What are survivor benefits, and why should a QDRO take them into account?
Federal law requires all pension plans, whether they are defined benefit plans or defined contribution plans, to provide benefits in a way that includes a survivor benefit for the participant’s spouse. The provisions creating these protections are contained in section 205 of ERISA and sections 401(a)(11) and 417 of the Code. The type of survivor benefit that is required by Federal law depends on the type of pension plan. Plans also may provide for survivor (or death) benefits that are in addition to those required by Federal law. Participants and alternate payees drafting a QDRO should read the plan’s summary plan description and other plan documents to understand the survivor benefits available under the plan.
