Notifying the DOL when someone dies
Family member or executor is responsible for notifying the DOL
EBSA Benefits Advisors
Phone1-866-444-3272
WebsiteVisit website →
HoursMonday through Friday, 8:00 a.m. to 8:00 p.m. ET
EBSA Benefits Advisors
Phone1-866-444-3272
WebsiteLearn about benefits →
HoursMonday through Friday, 8:00 a.m. to 8:00 p.m. ET
Wage and Hour Division (Unpaid Wages)
Phone1-866-487-9243
Timeline
COBRA election within 60 days; pension claims processed per individual plan terms
WebsiteLearn more →
HoursMonday through Friday, 8:00 a.m. to 5:00 p.m. local time
Verified Mar 2026
When someone dies, the U.S. Department of Labor (DOL) must be notified. The family member or executor is responsible for notifying the DOL.
Notification deadline: COBRA election within 60 days of receiving notice; pension claims per plan terms.
Steps to take
Steps for notifying the DOL and applying for survivor benefits:
1
Notify the employer's plan administrator of the death:
- •Contact the HR department or benefits office of the deceased's employer
- •Provide a certified copy of the death certificate
- •Request information about pension survivor benefits and COBRA rights
2
Claim pension survivor benefits:
- •Defined benefit plans: the surviving spouse is entitled to a QJSA or QPSA unless both spouses waived it in writing
- •Defined contribution plans (401(k)): the surviving spouse receives the account balance unless a valid waiver and alternate beneficiary exist
- •Contact the plan administrator to begin the claims process
3
Elect COBRA health coverage if needed:
- •The plan must provide a COBRA election notice after the death is reported
- •Elect coverage within 60 days of receiving the notice
- •Coverage can continue for up to 36 months
- •Consider alternatives: surviving spouse's own employer plan or ACA Marketplace special enrollment
4
Search for unclaimed wages at webapps.dol.gov/wow if the deceased worker may have been owed back pay from a Wage and Hour Division investigation.
5
Search for lost pensions at lostandfound.dol.gov (Retirement Savings Lost and Found database). Note: this database currently only allows searches by the account holder's own SSN. Call EBSA at 1-866-444-3272 for assistance locating a deceased worker's pension.
6
Contact EBSA Benefits Advisors at 1-866-444-3272 if the plan administrator denies benefits or if you need help understanding your rights.
Required Documents
- Certified copy of the death certificate
- Marriage certificate (for surviving spouse claims)
- Summary Plan Description (SPD) from the employer's plan
- Most recent pension or 401(k) account statement
- Beneficiary designation forms (if available)
- Letters testamentary or letters of administration (for estate claims)
Timeline
COBRA election within 60 days; pension claims processed per individual plan terms
Survivor benefits
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.
Eligibility: Surviving spouse of a married participant in a defined benefit pension or money purchase plan
Amount: At least 50% of the benefit paid during the participant's lifetime (up to 100%)
How to apply: Contact the plan administrator; if the participant did not waive the QJSA, the surviving spouse is automatically entitled
Learn more →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.
Eligibility: Surviving spouse of a vested participant who died before retirement
Amount: Lifetime annuity based on the participant's accrued benefit
How to apply: Contact the plan administrator and provide a certified copy of the death certificate and marriage certificate
Learn more →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.
Eligibility: Surviving spouse of a deceased 401(k) or defined contribution plan participant
Amount: Full account balance (unless a valid spousal waiver and alternate beneficiary designation exists)
How to apply: Contact the plan administrator; the surviving spouse should assert spousal rights if a different beneficiary was named without consent
Learn more →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.
Eligibility: Surviving spouse and dependent children of a deceased employee covered by an employer group health plan with 20+ employees
Amount: Continuation of existing group health coverage for up to 36 months at full premium cost
How to apply: Elect COBRA coverage within 60 days of receiving the COBRA election notice from the plan administrator
Learn more →Frequently asked questions
For defined benefit pensions and money purchase plans, yes. Under ERISA, the surviving spouse is automatically entitled to a Qualified Joint and Survivor Annuity (at least 50% of the participant's benefit) unless both spouses signed a written waiver. For 401(k) plans, the surviving spouse automatically receives the account balance unless a valid waiver and alternate beneficiary designation exist.
COBRA allows the surviving spouse and dependent children to continue the deceased employee's group health coverage for up to 36 months. The family pays the full premium (up to 102% of the plan cost). COBRA coverage must be elected within 60 days of receiving the COBRA election notice.
Contact the deceased's former employer or union directly. You can also search the DOL's Retirement Savings Lost and Found database at lostandfound.dol.gov, though it currently only supports searches by the account holder's own SSN. For assistance, call EBSA Benefits Advisors at 1-866-444-3272. For terminated pension plans, contact the PBGC at 1-800-400-7242.
If a plan administrator denies your claim, you have the right to appeal under the plan's claims procedure. If the appeal is denied, you may file a complaint with EBSA at askebsa.dol.gov/WebIntake or call 1-866-444-3272. EBSA Benefits Advisors can help you understand your rights and may investigate the plan on your behalf.
Search the Workers Owed Wages database at webapps.dol.gov/wow by entering the employer's name. The Wage and Hour Division holds recovered back wages for 3 years before transferring them to the U.S. Treasury. For questions about claiming wages on behalf of a deceased worker, call 1-866-487-9243.
After completing the notification process, eligible survivors can apply for 4 benefits through the DOL. Each benefit has its own eligibility requirements and application process.
Keep copies of all documents submitted to the DOL. Original documents submitted for verification are typically returned after processing.
EBSA Benefits Advisors
Phone1-866-444-3272
WebsiteVisit website →
HoursMonday through Friday, 8:00 a.m. to 8:00 p.m. ET
EBSA Benefits Advisors
Phone1-866-444-3272
WebsiteLearn about benefits →
HoursMonday through Friday, 8:00 a.m. to 8:00 p.m. ET
Wage and Hour Division (Unpaid Wages)
Phone1-866-487-9243
Timeline
COBRA election within 60 days; pension claims processed per individual plan terms
WebsiteLearn more →
HoursMonday through Friday, 8:00 a.m. to 5:00 p.m. local time
Verified Mar 2026