Employees Savings Plan of Mobil Oil Corp. v. Geer

OPINION

SAND, District Judge.

The issue presented on plaintiff’s motion for summary judgment is whether the Em ployee Retirement Income Security Act of 1974 (“ERISA” or the “Act”), 29 U.S.C. § 1001 et seq., preempts community property law insofar as it affects the distribution of an interest in a pension plan after the death of the employee participant.

The trustee of the Employees Savings Plan of Mobil Oil Corporation (“Mobil”), an employee benefit plan within the meaning of section 3(3) of ERISA, 29 U.S.C. § 1002(3), has instituted this action for declaratory judgment to resolve the conflict…