Judge Joseph Bianco
Perlman sued Fidelity Brokerage Services LLC and others, alleging ERISA violations as to the Individual Retirement Account (IRA) of her late husband. Perlman claimed that, as the surviving spouse of an ERISA plan participant, she is entitled to assets that she alleged were improperly rolled over into an IRA. She asserted that, because she did not provide formal written authorization, the transfer of assets from her late husband’s Keogh plan into an IRA was improper under ERISA. As a result, Perlman claimed that her late husband’s beneficiary declaration under the IRA, entitling her to one-third of the assets, is invalid, and that she is therefore entitled to all of the assets in the IRA. Perlman sought a declaratory judgment affirming that she is entitled to survivorship rights in the IRA. The court granted summary judgment to defendants on Perlman’s ERISA claims, finding that ERISA does not govern her late husband’s plan and, even if it did, that Perlman’s ERISA claims would otherwise be barred by the statute of limitations. The court also granted defendants’ motion for summary judgment as to Perlman’s Internal Revenue Code (IRC) claim, finding that the IRC provisions cited by Perlman do not create a private right of action for her.
