Waivers of ERISA Plan Benefits: Preventing Judicial Interpretations of a Complex Statute from Frustrating the Statute's Simple Purpose

Gorris argues that the federal common law approach is the preferable rule to apply when evaluating waivers of benefits by ERISA plan beneficiaries. The federal common law approach better serves ERISA's equitable purpose of safeguarding employees' rights to their plan benefits while remaining consistent with ERISA's statutory language. Part I provides an overview of ERISA and its relevant provisions. Part II reviews the minority rule by examining the three primary arguments advocated by its proponents. Part III examines the federal common law approach and the decisions of the circuits that support it. Finally, Part IV discusses the reasons why the federal common law approach should govern waivers of ERISA plan benefits by nonparticipant beneficiaries.