2018 Supreme(US)(ca7) 52
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Flaum
Anka – Appellant
Versus
Miscevic – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 17‐2022 LABORERS’ PENSION FUND and JAMES S. JORGENSEN, Administrator of the Fund, Interpleader Plaintiffs,
v. ANKA V. MISCEVIC, Interpleader Defendant‐Cross/Plaintiff‐Appellant, v. ESTATE OF M.M., and SNEZANA J. KAPLAREVIC, Guardian of the Estate, Cross/Defendants‐Appellees. ____________________
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:16‐cv‐5865 — Charles P. Kocoras, Judge. ____________________
ARGUED JANUARY 9, 2018 — DECIDED JANUARY 29, 2018 ____________________
Before FLAUM, KANNE, and ROVNER, Circuit Judges. 2 No. 17‐2022
FLAUM, Circuit Judge. In January 2014, Anka Miscevic (“Anka”) killed her husband, Zeljko Miscevic (“Zeljko”). At a state criminal proceeding, the court determined that Anka in‐ tended to kill Zeljko without legal justification. However, the court also determined that Anka was insane at the time of the killing and found her not guilty of first degree murder by rea‐ son of insanity. Following the criminal trial, the Laborers’ Pen‐ sion Fund (the “Fund”) brought an interpleader action to de‐ termine the proper beneficiary of Zeljko’s pension benefits. Anka claimed she was entitled to a Surviving Spouse Pension. The Estate of M.M. (Anka and Zeljko’s child) argued that Anka was barred from recovering from the Fund by the Illi‐ nois slayer statute. After both parties filed motions seeking a judgment on the pleadings, the district court ruled in favor of the Estate of M.M. It determined that the Employee Retire‐ ment Income Security Act (“ERISA”), 29 U.S.C. §§ 1001–1461, did not preempt the Illinois slayer statute, and that the statute barred even those found not guilty by reason of insanity from recovering from the deceased. We affirm. I. Background The factual background is undisputed. On January 9, 2014, Anka killed her husband Zeljko at their home. The State of Illinois charged Anka with first degree murder. At the crimi‐ nal trial, the parties stipulated to the details: Anka stabbed Zeljko with a large kitchen knife while he was asleep; Anka struck Zeljko in the head with a baseball bat in order to pre‐ vent him from calling the police; and Anka told the police that she loved Zeljko but killed him because “she feared that he intended to kill her and her family.” Anka has a history of se‐ rious mental illness, including paranoid delusions, and has No. 17‐2022 3 received mental health treatment. Anka and Zeljko had one living child, thirteen‐year‐old M.M. At trial, Judge Liam Brennan of the Circuit Court of Du‐ Page County determined that the state established each ele‐ ment of first degree murder beyond a reasonable doubt. Spe‐ cifically, he found that “Anka Miscevic intended to kill Zeljko Miscevic without legal justification.” Judge Brennan also de‐ termined, however, that Anka established by clear and con‐ vincing evidence that she was insane at the time of the offense. Therefore, Judge Brennan found Anka not guilty by reason of insanity. Prior to his death, Zeljko worked as a union laborer and earned a vested pension benefit from the Fund, to be paid to Zeljko upon his retirement as monthly annuity for his life. Ac‐ cording to the Fund’s governing documents, when a married participant dies before the benefit commences, the partici‐ pant’s spo