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Cheryl A. Burns v. Orthotek, Inc. Employees' Pensionplan and Trust, et al

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ARGUED OCTOBER 26, 2010

Before POSNER, FLAUM, and SYKES,Circuit Judges.

This case requires us to decide a dispute over the pension benefits of the late Dr. Richard Burns. Before his death Dr. Burns designated his three sons as beneficiaries. But because the Employee Retirement Income Security Act (“ERISA”) guarantees surviving spouses certain benefits, this designation is only effective if his widow, Cheryl Burns, consented. She signed a written consent form, but after her husband died, she claimed her consent was invalid because it was not witnessed, as required by ERISA. The pension plan found her consent valid and denied her claim for bene-fits. The district court upheld that decision, invoking the substantial-compliance doctrine and finding that the consent form Mrs. Burns signed substantially complied with ERISA.

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