Participant is married to H1 at her annuity starting date and begins to receive benefit payments in the form of a QJSA. Participant then divorces H1 and marries H2. Participant then dies. There is no QDRO between H1 and participant.

Is there no survivor annuity payable? Or, do H1 or H2 have a right to the survivor annuity?

Thank you in advance for any response.

H1 gets the survivor annuity payments unless the plan expressly provides otherwise. The benefit locks on the annuity starting date.

QDROphile, would you please elaborate on what you mean by "unless the plan expressly provides otherwise"?

Is there some type of plan provision that might cause an ex-spouse to lose beneficiary status, absent a QDRO, once payments have started?

Can a QDRO even cause that?

Only in my wildest imagination would a plan provide for other than the usual result, but possibilities are what keeps us going. It is possible that a plan can't provide for a different result. "Check the plan document" is always correct, even if it is sometimes a refuge for the lazy.

At least one court (Hopkins v. AT&T Global, 4th Circuit) has held that a QDRO cannot interfere with the contingent annuitant's benefit, but the court is wrong. A QDRO can reach anything payable to anyone except an alternate payee under a prior QDRO.

For what it's worth.... I agree with QDROphile. Short of a QDRO, H1 gets the annuity.

do you conclude this because of treas. reg. sec. 1.401(a)-20, Q&A-25(B)(3)?

WOW! I never knew that was actually in writing, but it does make it pretty clear.