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If my spouse dies before retirement, can I collect his/her benefits?
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| Yes. Under ERISA, the plan must have a "survivor's benefit", which allows the spouse of a participant to receive vested benefits if the participant dies before retirement. Similarly, there is a "qualified joint and survivor annuity benefit" which allows the spouse of a participant to continue receiving benefits if the participant dies after s/he begins to receive benefits. These benefits are automatic unless the surviving spouse consents in writing to waive the benefit. |
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