Reference no: EM133812495

Question

Our law firm represents the Harper College Pension plan which is a qualified plan under ERISA. (Employee Retirement Income Security Act) ERISA is a federal law that governs pensions plans. Joseph Martin was a plan participant in the Harper College Pension Plan. On July 21, 2021, he named his wife Jasmine Martin as the beneficiary of an annuity through the Pension Plan upon his death. Mr. and Mrs. Martin resided in Schaumburg, Illinois, which is in the Northern District of Illinois. The subject annuity is a 50% joint and survivor annuity, which means that the annuity would be paid in full while the primary annuitant is living and would be reduced to a 50% payment upon the primary annuitant's death. Mr. Martin was the primary annuitant, so Mrs. Martin would be entitled to 50% of her husband's annuity upon Mr. Martin's death.

Sometime around midnight on the evening of February 8, 2024, Mrs. Martin stabbed Mr. Martin while he was seated on his recliner. After the stabbing, Mrs. Martin left the home. Early the next morning, she went to the police station and told the clerk on duty that she had stabbed her husband. There was blood on her hands, pants, and jacket at that time. The police went to the home and found Mr. Martin dead from a stab wound. Mrs. Martin was arrested and charged with criminal homicide and other counts related to the stabbing. She has plead not guilty by reason of insanity.

The Harper College Pension plan would like to know whether they are still obligated to pay Mrs. Martin her share of the annuity since Mr. Martin's death was at her hands.

What are the legal issues that I can tell my legal research and writing professor in these facts?