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Waiver of QPSA


Guest Karens

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If a spouse waivers her right to a QPSA in a defined benefit plan (in order to avoid the charge for the QPSA)and the spouse dies before normal retirement age is there any way to provide spousal benefits?

The waiver was signed at age 35 of the participant and the spouse's signature was witnessed by a notary public. At age 45 the participant suddenly died and the plan administrator says no pension/death benefits available due to the waiver.

Do you have any experience with the QPSA waivers being overturned in court?

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