The U.S. Department of Labor protects employee benefit rights under ERISA, including pension and health plan survivor benefits. When someone dies, their surviving spouse has federal rights to private pension survivor annuities, COBRA health coverage continuation, and unpaid wages. The DOL's Employee Benefits Security Administration (EBSA) helps survivors understand and recover these benefits.

Death notification

When a worker or retiree with private-sector pension or health benefits dies, the surviving spouse or executor should notify the employer's plan administrator as soon as possible. The DOL does not receive death reports directly — benefits are administered by private plan administrators under ERISA. If you need help understanding your rights or recovering benefits, contact EBSA Benefits Advisors at 1-866-444-3272.

Deadline: COBRA election within 60 days of receiving notice; pension claims per plan terms

Survivor benefits

The DOL offers 4 benefits for surviving family members.

Qualified Joint and Survivor Annuity (QJSA)

Under ERISA, a surviving spouse is automatically entitled to at least 50% of the benefit paid during the participant's lifetime from a defined benefit pension or money purchase plan. This is the default payment form for married participants. The participant and spouse must both provide written consent to waive this protection, with the spouse's signature witnessed by a notary or plan representative.

Amount: At least 50% of the benefit paid during the participant's lifetime (up to 100%)

Qualified Pre-Retirement Survivor Annuity (QPSA)

If a vested participant in a defined benefit pension plan dies before retirement, the surviving spouse is entitled to a lifetime annuity. The QPSA is automatic unless both the participant and spouse provided written consent to waive it. This ensures the surviving spouse receives pension benefits even if the worker died before reaching retirement age.

Amount: Lifetime annuity based on the participant's accrued benefit

Defined Contribution Plan Survivor Benefits (401(k))

If a participant in a 401(k) or other defined contribution plan dies before receiving benefits, the surviving spouse automatically receives the account balance. The spouse can be excluded only if the participant named a different beneficiary and the spouse signed a witnessed written waiver.

Amount: Full account balance (unless a valid spousal waiver and alternate beneficiary designation exists)

COBRA Health Coverage Continuation

The death of an employee is a qualifying event under COBRA. The surviving spouse and dependent children can continue group health coverage for up to 36 months. The family pays the full premium (up to 102% of the plan cost). Alternative options include the surviving spouse's own employer plan or an ACA Marketplace special enrollment.

Amount: Continuation of existing group health coverage for up to 36 months at full premium cost

When someone dies

Notifying the DOL after a death

6-step process, 6 required documents, and 4 survivor benefits.

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Frequently asked questions

Not without the spouse's written consent. Under ERISA, a participant cannot designate a non-spouse beneficiary for a defined benefit pension without the surviving spouse signing a witnessed written waiver. This protection ensures surviving spouses receive pension benefits even if the participant named someone else.

Yes. Under ERISA, retirement plan assets are held in trust and protected from the employer's creditors. Even if the employer goes bankrupt, the 401(k) plan assets remain separate and belong to the participants and beneficiaries.

Federal COBRA applies only to employers with 20 or more employees. However, many states have mini-COBRA laws that extend similar rights to employees of smaller employers. Check with your state insurance department for state-specific continuation coverage rules.