John Oglesby v. at&tcorp; at&tpension Plan

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-11372
JOHN OGLESBY
Plaintiff-Appellant
v.
AT&T CORP; AT&T PENSION PLAN
Defendants-Appellees
Appeal from the United States District Court for the
Northern District of Texas, Dallas Division
USDC No. 3:05-cv-00434
Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant John Oglesby appeals the decision of the district court
rejecting his argument that Defendants-Appellees AT&T Corp. and AT&T
Pension Plan are required to undo his election of a beneficiary for his pension
plan based on the annulment of his marriage to the beneficiary. The district
court reasoned that because Oglesby had begun receiving benefits under the
plan, his beneficiary election was irrevocable. Therefore, Oglesby’s former wife
could not waive her future interest in the plan.
United States Court of Appeals
Fifth Circuit
F I L E D
December 10, 2007
Charles R. Fulbruge III
Clerk

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No. 06-11372
2
Having reviewed the briefs and pertinent parts of the record in light of this
court’s recent decision in Kennedy v. Plan Administrator for Dupont Savings &
Investment Plan, 497 F.3d 426, 429–31 (5th Cir. 2007), which applied ERISA’s
anti-alienation provision to pension funds and ruled that a beneficiary cannot
waive her future benefits in a plan, we affirm the district court’s decision.
AFFIRMED.

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