CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Survivor's Benefits
.........State/County Pensions
 10 Cards On This Topic:
  • County pension survivor's benefits provisions.
  • Surviving W's c/p and federal ERISA actions against estate would trigger application of no contest clause in H's trust instrument.
  • No state law or policy justifies allowing surviving spouse to sue to enforce c/p rights and also take under trust instrument in violation of H's intentions.
  • W's election of combined employee death benefit cuts off claims of designated beneficiary.
  • Law directing State to release payroll warrants to deceased H's designee prevails over state c/p provisions defining c/p.
  • Former spouse of member of county employees retirement plan is not "surviving spouse" for purpose of survivor's benefits.
  • Plan may not be ordered to pay survivor benefits to W when not authorized by plan specifications, but W must still be made whole. Cash out of survivor benefits suggested.
  • Court may not require former spouse to be named as employee's "surviving spouse," where that provision violates terms of plan.
  • Former Civil Code section 4800.8 cannot require plan to provide benefits to ex-spouse which conflict with terms of plan.
  • Former Civil Code section 4800.8 permits survivor and death benefits to be apportioned or cashed out.


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