A retiree couldn't make his present wife the beneficiary of his pension benefits, even though his former wife had agreed to waive her beneficiary status under the terms of their divorce, the 3rd Circuit has ruled in affirming summary judgment in favor of an ERISA plan.

The plaintiff retired while married and began receiving pension benefits. He had elected to receive his retirement in the form of an automatic surviving spouse option, creating a 50 percent survivor annuity for his wife. The couple then divorced. Under the terms of their property settlement agreement, the wife agreed to waive all her rights to the plaintiff's pension plan. The wife subsequently executed a waiver agreement and signed a consent form for a change in the plan beneficiary.