Legal Question in Wills and Trusts in California

Re: Survivor Benefits

First of all, how claims to retirement benefits are handled is generally determined under the federal Employee Retirement Income Security Act of 1974 (ERISA), because ERISA preempts almost every other law in the area. The answer to your question depends, in part, on how you waived the claims and under what section of ERISA the pension is defined. Without knowing at least these two things, it isn't possible to give you much guidance. I suggest that you consult an attorney who has a specialty or subspecialty in ERISA. Many of us estate planning and tax attorneys do work in this area.

(This statement does not constitute my representation of you, nor is it an attorney-client communication.)