Ablamis v. Roper

937 F.2d 1450 60 USLW 2057 , 13 Employee Benefits Ca 2545 Duane ABLAMIS, Trustee of the RBJ Auto Parts Distributors, Inc. Profit Sharing Trust and the A & M Motor Supply, Inc. Profit Sharing Trust, Plaintiff-Appellee, v. Gay M. ROPER, Executor of the Estate of Glee Ann Ablamis, Defendant-Appellant. No. 89-15352. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 19, 1990. Decided July 3, 1991. Arthur H. Bredenbeck, Keith P. Bartel, Kevin F. Kouba, Carr, McClellan, Ingersoll, Thompson & Horn, Burlingame, Cal., Robert E. Temmerman, Jr., Campbell, Cal., for defendant-appellant. Harry J. Kaplan, David K. Pansius, San Jose, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before LIVELY, * FLETCHER and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 We are asked to decide here whether a wife who dies while her husband is still living may leave half his current or future pension benefits to a third party in her will. We hold that an employee whose pension interests are covered by ERISA may not be so divested of his entitlement. 2 In the case before us, Gay M. Roper, executrix of the…