit plans from definition of nonprobate asset). And 11.11.010
says start with 11.02.005 definition, then subtract these other property
interests.  Lots of cross-referencing!

 

karen

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Steve Nicol
Sent: Monday, September 08, 2014 2:31 PM
To: wsbapt at lists.wsbarppt.com; heatherd at westseattlelaw.com
Subject: RE: [WSBAPT] ERISA Preemption

 

Heather,
 
Thank you for your response!  
 
I would normally agree that an IRA is exempt as mentioned in RCW
11.11.010(7)(v), but ERISA only covers Employer sponsored plan, not
individual plans.  If a plan is covered by ERISA, then by definition it
should not be an individual Retirement Account and I would think it would
fall outside RCW 11.11.010(7)(v).   Any thoughts on my take?  Or am I way
off in this?
 
Thanks!
Steve
 

  _____  

From: heatherd at westseattlelaw.com
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] ERISA Preemption
Date: Mon, 8 Sep 2014 21:16:06 +0000

I’m pretty sure the definition of under the statute 11.11.010 and
11.02.005 clearly excludes any ERISA plans from inclusion as a nonprobate
asset which can be devised by Will. 

 

I don’t think it is a preemption issue.

 

Heather

 

Heather S. de Vrieze
Attorney-at-Law

 

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 


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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Steve Nicol
Sent: Monday, September 08, 2014 1:56 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] ERISA Preemption

 

Dear Listmates,
 
Does anyone have information or case law that addresses whether ERISA
would preempt RCW 11.11.020 where a decedent named a particular
beneficiary to receive benefits from an ERISA account, but named a
different beneficiary for the same benefit in their Will?  
 
Thanks!
Steve Nicol

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