Company says the benefit is lost. Doesn't seem right. Shouldn't the husband get that back. It's half of what he worked for.
2007-01-02 10:16:50 · 7 answers · asked by Catfish 1 in Business & Finance ➔ Personal Finance
It depends on what was specified in the Qualified Domestic Relations Order (QDRO). What happens to benefits upon the death of either party MUST be covered in that document.
It basically depends on the type of plan, the specific QDRO wording and whether the participant is already retired or not.
As your company says the benefit is lost I would now consult the attorney who drew this document up for you. Since the legalize is most often difficult for a layman to understand, it could be that the person handling this in the company is mistaken. This is too important to you to simply trust in some company HR administrator.
I agree, it doesn't seem right, but that's our system for you.
Good luck.
2007-01-02 11:03:11 · answer #1 · answered by rkoblitz 6 · 0⤊ 0⤋
The company is required to pay the pension benefits regardless of the divorce agreement. Since the ex-wife has passed on, the benefit should go back to the husband. I Would most definitely consult a court shark. Sounds to me like the company is trying to worm out of paying the benefit.
2007-01-02 10:36:00 · answer #2 · answered by Darryl L 4 · 0⤊ 0⤋
I am not sure about legally but it would seem that in fairness the money should go back to the husband. That is probably something that would depend on the state laws and should be handled by a lawyer.
2007-01-02 10:30:07 · answer #3 · answered by C D 2 · 0⤊ 0⤋
Start calling lawyers TOMORROW! I don't know the answer to this but it doesn't seem right. I think you may have run into a lazy administrator. After you get your money back I'd write an irate letter to that person's boss. If anyone ever needed an attorney, it's you. Good luck man!
2007-01-02 16:30:05 · answer #4 · answered by Big R 6 · 0⤊ 0⤋
I would check with an attorney. Laws are different in many states and companies sometimes can override if they have a certain situation written legally to protect them. Case in point - my aunt was a member of a great organization for more than 30 years, paying dues and rising in the organization as a leader. She bought some insurance policies for me and my sister in case she died. We would have collected more than 5000 each. Don't you know that organization wrote and told me 'she was not in compliance' at the time of her death. My thought was - what's that got to do with the policy she bought and left us? They wiggled out of paying. And the law upheld them.
2007-01-03 07:21:53 · answer #5 · answered by THE SINGER 7 · 0⤊ 0⤋
You should get it back. Ask a lawyer to send them a letter asking for the money plus his fee.
2007-01-02 11:38:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No.
Her Estate will get that money (Not to be confused with State)
2007-01-02 11:17:16 · answer #7 · answered by Anonymous · 0⤊ 1⤋