who is the beneficiary

[Guest lip]

man dies;he had named his children as beneficiaries;but he was married(legally separated and living apart for 4 years)

who gets monies?

[Guest Sieve]

What kind of plan is this? Did wife sign the beneficiary designation form agreeing to children named as beneficiarieis?

[Guest lip]

What kind of plan is this? Did wife sign the beneficiary designation form agreeing to children named as beneficiarieis?

p/s 401k;no she didnt

[JanetM]

Then it looks like separated spouse is beneficiary. She can opt to disclaim then the plan document will determine who the beneficiary is.

[Guest Sieve]

Janet's right--probably. Either the 401(k) has a normal form of benefit as QJSA/QPSA, which requires spouse to sign off for an alternative form of benefit at death, or else the 401(k) does not provide QJSA/QPSA, in which case spouse must automatically be the beneficiary unless agreeing otherwise. (By the way, I would argue that the plan will not govern if spouse disclaims, but the benficiary designation form springs to life--although, the result in this case is probably the same: the kids get it.)

However, if this was a legal separation in a state that recognizes legal separations under its domestic relations laws, then it is possible that there was a QDRO entered pursuant to the legal separation which specified that the spouse was giving up her rights as surviving spouse, in which case the participant's beneficiary designation form would stand.

[J Simmons]

lip,

You've probably sensed from the replies already posted in this thread that there are many factors to consider. The specific situation should be examined by an attorney, compared against plan language and the rules mentioned and other federal pension rules, and an opinion obtained before the plan makes any payment. At that, the plan administrator might want to consider interpleading into federal court the benefits in question if either the wife or the children will not consent in writing to the benefits going to the other as determined by the legal opinion.