adunham

Thanks! I feel the plan is putting the surviving spouse at a "less than" state than she would be had the error not occurred. They are saying, if she would have gotten say $600/month, and we think she will live for another 10yrs, then she should repay $233/mth, so now, we will only pay her $366/mth. They go on to say that if she lives longer than the 10yrs (needed to repay the overpayment), the monthly amount will not be increased back to what they should be, i.e. $600

Looking for some opinions on the following unique situation... Mark retired from Company A in 1998 and was receiving pension payments. In mid-2015, he was told he had a terminal illness and given only a few months. In his desire to assist his children/wife with dealing with his passing, he contacted Company A to learn what his wife needed to do after his death for her surviving spouse benefits. As a result of his call, Company A learned they had an administrative error and had been paying him as a single annuity since 1998, resulting in an over payment of $28K. He passed a few weeks after this call. Company A was notified of his passing and no future payments were made. Now, Company A is requesting his wife repay the $28K overpayment in lump sum, or actuarialy offset her surviving spouse benefits to pay it back over time. in my opinion, Company A should only be able to request repayment from the "estate of", and not from the surviving spouse. In the event there is no "estate", then Company A suffers a loss due to their administrative error. Interested in hearing opinions and thoughts about related laws. Much thanks!