Can an Estate bring an action against a Joint Survivor Annuity beneficiary to obtain benefits after distribution based on a putative common law waiver inconsistent with ERISA plan documents?

QUESTIONS PRESENTED 1. Can an Estate bring an action in State or Federal Court, and prevail, against a Joint Survivor Annuity beneficiary specifically named in ERISA plan documents, to obtain those benefits after they have been distributed to that beneficiary based on a putative common law waiver, which is inconsistent with the ERISA plan documents? a. When drafting ERISA, was Congress concerned with the named beneficiary’s right to retain the benefits of a Joint Survivor Annuity after distribution? b. Does ERISA preempt a state law breach of contract claim, based on a putative waiver in a post nuptial agreement, to recover funds that were paid to the named beneficiary of an ERISA qualified Joint Survivor Annuity benefit plan when the waiver is inconsistent with the ERISA plan documents? c. Does the decision rendered by this Court in Kennedy mean that State and Federal Courts should disregard common law waivers that conflict with the beneficiary designation in a Joint Survivor Annuity made by the plan participant in accordance with the ERISA plan documents?