Egelhoff v. Egelhoff, 532 U.S. 141, 16 (2001)

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156

EGELHOFF v. EGELHOFF

Breyer, J., dissenting

ments explicitly foresee that a beneficiary designation may become "invalid," but they do not specify the invalidating circumstances. Supra, at 154-155. To refer to state property law to fill in that blank cannot possibly create any direct conflict with the plan documents.

The majority simply denies that there is any blank to fill in and suggests that the plan documents require the plan to pay the designated beneficiary under all circumstances. See ante, at 147-148, n. 1. But there is nonetheless an open question, namely, whether a designation that (here explicitly) refers to a wife remains valid after divorce. The question is genuine and important (unlike the imaginary example in the majority's footnote). The plan documents themselves do not answer the question any more than they describe what is to occur in a host of other special circumstances (e. g., mental incompetence, intoxication, ambiguous names, etc.). To determine whether ERISA permits state law to answer such questions requires a careful examination of the particular state law in light of ERISA's basic policies. See ante, at 147; infra this page and 157-159. We should not short circuit that necessary inquiry simply by announcing a "direct conflict" where none exists.

The Court also complains that the Washington statute restricts the plan's choices to "two." Ante, at 150. But it is difficult to take this complaint seriously. After all, the two choices that Washington gives the plan are (1) to comply with Washington's rule or (2) not to comply with Washing-ton's rule. What other choices could there be? A state statute that asks a plan to choose whether it intends to comply is not a statute that directly conflicts with a plan. Quite obviously, it is possible, not " 'impossible,' " to comply with both the Washington statute and federal law. Geier v. American Honda Motor Co., 529 U. S. 861, 873 (2000).

The more serious pre-emption question is whether this state statute " 'stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Con-

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