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DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????
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Retirement Planning
DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????
<font face="arial, helvetica, sans-serif" size="1"><div>Wondering if you'll have enough for your retirement? Considering early retirement? These questions and much more are addressed in this investment plan, saving strategy-oriented message board.</div></font>
Anybody know about a federal law that says when a retiree dies their pension goes to the spouse they were married to for one year at the time they retired?? I was married for 15 years. We were divorc
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Cat:7a9899c6-bb01-48a5-bd56-e73d9d7e3998Forum:f30f5dc6-f3c4-4828-8510-fbe290ff0053Discussion:3c53e422-91d8-46be-bd7c-69f30e2f13b1

Forums » Work & Retirement » Retirement Planning » DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????

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Forums  »  Work & Retirement  »  Retirement Planning  »  DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????

DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????

posted at January 22, 2012 7:01 AM EST
Posts: 1
First: January 22, 2012
Last: January 22, 2012

Anybody know about a federal law that says when a retiree dies their pension goes to the spouse they were married to for one year at the time they retired??

I was married for 15 years. We were divorced for 12 years, and then we remarried for 16 years. During the years we were divorced, my husband married another woman, was in an accident, and had to retire earlier than he expected.

He died last August and when I applied for his death benefits and pension, I was told I was entitled to his death benefits, but NOT his pension (which includes health care insurance) because of this law.

I have two marriage licenses, his divorce decree where his ex gives up all rights to his pension, annuities, etc., and a will naming me his sole beneficiary.  This documentation means nothing to the administrators of his pension fund.

I have been told by a lawyer (that I couldnt afford to hire anyway) that I have no legal recourse.

Any comments or suggestions?? I'm thinking we may not be the only ones who were unaware of this federal law.  It may not do me any good, but forewarned may be forearmed!  It might be a little harder for a pension plan to explain to a live retiree about this law than to just hit a grieving widow or widower with it after the fact of a retirees death.

I would love to know just where this law is to be found, WHO sponsored it, and the rational (if any) of enacting same.
As it is, I am left with a firm conviction that in this day and age, political intelligence and/or integrity is truly an
oxymoron!!  Contact me at    survivingspouse2011@yahoo.com.  Thanks for any comments, help, info!!

Re: DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????

posted at January 22, 2012 7:55 AM EST
Posts: 8221
First: March 4, 2009
Last: May 22, 2013
Even if you weren't ever divorced. if your husband never made provision with his private pension to provide you with rights to his pension, you are not going to be entitled to it. The only pension that I know that a wife has any rights is with SS. and then you need to be married at least ten years. in which you choose whether you want his SS benefits or stay with yours.

Re: DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????

posted at January 22, 2012 7:58 AM EST
Posts: 8221
First: March 4, 2009
Last: May 22, 2013

Private  insurances have always have the clause that you have to name a beneficiary to your pension. If you don't do that, no matter how many years you are married, you won't get it.

Re: DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????

posted at January 22, 2012 8:10 PM EST
Posts: 1923
First: November 27, 2011
Last: May 18, 2013
In Response to DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????:
Posted by bloggins


The name of the law is: The Employee Retirement Income Security Act  (ERISA)

From what you have posted here, it sounds like your husband (ex-hubby at the time) may have not had survivor coverage OR he changed it when you got divorced and did not change it back after you got remarried.  OR maybe his old ex-got listed as his survivor when they married and he never had her taken off and you added.

Anyway it has less to do with the actual law and more to do with who took care of business by making sure "they" were listed as the survivor on the pension.

From Wikipedia:
"ERISA  regulates the manner in which a pension plan may pay benefits. For example, a defined benefit plan must pay a married participant's pension as a "joint-and-survivor annuity" that provides continuing benefits to the surviving spouse unless both the participant and the spouse waive the survivor coverage.
"

Forums » Work & Retirement » Retirement Planning » DID YOU KNOW THAT AFTER YOU DIE, YOUR SPOUSE MAY NOT GET YOUR PENSION????