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Pending Divorce Does Not Require Spousal Consent for SERP Payout, According to Ruling (PDF)
Utz, Miller & Eickman, LLC Link to more items from this source
[Guidance Overview]
Dec. 11, 2009

Excerpt: Although the SERP was presumably a defined benefit arrangement, the court concluded that ERISA's qualified joint and survivor annuity rules, which require a participant's spouse's consent to the election of a form of benefit other than a QJSA, did not apply. That was because the SERP was a top hat plan, and top hat plans are not subject to ERISA's survivor annuity rules. (The United Way actually denied that a SERP existed and maintained instead that the $2 million was paid pursuant to a separation agreement, but the court assumed for purposes of its ruling that a SERP did exist.)  MORE >>

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