§ 6111.2. Effect of divorce or pending divorce on designation
of beneficiaries.
(a) Applicability.--This section is applicable if an
individual:
(1) is domiciled in this Commonwealth;
(2) designates the individual's spouse as beneficiary of
the individual's life insurance policy, annuity contract,
pension or profit-sharing plan or other contractual
arrangement providing for payments to the spouse; and
(3) either:
(i) at the time of the individual's death is
divorced from the spouse; or
(ii) dies during the course of divorce proceedings,
no decree of divorce has been entered pursuant to 23
Pa.C.S. § 3323 (relating to decree of court) and grounds
have been established as provided in 23 Pa.C.S. §
3323(g).
(b) General rule.--Any designation described in subsection
(a)(2) in favor of the individual's spouse or former spouse that
was revocable by the individual at the individual's death shall
become ineffective for all purposes and shall be construed as if
the spouse or former spouse had predeceased the individual,
unless it appears the designation was intended to survive the
divorce based on:
(1) the wording of the designation;
(2) a court order;
(3) a written contract between the individual and the
spouse or former spouse; or
(4) a designation of a former spouse as a beneficiary
after the divorce decree has been issued.
(c) Liability.--
(1) Unless restrained by court order, no insurance
company, pension or profit-sharing plan trustee or other
obligor shall be liable for making payments to a spouse or
former spouse which would have been proper in the absence of
this section.
(2) Any spouse or former spouse to whom payment is made
shall be answerable to anyone prejudiced by the payment.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Dec. 1, 1994,
P.L.655, No.102, eff. 60 days; Oct. 27, 2010, P.L.837, No.85,
eff. 60 days)
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