In Re: Estate of Easterday, M. Pet: Easterday, M.

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
IN RE: ESTATE OF MICHAEL J. : No. 736 MAL 2017
EASTERDAY, DECEASED :
:
: Petition for Allowance of Appeal from
PETITION OF: MATTHEW M. : the Order of the Superior Court
EASTERDAY :
IN RE: ESTATE OF MICHAEL J. : No. 740 MAL 2017
EASTERDAY, DECEASED :
:
: Cross Petition for Allowance of Appeal
CROSS PETITION OF: COLLEEN A.
: from the Order of the Superior Court
EASTERDAY :
ORDER
PER CURIAM
AND NOW, this 17th day of April, 2018, the Petition for Allowance of Appeal is
GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all
remaining issues. The issue for consideration is as follow:
(1) Did the Superior Court decision deviate from well-established
principles of statutory construction when the lower court held that
the General Assembly intended to incorporate the thirty-day
procedural requirement of Pa.R.C.P. 1920.42(b), with regard to
the filing of affidavits of consent in divorce actions, into 20
Pa.C.S. § 6111.2, where the language of section 6111.2 is clear
and unambiguous and does not contain such time limitation?
The Cross Petition for Allowance of Appeal is granted. The issue,
rephrased for clarity is:
(2) Under an employee benefit plan governed by the Employee
Retirement Income Security Act, 29 U.S.C. §§ 1001-1461, after
a plan administrator distributes funds to the named beneficiary
in accordance with the plan documents, can an estate attempt to
recover those funds directly from the beneficiary pursuant to a
contractual waiver of those benefits contained in a proper
settlement agreement?
[736 MAL 2017 and 740 MAL 2017] - 2