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Who’s the Spouse Entitled to the Survivor Pension?

SITUATION

F. Ivora Richman marries Ida Furst in 1970. They split up in 1990 but never get a divorce. Richman moves in with his girlfriend, Carman Law, in 1992 and they live together for the rest of Richman’s life. In 1999, Richman designates Carman as his beneficiary under the plan. On Dec. 1, 2000, he retires and receives his first pension payment exactly one year later. Richman keeps getting benefits until he dies in 2005. Soon thereafter, Ida tells the plan administrator that she’s Richman’s lawful spouse and demands survivor benefits. Carman says that she and she alone is entitled to survivor benefits. Richman earned the bulk of the pension while he was married to Ida. The plan is subject toOntariolaw.

QUESTION

Who’s entitled to Richman’s survivor pension?

A.    Carman because she was living with him when the first installment of the pension came due.
B.     Ida because Richman never divorced her.
C.    Ida because she was married to Richman when he earned most of the pension....

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