Is Federal Preemption in Beneficiary Designation Cases Part of the Problem or Solution?

Phyllis C. Taite, Florida A&M University College of Law


This article responds to Prof. John H. Langbein's article about federal preemption of beneficiary designation in a pension plan or life insurance policy subject to federal regulation under the Employee Retirement Income Security Act (“ERISA”) or Federal Employees’ Group Life Insurance Act (“FEGLIA”).