Is there New Jersey case law that says or suggests that a spouse's selection of a pension survivorship annuity option rather than a straight annuity should be considered in the E.D. analysis and/or can be valued separately as an asset?
Has anyone successfully advocated on behalf of a spouse who chose the survivorship option (thereby decreasing his/her monthly benefit) that it should be given great weight or valued separately.
I am aware of law from Alaska that says the actuarial value of the survivorship benefits is an assets for purposes of e.d.
A case in Pennsylvania says that a trial court's distribution of the pension benefit to the participant and the survivorship annuity to the other spouse was proper and that the survivorship benefit could be valued at present value using "standard mortality tables and prevailing interest rates to determine cost of purchasing such an annuity". Court's e.d. methodology was approved as a "hybrid" method where participant spouse was much older than the spouse entitled to the survivorship benefit.
Bruce
------------------------------
Bruce Chase Esq.
Hackensack NJ
(201) 343-6555
------------------------------