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Thank you. I have all the documents that you suggested. I have been trying to find an ERISA attorney, but so far no one will call me back. I did click on the link given to me, filling out their form. I will wait for their response. Thank you for your all the advice.

The early retirement started in October, 2007 when he was 55. This was started even though he had filed for SS disability. It was apparent after treatment for cancer that he was not going back to work. The intent was that the early retirement would be converted to a disability pension when/if it was awarded. The plan allowed this conversion at the time. Once he received the determination of SS disability, around January 2008, the process was started with the plan to convert it into a disability pension because it was the same amount as his age pension would have been at 65. The award letter stated his entitlement date was December 2006. The plan sent new election forms with the option of the 120 certain payments which on the original election was not allowed. The plan would not release the makeup payments or start the “new” disability pension until the new election forms were signed by both of us. I did sign the election form on June 16, 2009. My understanding was that the new election form with the “new” pension would also have a new annuity starting date of August 2009. Since they were so insistent that these forms HAD to be signed prior to releasing the payments. None of the correspondence indicated that it really was a 120 month certain payment minus the makeup payments. I also, at the time, was not aware that a survivor pension was the default option and I was entitled to it by law. The option of receiving a higher payment including the makeup payments going forward was never offered either. Since they are using the annuity start date of October 2007 and the 120 certain month option was not available at that time because we had not filed the application for the pension per their guidelines, how can they offer it later, but use the old date? As far as all the documentation, I have check stubs until it was deposited electronically. The check stubs show the clear distinction between retirement and disability as it is written on the check stub. The date of the first disability check is August 2009. The plan also states that once a participant turns 65, then the pension becomes an age pension. New election forms were not received prior to that date.

Thank you for the link. I don’t understand why they sent new election forms either. When the early Retirement Pension began, the 120 certain month option was not available because we had not applied for the pension in the time required for this Plan. i didn’t realize that at the time that there really should not have been a subsequent election. I asked the plan administrator that question recently. The response was that it was a “new” pension thus new election forms. So why the original date I asked? They would not answer that. I also understand that my husband did receive a larger pension when it was converted because he was no longer penalized for an early retirement. (55) That is why he converted it. This makes it seem that it was indeed an auxiliary disability pension as he received the amount that he would have received at NRA. The periodic payments were not certain either because they were conditional on his remaining disabled and confirming that he was on a yearly basis. One time the paperwork was not returned when they required and they suspended his benefit. i would most definitely like to receive the 50% husband and wife as originally chosen. Any advice is greatly appreciated.

I am the beneficiary of my late husband's defined pension annuity. The pension began as an early retirement pension but was converted to a disability pension when he received the SS award letter. When the pension first started, we elected the 50% husband and wife. Nearly three years later, the plan sent new elections forms. We changed the form of payment to 120 certain payments. The plan is denying my claim for the remaining twenty payments saying they are using the earlier annuity starting date, not the date nearly 3 years later. That was not explained in any of the election notices or correspondence. Also, he had reached normal retirement age when he passed by three months.