CALIFORNIA FAMILY LAW
...Death of a Spouse
......Effect on Property Issues
.........ERISA Issues
6 Cards On This Topic:

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.

To extent it applies to ERISA plans, Wash. statute, which provides that designation of a spouse as beneficiary of nonprobate asset is revoked on divorce, is preempted by ERISA.

ERISA preempts state law allowing nonparticipant spouse to transfer by testamentary instrument an interest in undistributed pension plan benefits.

Because Cal. court order was not a QDRO, it impermissibly alienated H's pension benefits to W as a deceased former spouse; order conflicted with ERISA's anti-alienation provision and was therefore preempted.

California's no contest law not preempted by ERISA to extent pension plan benefits at issue.

Authorities discussing survivorship rights.