Murder Victim’s Son Can Get Money From 401(k) Linked to Killers

The son of a man murdered by a Colombian guerrilla group can obtain money from a 401(k) account connected to the perpetrators, a Massachusetts federal judge ruled, deciding a novel legal question involving federal benefits and anti-terrorism laws.

Fidelity Investments can turn over 401(k) assets to the victim’s son under the Terrorism Risk Insurance Act of 2002 without violating the federal law protecting retirement plan assets from being used for other purposes, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts held Thursday. The TRIA begins with a “notwithstanding” opening clause, signaling that it’s intended to override any conflicting federal statutes, including the Employee Retirement Income Security Act, Talwani said.