ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Pension Plans

If a plan participant dies, can the surviving spouse still collect the pension?

Under Employee Retirement Income Security Act (ERISA), a qualified pension plan must pay vested pension benefits to the spouse if a plan participant dies before retirement. This is known as the survivor's benefit. The survivor's benefit is automatic unless the spouse consents in writing to waive it.

ERISA also provides that a qualified plan must continue to pay retirement benefits to a spouse when a plan participant dies after he or she begins to receive retirement benefits. This is called the qualified joint and survivor annuity benefit. It is automatically provided under the terms of the pension plan unless the spouse consents in writing to waive the benefit.