In Richards v. Richards (232 AD2d 303) the First Department affirmed Supreme Court's holding that plaintiff was not barred from equitable distribution of defendant's pension by a prenuptial agreement in which she waived any right thereto. The Court held that under ERISA, "only a spouse can waive spousal rights to employee plan benefits" ( Richards v. Richards, supra, at 303) and that such rights cannot be waived in a prenuptial agreement. The Court in Richards v. Richards (supra) failed to perceive that "spousal rights" under ERISA are limited to survivor benefits, and the statutory restrictions upon the waiver of such rights are likewise limited to survivor benefits.