What is a survivor’s benefit/widow’s pension?
The federal pension law, the Employee Retirement Income Security Act (ERISA), requires private pension plans to provide a pension to a worker’s surviving husband or wife if the employee earned a benefit. Since Congress passed the Retirement Equity Act in 1984, the husband or wife’s survivor pension can only be given up with his or her written permission. Where did your spouse work? ERISA, the private pension law, only applies to pension plans for employees of private employers. If your spouse worked for a state or local government, then you must find out what that state’s law requires. If your spouse worked for the federal government, then you must find out the special rules that apply to federal workers. If your spouse worked for a church employer, then you must find out the special rules that apply to church workers. When did your spouse retire? The rules on survivor pensions apply to an employee who is entitled to a pension benefit and was working under a private pension plan in 198
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