Woman Who Stabbed Husband While He Slept Can’t Get His Pension

• ERISA doesn’t preempt Illinois slayer law, court rules

• Issue hasn’t been addressed by Supreme Court

A woman who stabbed her husband while he slept but was later found not guilty by reason of insanity isn’t entitled to receive surviving spouse pension benefits.

The Employee Retirement Income Security Act generally would require the pension plan to pay the benefits to the woman because she was the surviving spouse. But Illinois, like most states, has a “slayer statute” that prohibits a person from financially benefiting from the murder of another. The U.S. Court of Appeals for the Seventh Circuit held Jan. 29 ...