Burns v. Orthotek, Inc.

Dist. Ct. did not err in finding in favor of defendant-pension plan in ERISA action alleging that defendant wrongfully withheld pension benefits from plaintiff-widow after finding that plaintiff's un-witnessed signed consent was sufficient to give effect to deceased husband/plan participant's prior designation of plaintiff's three children as beneficiaries of pension plan benefits. While plan participant may elect to waive spousal-survivor annuity and designate someone other that surviving spouse to be beneficiary of plan benefits under section 1055(c)(2)(A) of ERISA, where spouse of plan participant gives written consent that is witnessed by plan representative or notary, defendant could properly find that section 1055(c)(2)(A) had been satisfied in spite of lack of witness signature on plaintiff's consent form where: (1) husband was instant plan representative; (2) plaintiff conceded that she had signed consent; and (3) record suggested that husband had witnessed plaintiff's consent where said consent was located in plan's files.