Question
For plans that provide benefit payment in the form of annuities, ERISA requires that payments for married participants be in the form of a Qualified
For plans that provide benefit payment in the form of annuities, ERISA requires that payments for married participants be in the form of a Qualified Joint & Survivor annuity ("J&S annuity"). Under a J&S annuity, the participant is provided an actuarially reduced retirement pension for life, they predecease their spouse, the surviving spouse will get a pension benefit for the duration of their life. This mandated benefit payment form is often referred to as the Normal Benefit.
In order to receive a benefit payment in other than the Normal Benefit form, the spouse must waive their rights to a pension benefit in return for an alternative payment option -- like a lump sum payment or a single life annuity. For example, a pension plan may provide the following payment options for a person retiring at age 65:
$750 per month as a J&S Annuity $1,000 per month as a life annuity for the participant -- with no survivor rights $108,000 single lump sum payment.
Under what circumstances would it make sense for a spouse to waive their right to a Normal Benefit?
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