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Posted

Company X maintains a defined benefit plan with a traditional formula based on final average compensation.  Participant A has completed 32 years of service with X and is within months of reaching age 65, the plan's normal retirement age.  Can A file a disclaimer with the Company X plan administrator and therefore give up his/her right to receive benefits under the Plan?  Is the disclaimer rule available only to beneficiaries and not to participants?  Why or why not?         

Posted

No, and I would say it's because of the anti-alienation/anti-assignment rule, because waiving the benefit is essentially assigning it back to the employer or plan. A majority owner (with spousal consent) can elect to forego benefits in a plan termination to the extent necessary to make the plan sufficient to pay all other plan benefits, but that's it.

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

Posted

Some plans may allow eligible employees to opt out of participation, but I think that has to be done before they become participants.  Why would this person want to walk away from a pension earned over three decades of service?  How can it be proven that there is no coercion involved?

Always check with your actuary first!

Posted

Before attempting to answer I would like to know what the participant is trying to accomplish here.  Is he/she one of those folks who simply doesn't want the benefit at all (for religious or other reasons)?  That's not really what the term "disclaimer" implies.

Posted
25 minutes ago, Buffys Redrum said:

When the employee brings up that topic at dinner with spouse, I wonder how that will turn out?  Spouse might have other ideas.

Wouldn't spousal consent to such a "disclaimer" be absolutely necessary for it to be effective?  If spouse has "other ideas", it ain't happening!

Always check with your actuary first!

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