Can A divorced/widowed spouse collect the pension plan from the deceased worker even if they agreed in the divorce agreement that they would waive their rights to it?
Answer
Only if the beneficiary designation still names the spouse and has never been changed, representing the divorced/decedent's intention to still let the surviving spouse collect it if the spouse is the survivor. If this was not intended, and there is a rightful person who can collect it (new spouse, child, parent, sibling, etc.) expect a contest if the original beneficiary designation was never corrected.
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