Hillman v. Maretta
Hillman v. Maretta
Opinion
The Federal Employees' Group Life Insurance Act of 1954 (FEGLIA),
I
A
In 1954, Congress enacted FEGLIA to "provide low-cost group life insurance to Federal employees." H.R.Rep. No. 2579, 83d Cong., 2d Sess., 1 (1954). The program is administered by the federal Office of Personnel Management (OPM).
FEGLIA provides that, upon an employee's death, life insurance benefits are paid in accordance with a specified "order of precedence."
To be effective, the beneficiary designation and any accompanying revisions to it must be in writing and duly filed with the Government. See
In 1998, Congress amended FEGLIA to create a limited exception to an employee's right of designation. The statute now provides that "[a]ny amount which would otherwise be paid to a person determined under the order of precedence ... shall be paid (in whole or in part) by [OPM] to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation" or related settlement, but only in the event the "decree, order, or agreement" is received by OPM or the employing agency before the employee's death.
FEGLIA also includes an express pre-emption provision. That provision states in relevant part that "[t]he provisions *488 of any contract under [FEGLIA] which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State ..., which relates to group life insurance to the extent that the law or regulation is inconsistent with the contractual provisions." § 8709(d)(1).
This case turns on the interaction between these provisions of FEGLIA and a Virginia statute. Section 20-111.1(A) (Section A) of the Virginia Code provides that a divorce or annulment "revoke[s]" a "beneficiary designation contained in a then existing written contract owned by one party that provides for the payment of any death benefit to the other party." A "death benefit" includes "payments under a life insurance contract." § 20.111.1(B).
In the event that Section A is pre-empted by federal law, § 20-111.1(D) (Section D) of the Virginia Code applies. Section D provides as follows:
"If [ Va.Code Ann. § 20-111.1 ] is preempted by federal law with respect to the payment of any death benefit, a former spouse who, not for value, receives the payment of any death benefit that the former spouse is not entitled to under [ § 20-111.1 ] is personally liable for the amount of the payment to the person who would have been entitled to it were [§ 20.111.1] not preempted."
In other words, where Section A is pre-empted, Section D creates a cause of action rendering a former spouse liable for the principal amount of the insurance proceeds to the person who would have received them had Section A continued in effect.
*1949 B
Warren Hillman (Warren) and respondent Judy Maretta were married. In 1996, Warren named Maretta as the beneficiary of his FEGLI policy. Warren and Maretta divorced in 1998 and, four years later, he married petitioner Jacqueline Hillman. Warren died unexpectedly in 2008. Because *489 Warren had never changed the named beneficiary under his FEGLI policy, it continued to identify Maretta as the beneficiary at the time of his death despite his divorce and subsequent remarriage to Hillman.
Hillman filed a claim for the proceeds of Warren's life insurance, but the FEGLI administrator informed her that the proceeds would accrue to Maretta, because she had been named as the beneficiary. Maretta filed a claim for the benefits with OPM and collected the FEGLI proceeds in the amount of $124,558.03. App. to Pet. for Cert. 37a.
Hillman then filed a lawsuit in Virginia Circuit Court, arguing that Maretta was liable to her under Section D for the proceeds of her deceased husband's FEGLI policy. The parties agreed that Section A, which directly reallocates the benefits, is pre-empted by FEGLIA. Id ., at 36a. Maretta contended that Section D is also pre-empted by federal law and that she should keep the insurance proceeds. The Circuit Court rejected Maretta's argument and granted summary judgment to Hillman, finding Maretta liable to Hillman under Section D for the proceeds of Warren's policy. Id ., at 58a.
The Virginia Supreme Court reversed and entered judgment for Maretta.
We granted certiorari, 568 U.S. ----,
II
Under the Supremacy Clause, Congress has the power to pre-empt state law expressly. See
Brown v. HotelEmployees,
The regulation of domestic relations is traditionally the domain of state law. See
In re Burrus,
A
To determine whether a state law conflicts with Congress' purposes and objectives, we must first ascertain the nature of the federal interest.
Crosby,
Hillman contends that Congress' purpose in enacting FEGLIA was to advance administrative convenience by establishing a clear rule to dictate where the Government should direct insurance proceeds. See Brief for Petitioner 25. There is some force to Hillman's argument that a significant legislative interest in a large federal program like FEGLIA is to enable its efficient administration. If Hillman is correct that administrative convenience was Congress' only purpose, then there might be no conflict between Section D and FEGLIA: Section D's cause of action takes effect only after benefits have been paid, and so would not necessarily impact the Government's distribution of insurance proceeds. Cf.
Hardy v. Hardy,
For her part, Maretta insists that Congress had a more substantial purpose in enacting FEGLIA: to ensure that a duly named beneficiary will receive the insurance proceeds and be able to make use of them. Brief for Respondent 21-22. If Maretta is correct, then Section D would directly conflict with that objective, because its cause of action would take the insurance proceeds away from the named beneficiary and reallocate them to someone else. We must therefore *492 determine which understanding of FEGLIA's purpose is correct.
We do not write on a clean slate. In two previous cases, we considered federal insurance statutes requiring that insurance proceeds be paid to a named beneficiary and held they pre-empted state laws that mandated a different distribution of benefits. The statutes we addressed in these cases are similar to FEGLIA. And the impediments to the federal interests in these prior cases are analogous to the one created by Section D of the Virginia statute.
*1951 These precedents accordingly govern our analysis of the relationship between Section D and FEGLIA in this case.
In
Wissner v. Wissner,
We reversed, holding that NSLIA pre-empted the widow's state-law action to recover the proceeds.
*493
In
Ridgway,
we considered a similar question regarding the federal Servicemen's Group Life Insurance Act of 1965 (SGLIA), Pub.L. 89-214,
In holding the constructive trust pre-empted, we explained that the issue was "controlled by
Wissner
."
B
Our reasoning in
Wissner
and
Ridgway
applies with equal force here. The statutes we considered in these earlier cases are strikingly similar to FEGLIA. Like NSLIA and SGLIA, FEGLIA creates a scheme that gives highest priority to an insured's designated beneficiary.
Section D interferes with Congress' scheme, because it directs that the proceeds actually "belong" to someone other than the named beneficiary by creating a cause of action for their recovery by a third party.
Ridgway,
One can imagine plausible reasons to favor a different policy. Many employees perhaps neglect to update their beneficiary designations after a change in marital status.
*495 As a result, a legislature could have thought that a default rule providing that insurance proceeds accrue to a widow or widower, and not a named beneficiary, would be more likely to align with most people's intentions. Or, similarly, a legislature might have reasonably believed that an employee's will is more reliable evidence of his intent than a beneficiary designation form executed years earlier.
But that is not the judgment Congress made. 4 Rather than draw an inference about an employee's probable intent from a range of sources, Congress established a clear and predictable procedure for an employee to indicate who the intended beneficiary of his life insurance shall be. Like the statutes at issue in Ridgway and Wissner, FEGLIA evinces Congress' decision to accord federal employees an unfettered "freedom of choice" in selecting the beneficiary of the insurance proceeds and to ensure the proceeds would actually "belong" to that beneficiary.
*1953
Ridgway,
There is further confirmation that Congress intended the insurance proceeds be paid in accordance with FEGLIA's procedures. Section 8705(e)(1) of FEGLIA provides that "[a]ny amount which would otherwise be paid ... under the *496 order of precedence" shall be paid to another person "if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation." This exception, however, only applies if the "decree, order, or agreement ... is received, before the date of the covered employee's death, by the employing agency." § 8705(e)(2). This provision allows the proceeds to be paid to someone other than the named beneficiary, but if and only if the requisite documentation is filed with the Government, so that any departure from the beneficiary designation is managed within, not outside, the federal system. 5
We have explained that "[w]here Congress explicitly enumerates certain exceptions to a general prohibition, additional exceptions are not to be implied, in the absence of evidence of a contrary legislative intent."
Andrus v. Glover Constr. Co.,
*497 In short, where a beneficiary has been duly named, the insurance proceeds she is owed under FEGLIA cannot be allocated to another person by operation of state law. Section D does exactly that. We therefore agree with the Virginia Supreme Court that it is pre-empted.
III
We are not persuaded by Hillman's additional arguments in support of a different result.
*1954 Hillman contends that Ridgway and Wissner can be distinguished because, unlike the statutes we considered in those cases, FEGLIA does not include an "anti-attachment provision." Brief for Petitioner 38-41. The anti-attachment provisions in NSLIA and SGLIA were identical, and each broadly prohibited the "attachment, levy, or seizure" of insurance proceeds by any legal process. 38 U.S.C. § 454a (1946 ed.) (incorporated by reference in § 816); § 770(g) (1976 ed.). In Wissner and Ridgway, we found that the relevant state laws violated these provisions and that this further conflict supported our conclusion that the state laws were pre-empted.
These discussions of the anti-attachment provisions, however, were alternative grounds to support the judgment in each case, and not necessary components of the holdings. See
Ridgway,
Next, Hillman suggests that
Wissner
and
Ridgway
can be set aside because FEGLIA contains an express pre-emption provision and that conflict pre-emption principles ordinarily do not apply when that is so. Brief for Petitioner 45-47. As noted, the court below did not pass on the parties' express pre-emption arguments, and thus we similarly address only conflict pre-emption. See
supra,
at 1950. And we need not consider whether Section D is expressly pre-empted, because Hillman is incorrect to suggest that FEGLIA's express pre-emption provision renders conflict pre-emption inapplicable. Rather, we have made clear that the existence of a separate pre-emption provision " 'does
not
bar the ordinary working of conflict pre-emption principles.' "
Sprietsma v. Mercury Marine,
Hillman further argues that
Ridgway
is not controlling because a provision of FEGLIA specifically authorizes an employee to assign a FEGLI policy, whereas SGLIA's implementing regulations prohibit such an assignment. See
Finally, Hillman attempts to distinguish
Ridgway
and
Wissner
because Congress enacted the statutes at issue in those cases with the goal of improving military morale. Brief for Petitioner 47-51. Congress' aim of increasing the morale of the armed services, however, was not the basis of
*499
our pre-emption analysis in either case. See
Wissner,
* * *
*1955 Section D is in direct conflict with FEGLIA because it interferes with Congress' objective that insurance proceeds belong to the named beneficiary. Accordingly, we hold that Section D is pre-empted by federal law. The judgment of the Virginia Supreme Court is affirmed.
It is so ordered.
Justice THOMAS, concurring in the judgment.
The Court correctly concludes that § 20-111.1(D) of the Virginia Code (Section D) is pre-empted by the Federal Employees' Group Life Insurance Act of 1954 (FEGLIA),
The Supremacy Clause establishes that federal law "shall be the supreme Law of the Land ... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding." Art. VI, cl. 2. "Where state and federal law 'directly conflict,' state law must give way."
PLIVA, Inc. v. Mensing,
564 U.S. ----, ----,
Applying these principles, it is clear that the ordinary meaning of FEGLIA directly conflicts with Section D. FEGLIA provides that life insurance benefits are paid according to a particular "order of precedence."
Section D directly conflicts with this statutory scheme, because it nullifies the insured's statutory right to designate a beneficiary. The right to designate a beneficiary encompasses a corresponding right in the named beneficiary not only to receive the proceeds, but also to retain them.
*1956 Indeed, the "right" to designate a beneficiary-as well as the term "beneficiary" itself-would be meaningless if the only effect of a designation were to saddle the nominal beneficiary with liability under state law for the full value of the proceeds. But Section D accomplishes exactly that: It transforms the designated beneficiary into a defendant in state *501 court, a defendant who is now liable to the individual the State has designated as the true beneficiary. While Hillman does not insist that the insurer should have mailed the check to her (as opposed to Maretta, the designated beneficiary), Section D requires, in effect, this very result. See ante, at 1952 ("[Section D] displaces the beneficiary selected by the insured in accordance with FEGLIA and places someone else in her stead"). If the right to designate a beneficiary means anything, we must conclude that Section D directly conflicts with FEGLIA's order of precedence.
The direct conflict between Section D and FEGLIA is also evident in the fact that Section D's only function is to accomplish what Section A would have achieved, had Section A not been pre-empted. Section A provides that,
"upon the entry of a decree of annulment or divorce from the bond of matrimony ..., any revocable beneficiary designation contained in a then existing written contract owned by one party that provides for the payment of any death benefit to the other party is revoked. A death benefit prevented from passing to a former spouse by this section shall be paid as if the former spouse had predeceased the decedent." Va.Code Ann. § 20-111.1(A) (Lexis Cum. Supp. 2012).
Both parties agree that FEGLIA pre-empts this provision. Brief for Petitioner 4-5; Brief for Respondent 2; see also
* * *
For these reasons, I agree with the Court's conclusion that Section D is pre-empted and, therefore, concur in the judgment.
Justice ALITO, concurring in the judgment.
I concur in the judgment. Because one of the purposes of the Federal Employees' Group Life Insurance Act of 1954 (FEGLIA) is to implement the expressed wishes of the insured, I would hold that a state law is pre-empted if it effectively overrides an insured's actual, articulated choice of beneficiary. The challenged provision of Virginia law has that effect.
By way of background, Va.Code Ann. § 20-111.1(A) (Lexis Supp. 2012) provides that the entry of a divorce decree automatically revokes an insured's prior designation of his or her former spouse as the beneficiary of the policy. And where, as in this case, the insured remarries after the divorce and dies before making a new FEGLIA designation, the proceeds, under
Interpreted in light of our prior decisions in
Wissner v. Wissner,
The first is administrative convenience. It is easier for an insurance administrator to pay insurance proceeds to the person whom the insured has designated on a specified form without having to consider claims made by others based on some other ground. But § 20-111.1(D) does not affect the initial payment of proceeds. It operates after the funds are received by the designated beneficiary, and it thus causes no inconvenience for those who administer the payment of FEGLIA proceeds.
The second purpose or objective is the effectuation of the insured's expressed intent above all other considerations. That was the basis for the decisions in Wissner and Ridgway, as I understand them. In both cases, there was a conflict between a person whom the insured had designated as his beneficiary and another person whose claim to the proceeds was not based on the insured's expressed intent, and in both cases, the Court held in favor of the designated beneficiary.
The present case bears a similarity to Wissner and Ridgway in that petitioner's claim depends upon a state statute that automatically alters the ultimate recipient of a divorced employee's insurance proceeds. To be sure, Virginia's provision may well reflect the unexpressed preferences of the majority of insureds whose situations are similar to that of the insured in this case-that is, individuals who, after divorce and remarriage, fail to change a prior designation of a former spouse as the beneficiary of the policy. But FEGLIA prioritizes the insured's expressed intent. And it is telling that, on petitioner's theory, she would still be entitled to the insurance proceeds even if, for example, the insured had died *504 shortly after executing a new will leaving those proceeds to someone else. This shows that her claim is based on something other than a manifestation of the insured's intent. Because § 20-111.1(D) operates as a blunt tool to override the insured's express declaration of his or her intent, it conflicts with FEGLIA's purpose of prioritizing an insured's articulated wishes above all other considerations.
In affirming the decision below, the Court goes well beyond what is necessary and opines that the party designated as the beneficiary under a FEGLIA policy must be allowed to keep the insurance proceeds even if the insured's contrary and expressed intent is indisputable-for example, when the insured writes a postdivorce will specifically leaving the proceeds to someone else. See ante, at 1952 - 1953. The Court's explanation is as follows: "Congress sought to ensure that an employee's intent would be given effect only through the designation of a beneficiary or through the narrow exceptions specifically provided in the statute." Ibid ., n. 3. In *1958 other words, Congress wanted the designated beneficiary-rather than the person named in a later will-to keep the proceeds because Congress wanted the named beneficiary to keep the proceeds. Needless the say, this circular reasoning does not explain why Congress might have wanted the designated beneficiary to keep the proceeds even when that is indisputably contrary to the insured's expressed wishes at the time of death. I am doubtful that any purpose or objective of FEGLIA would be honored by such a holding, but it is not necessary to resolve that question in this case.
For these reasons, I concur in the judgment.
Justice SCALIA joins all but footnote 4 of this opinion.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States v. Detroit Timber & Lumber Co.,
Compare,
e.g.,
Metropolitan Life Ins. Co. v. Zaldivar,
Hillman points to some textual differences among NSLIA, SGLIA, and FEGLIA. She suggests, for example, that the provision of NSLIA enabling the appointment of a beneficiary does not use precisely the " 'same language' " as FEGLIA's order of precedence. Reply Brief 21. Even if there are "some small differences" in the statutory language, however, they do not diminish the critical similarity shared by the three statutes: Each reflects Congress' "unqualified directive" that the proceeds accrue to a named beneficiary.
Ridgway,
In his concurrence, Justice ALITO argues that one of FEGLIA's purposes is to "effectuat[e] ... the insured's expressed intent " and that evidence beyond an employee's named beneficiary could therefore be relevant in some circumstances to determining that intent. Post, at 1955 - 1956 (opinion concurring in judgment) (emphasis in original). For the reasons explained, however, that statement of Congress' purpose is incomplete. See supra, at 1946 - 1952. Congress sought to ensure that an employee's intent would be given effect only through the designation of a beneficiary or through the narrow exceptions specifically provided in the statute, see infra, at 1953 - 1954.
Congress enacted
Hillman contends that § 8705(e) of FEGLIA indicates that Congress contemplated that the proceeds could be paid to someone other than the named beneficiary and that Section D is consistent with that broad principle. Brief for Petitioner 43. As noted, however, § 8705(e) has the opposite implication, because it is framed as a specific exception to the rule that the proceeds accrue in all cases to the named beneficiary. It is not, as Hillman suggests, a general rule authorizing state law to supersede FEGLIA.
Reference
- Full Case Name
- Jacqueline HILLMAN, Petitioner v. Judy A. MARETTA.
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- 166 cases
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- Published