context: A notarized waiver in a separation agreement can qualify under ERISA as consent to a change of beneficiary if the waiver specifically refers to the spouse's employee benefit plan.
citation_a.signal: see also
citation_a.identifier: 913 F.2d 310, 312
citation_a.parenthetical: waiver was not effective when it did not specifically refer to the spouse's rights as beneficiary in an ERISA plan
citation_a.sentence: Fox Valley, 897 F.2d at 280; see Metropolitan Life Ins. Co. v. Hanslip, 939 F.2d 904, 907 (10th Cir.1991) (“we hold that absent any applicable divorce decree dictating otherwise, the beneficiary designation on file controls the disposition of this case”); see also McMillan v. Parrott, 913 F.2d 310, 312 (6th Cir.1990) (waiver was not effective when it did not specifically refer to the spouse’s rights as beneficiary in an ERISA plan).
citation_b.signal: see
citation_b.identifier: 939 F.2d 904, 907
citation_b.parenthetical: "we hold that absent any applicable divorce decree dictating otherwise, the beneficiary designation on file controls the disposition of this case"
citation_b.sentence: Fox Valley, 897 F.2d at 280; see Metropolitan Life Ins. Co. v. Hanslip, 939 F.2d 904, 907 (10th Cir.1991) (“we hold that absent any applicable divorce decree dictating otherwise, the beneficiary designation on file controls the disposition of this case”); see also McMillan v. Parrott, 913 F.2d 310, 312 (6th Cir.1990) (waiver was not effective when it did not specifically refer to the spouse’s rights as beneficiary in an ERISA plan).