Same Sex Domestic Partner as Primary Beneficiary

[Guest jgroves]

In a retirement plan, a participant must have their spouse listed as primary beneficiary unless that spouse choses to waive that right and notarizes the appropriate paperwork. That being said, lets switch to a company that allows Same Sex Domestic Partner Benefits (which I am very much for)for it's employees. The employee signs an affidavit stating that the other person is their domestic partner and so forth. I know legally that they are not considered married, however, in a sense by signing the affidavit they are saying "if we could get married, we would". The questions (which I already know the legal answer) then is could an employer force that person to name their Same Sex Domestic Partner as primary beneficiary and, on the flip side, could a surviving domestic partner use this thinking to sue for benefits that may have not been left to them. Looking more for discussion than "no, the plan can't" responses.

[KIP KRAUS]

I have never seen a pension plan that had a death benefit to anyone but a surviving spouse. To be honest, I don't know why an employer would want to pay the extra contributions to provide a death benefit to anyone other than a surviving spouse. I speak of course about the typical defined benefit pension plan.

In 401(k) plans, a single person can name whom ever he/she wants to as beneficiary.

[david rigby]

Some prior discussions might be useful.

http://benefitslink.com/boards/index.php?showtopic=7011