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STRONG v. OMAHA CONST. INDUSTRY PENSION PLAN

No. S-03-1403.

701 N.W.2d 320 (2005)

270 Neb. 1

Melissa STRONG, appellant, v. OMAHA CONSTRUCTION INDUSTRY PENSION PLAN, appellee, and John E. Strong, Personal Representative of the Estate of William David Strong, intervenor-appellee.

Supreme Court of Nebraska.

June 24, 2005.

Attorney(s) appearing for the Case

Robert E. O'Connor, Jr., Omaha, for appellant.

Lawrence G. Whelan, Omaha, for intervenor-appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

PER CURIAM.

Before his death, William David Strong participated in the Omaha Construction Industry Pension Plan (Plan), an employee benefit plan subject to the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (1994) (ERISA). When William joined the Plan, he designated his wife, Melissa Strong, as his beneficiary for the Plan's pension death benefit. Although Melissa and William divorced in 1998, William did not remove Melissa...

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