213453P.pdf   08/29/2022  Robert Gelschus  v.  Clifford Hogen
   U.S. Court of Appeals Case No:  21-3453
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Benton, Author, with Gruender and Grasz, Circuit Judges] 
   Civil case - ERISA. Honeywell did not breach its fiduciary duties under 
   ERISA by failing to remove Galchus's decedent's ex-husband as beneficiary 
   of a retirement plan awarded to the decedent in the parties' divorce 
   decree because Honeywell acted in accordance with plan documents in 
   rejecting the decedent's defective change-of-beneficiary form; nor did it 
   abuse its discretion by distributing the death benefits to the ex-husband 
   as he was the sole beneficiary under the only valid designation; ERISA 
   does not preempt post-distribution suits against recipients, and 
   decedent's administrator had standing to bring this claim for breach of 
   contract; even if the parties' marital dissolution agreement was 
   ambiguous, a reasonable jury could find that they intended for the 
   agreement to waive the ex-husband's beneficiary interest in the 401(k) 
   benefits; if a jury finds the agreement did not waive the ex-husband's 
   beneficiary interests, the district court must consider whether equity 
   requires him to give them up on a theory of unjust enrichment; the 
   district court did not err in granting the ex-husband summary judgment on 
   the estate's conversion and civil theft claims; in sum, summary judgment 
   for the ex-husband on claims for breach of contract and unjust enrichment 
   is reversed and the case is remanded for further proceedings.