Article on Who is Entitled to Death or Survivor Benefits from an ERISA Plan or from a Federal Employee Benefit Plan?

Albert Feuer recently posted an Article entitled, Who is Entitled to Death or Survivor Benefits from an ERISA Plan or from a Federal Employee Benefit Plan?, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:

Questions are often raised about who is entitled to death or survivor benefits from a federally regulated employee benefit plan, whether for federal employees, or for private employees by a plan governed by ERISA. The following principles generally resolve these questions:

• Federal law does not lightly disregard a participant’s intended designation.
• Designations may be effective even if there are ambiguities about the benefit shares of each beneficiary and/or the form of payment.
• An effective designation must be authenticated, usually, but not always with a written symbol, which is often called the participant’s signature. The signature may not need to be the participant’s name or even be legible. 
• The federal (Phoenix) substantial compliance doctrine is generally applicable to plan procedures and forms that are consistent with plan designation terms. Such compliance creates benefit entitlements enforceable against the plan.
• The Amara equitable relief principles are generally applicable to plan procedures or forms that are inconsistent with plan designation terms. Such principles may create benefit entitlements enforceable against the plan administrators using those unauthorized procedures or forms.

These principles, that focus on plan terms, participant actions, and plan administrator actions, help assure that a participant’s wishes are fulfilled if the participant acts consistent with what he or she reasonably believes are plan terms, without creating undue burdens on plan administrators.