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QDRO Cannot Change Existing Beneficiary of Joint and Survivor Annuity
Calhoun Law Group, P.C. Link to more items from this source
June 11, 2013
"The court held that a survivor benefit irrevocably vests in the beneficiary at the annuity starting date and cannot be reassigned thereafter by a domestic relations order.... And what of [the ex-wife's] waiver of the QJSA [pursuant to a divorce decree]? Not only was this found ineffective against the plan, but the court held that ERISA would preempt any attempt to impose a constructive trust under Texas common law on any survivor benefits received by Melissa under the Plan." [VanderKam v. PBGC, No. 09-cv-01907 (D.D.C. May 7, 2013)]

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