Tuesday, August 24, 2010

Is surviving spouse entitled to pension benefits if employee dies before retiring?

Employee is fully vested in company pension plan, but has not retired yet. If he dies before retiring, will his wife get any of his pension? I tend to think not. Social security, yes, as well as life insurance, not sure about pension though.Is surviving spouse entitled to pension benefits if employee dies before retiring?
For married individuals, the law (ERISA) requires that a spouse be the primary beneficiary of an employer-sponsored retirement plan unless he or she waives that right in writing. So unless the wife has signed a waiver, she will get his 401k assets. (I assume that's what you're talking about, not a defined benefit pension plan.)





Social Security: a surviving spouse over 60 can take the employee's retirement benefit if it is higher than her own earned benefit.





Life insurance passes by beneficiary form. If the wife was named beneficiary of the insurance, she will get it. If the estate is the default, the insurance will pass thru probate and will be handled according to the terms of the will, or state laws of intestacy if no will. Bottom line is that she will probably eventually get it.Is surviving spouse entitled to pension benefits if employee dies before retiring?
It depends on the plan, but generally yes. There is always some vested value in the pension plan and that would go to the beneficiary designated on the employee's enrollment form.
Depends upon the plan.


Many companies pension programs do pay the surviving spouse for their lifetime, as long as they never remarry.

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