§4.07 Waiver of Election Right

The rights to make a pension election may be waived in a marital settlement agreement but the intent to do so must be express and unequivocal. The agreement on its face must manifest the parties' clear intent that the employee spouse has full control over the date payments to the nonemployee spouse will begin. [Marriage of Crook (1992) 2 CA4th 1606, 1611.]