Rich
Rich v. Southern California Ibew-Neca Pension Plan
Opinion
Lead Opinion
Gilbert, J.
Husband has a pension plan governed by the Employee Retirement Income Security Act (ERISA). The plan entitles him to a monthly sum for the rest of his life. Pursuant to a qualified domestic *421 relations order (QDRO), wife receives her community portion of the monthly payment for her life. Here we hold that upon wife’s death, husband receives the full amount of the pension payments.
The trial court erred when it denied husband’s motion to clarify the QDRO to reflect his entitlement to the full payment.
Facts
Walter Raymond Rich, a union member, worked as an electrician for 25 years. During this time he became a vested participant in the union’s pension plan. The plan was governed by ERISA. ( 29 U.S.C. § 1001 et seq.)
Walter chose the “Normal Pension Form” offered by the plan. 2 The summary plan description describes the normal pension form as follows: “Your benefit amount as calculated in Answer 4 is paid to you for your lifetime, with 60 months guaranteed. If you die before 60 months are paid, the balance of the 60 months are paid to your designated beneficiary, and then stop. If you designate someone other than your spouse as beneficiary, your spouse must provide…