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Participant's Spouse's Interest in QJSA Vests on the Annuity Start Date and Cannot Be Divested by Subsequent QDRO (PDF)
U.S. District Court for the District of Columbia 
June 10, 2013 "Because John was married to Melissa at the time of his retirement, and because John and Melissa did not elect to waive the QJSA benefit or elect another benefit option within the 90-day window ..., PBGC concluded that the survivor annuity benefit irrevocably vested in Melissa at the time of John's retirement.... In view of the thorough explication that PBGC offered for its determination -- including the detailed discussion and application of the above-described cases to the issues presented in Plaintiffs' appeal -- the Court finds that PBGC's decision was based upon reasoned decisionmaking and is rationally supported by the record and by applicable law." [VanderKam v. PBGC, No. 09-cv-01907 (D.D.C. May 7, 2013)] MORE >> |
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