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Pension Plan Beneficiary

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pammy4711

Guest
I live in Michigan. I'm twice married, now for 3 years to a man I dated and lived with for 10 years. He was previously married to a woman whom he claims was designated as beneficiary of his "retirement" plan in the divorce decree.

He has refused since we married to name me as beneficiary on his pension or 401K plans, saying that his first wife already is the beneficiary. I am being told that if one is married, the current spouse MUST be named as beneficiary for most benefit plans unless the spouse signs a notarized waiver. Is this true? Also, if it is true, does it apply to traditional company-funded pension plans as well as defined-contribution plans such as the 401K?

Since he will not name me on his plan (or says he cannot), I've kept the designations of my sons as beneficiaries on my 401K plan which was already in effect when we were married. If I died, would his status as surviving spouse override the beneficiary designation I made for my sons? Do I need my husband's signed waiver in order to be certain my sons would get the money in the event of my death?

I don't really want to get anything started with him about this. I just need to find out if I my status as current wife would override the "beneficiary" designation of the first wife in the state of Michigan.

Thank you so much!
 


vrzirn

Senior Member
Ask the plan administrators how they were set up. In some plans the beneficiary is "cast in stone", and cannot be changed.
 
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pammy4711

Guest
That is the problem - I don't want to have to ask him for the details like plan documents, etc. if I can help it. I mainly would like to know if it is true that the spousal beneficiary "rule" in ERISA takes precedence over a previous wife's interests.

Thanks,

Pam
 

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