CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Survivor's Benefits
.........ERISA (Private) Plans
 18 Cards On This Topic:
  • Private pension plans must provide survivor annuities.
  • W’s MSA waiver of her interest in H’s ERISA SIP plan was not a prohibited assignment or alienation; however, since H had not named another beneficiary, plan properly paid benefits to her.
  • ERISA preempts state law allowing nonparticipant spouse to transfer by testamentary instrument an interest in surviving spouse annuity benefits.
  • Fam. Code mandates survivor annuities, when provided by plan; retroactivity.
  • As ERISA plans required written beneficiary designations for ••married•• participants, but not for ••unmarried•• participants, ex-H could change beneficiary from ex-W to son by phone.
  • Waiver language in MSA insufficient to allow court to replace former spouse locked in as beneficiary of post retirement survivor benefit (QJSA) under ERISA regulated plan where participant had retired and annuity had become payable during prior marriage.
  • ERISA does not permit children to be designated as alternate payees of a QPSA in a QDRO.
  • State domestic relations order granting W survivor benefits in former-H's pension plan was a QDRO, properly entered nunc pro tunc to date of divorce because it concerned benefits from plan undisclosed at time of settlement.
  • No requirement that notice of entry of QDRO be given to plan administrator prior to participant's death.
  • Where H fraudulently waived jt. survivor annuity, ERISA discharged pension plan from liability to extent payments made, but plan liable to widow to extent debt to her exceeded overpayments to decedent.
  • Where judgment silent as to survivor’s annuity, W may not return to court after ex-H’s death and amend nunc pro tunc to award them to her.
  • Where plan participant dies before former spouse acquires order awarding her an interest in plan, DRO that simply "reserves jurisdiction" over plan is not a QDRO.
  • W entitled to survivor's benefits pursuant to former Civil Code section 4800.8 [replaced by Fam. Code §2610], which became effective after case tried but before case final.
  • Prior bifurcation of status will not defeat W's right to survivor's benefits from H's plan.
  • Court may preclude employee's electing joint and survivor annuity for current spouse and thereby lowering former spouse's monthly benefits.
  • Life insurance proceeds and pension death benefits: employee has power to give half of c/p portion to named beneficiary, but not other spouse's half.
  • Authorities discussing terminable interest rule and effect on benefits payable after death of one of parties.
  • Article: Quid Pro Quo for QPSA (Qualified Pre-Retirement Survivor Annuity).


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