I have a retiree that elected the 50% J&S form of benefit. He is in the process of getting a divorce. Once it is final, he would like to change his form of benefit to a life only. Must he wait a year to do this? Please site any regs.

Thanks, Sue

Highly unlikely. Virtually all pension plans state that the form of payment cannot be changed by either the plan or by the retiree once payments have commenced. A QDRO does not have this right either.

BTW, it also very likely that the beneficiary under that J&S election is the soon-to-be-ex-wife, in name not "title". Thus, the divorce will have no bearing on her survivor rights; ditto if he remarries.

Thanks Pax.
So you are saying that even if he gets remarried, his first wife will be entitled to the 50% benefit?

Correct.

Note also that if he outlives her, there will be no survivor benefit (unless specified by the plan), which is exactly the same as if there had been no divorce.