paralegal231

@QDROphile Thanks for your help!

@QDROphile So, are my conclusions that she is technically entitled to nothing correct? And do you have any creative suggestions for solutions?

@Calavera "HUSBAND is hereafter referred to as PARTICIPANT in the New York City Employees retirement System. WIFE is hereafter referred to as the ALTERNATE PAYEE in the New York City Employees Retirement System. .... ORDERED, that the pension benefits earned by the PARTICIPANT with the NYCERS, to the extent to which it has accrued during the marriage is martial property; and it is further ORDERED , that the Plan Administrator issue separate checks to the PARTICIPANT and the ALTERNATE PAYEE for their respective interests in the plan at the time its benefits become payable; and it is further ORDERED, that such time as PARTICIPANT has retired from and is actually receiving a retirement allowance from the NYCERS, the said NYCERS in accordance with the forumal devised in the case of Majauskas v. Makauskas is directed pay to ALTERNATE PAYEE from PARTICIPANT's retirment allowance 50% of the following fraction of PARTICIPANT's monthly retirement allowance: the numerator of the fraction shall be X...... and the denominator shall be the total number of months of service credit in the NYCERS which PARTICIPANT has at the time of retirement; and it is further ORDERED, that the term "retirement allowance" as used herein, shall be deemed to include any annuity as well as any supplemental retirement allowance including any variable supplement benefits fund payment, if any, and any refund of contributions which is paid by the said NYCERS; and it is further...." I think those are the relevant parts

Those suggestions are helpful! Thank you. I called NYCERS, the pension company, and they confirmed what I was afraid of and what y'all have been saying- that she is out of luck. Are there any creative arguments any of y'all have seen made that was successful in either modifying a QDRO or convincing the court that the ex-spouse should receive some benefits? This is really the fault of the attorney who drafted the QDRO, and it's just not fair that this woman will be out of the money, so I'm trying to figure out if there is a creative way to get it for her.

Husband and wife divorced. A QDRO awarding wife 50% of the portion of the pension earned during their marriage was ordered and filed properly, but no Survivor benefits were included in the QDRO. Husband remarried and then died before reaching retirement age. Is there anything that can be argued so that the first wife may receive some of his pension benefits?