Ninth Circuit Rules Beneficiary Designation Forms Are Not Documents And Instruments Governing The Plan

In Becker v. Mays-Williams, 13-35069-cv, 2015 WL 348872 (9th Cir. Jan 28, 2015), the Ninth Circuit – in a matter of first impression – concluded that beneficiary designation forms were not "documents and instruments governing" an ERISA plan, as described in Section 404(a)(1)(d) of ERISA.  A participant called the plan office and telephonically re-designated his son as his beneficiary under the various plans in which he was a participant, rather than his ex-wife.  Although the beneficiary designation forms used by the plans were mailed to the participant, he never executed and returned those forms.  Upon the participant's death, both the ex-wife and the son claimed that they were entitled to the participant's benefits.  The plans then filed an interpleader action in federal court  to determine the proper beneficiary.  The district court ruled that the ex-wife was the proper beneficiary, reasoning that because the participant did not complete and return the beneficiary