The Supreme Court's decision in Kennedy resolved the split among various state and federal jurisdictions, many of which had held that a divorce decree is sufficient to waive an ex-spouse's interest in her former spouse's pension plan, even if the decedent had not removed the ex-spouse as beneficiary.
In Fox Valley & Vicinity Const Workers Pension Fund v Brown (4) (which originated in the northern district of Illinois), the court determined that La urine Brown was not entitled to her ex-husband James Brown's pension benefits because, in their divorce decree, Laurine waived her interest in James' pension through the following language: "The parties each waive any interest or claim in and to any retirement, pension, profit-sharing and/or annuity plans resulting from the employment of the other party.
The fifth circuit stated that the only way Liv could effectively waive her right to William's pension benefits was by filing a document with DuPont that was required under ERISA, called a Qualified Domestic Relations Order (QDRO), (6) specifically relinquishing her interest.
A number of fund families will waive their minimum initial investment requirements if you set up an automatic investment plan to have a fixed amount, say $50 or $100, debited from your paycheck or bank account every month.
Many other fund companies offer this service, and some that don't have established plans will agree to waive the minimum if you invest automatically.
In its suit, IBM requested that the documents be returned since it had not intended to waive its right of privilege.
Although IBM was able to prove it did not intend to waive privilege, it was unable to prove it took sufficient precautions to prevent the inadvertent disclosure.
Generally, the city waives
fees for nonprofit organizations but charges private companies and organizations to pay, said city Assistant Chief Legislative Analyst Gerry Miller.
The landlord has obviously not expressly agreed to waive
its claim against the abandoning tenant, but that tenant will often argue that there should be a deemed waiver, under a doctrine of "surrender by operation of law" (See generally Riverside Research Institute v.
The Los Angeles City Council agreed Wednesday to waive a $30,000 fee for the Nation of Islam to use the Convention Center next week, while promising to review its policy on which groups receive the benefit.
We have no legal reason to revoke the waiver, but we still need clear articulable guidelines on when we should or shouldn't waive fees for special events,'' City Councilman Jack Weiss said.
An accidental fax transmission, for example, would not waive
CD Early Withdrawal Penalty Waiver: The bank will waive early-withdrawal penalties for disaster victims who prematurely redeem principal and earned interest on First Interstate Bank certificates of deposit.