SEBRINA D. STURMER

Oh, yeah, I know I've been shafted as far as any monetary compensation (except for the very smart decision on my part to have a spousal life insurance policy through my company benefits) :-) I am wondering, though, if the Plan Administrators will accept his ex's QDRO submission..?

FMSINC This is helpful, thank you. I know there are a ton of details to consider and I appreciate whatever guidance I can get. You've provided more than any attorney has given me. And I'm even willing to pay for their services! This was a city retirement plan and is not subject to ERISA laws, and you are correct; it's a Law Enforcement Plan. I have all but given up on trying to fight them. They are not budging with their position: << The Fresno Municipal Code is very specific as to the time frames that must be adhered to. This is not simply a policy issue that can be overturned by Retirement staff or Board. The one year waiting period is outlined in Sec. 3-418(i). Because Steven did not survive until the effective date of the benefit, no benefits are payable following his death. Because the Code is not at all ambiguous in this matter, I do not feel there is any room to conclude anything other than what has been conveyed to you. This matter has been discussed extensively with management in this office as well as the Retirement Board’s outside legal counsel. The same conclusion has been reached following each of these conversations.>> But in the Ex's court documents that she sent me, the city is '"completely willing to cooperate with signing off on the finalization of the QDRO" Jerks! >:-{ I don't think we're dealing with survivor annuity benefits or if I play a role in that, either. I'm not familiar with what that is. The Ex is petitioning for her "marital portion of his retirement". The divorce decree says she gets "community property interest in retirement benefits with the city of Fresno". But this is also in their divorce documents, which adds to the confusion. FYI there was no will. So again, if there's any reprieve for this grieving widow, I'd appreciate any advice. Thank you

Thanks for your reply. He did start receiving his retirement benefit (at age 40) during his previous marriage, although they were legally separated at the time. When we married, he submitted an "election to provide a continuance to a spouse" which was accepted and filed with the Plan Administrator. I know in many cases once a beneficiary is named, it cant be changed, but in this case it is permitted. We were married over a year, but he procrastinated/forgot and submitted the ppwk 6 months after the marriage. That is the official date that started the 12 month waiting period. So I guess my question is again, do I have ANY clout at all in this scenario? And what is the likelihood that the Ex will be granted the benefits without a QDRO?

Can someone please help answer a few questions? Attorney offices keep pawning me off to other attorney offices and I"m getting nowhere. Husband was receiving an injury related retirement pension from the city he worked in. He elected me as the beneficiary after we were married. He had been divorced prior, and It was noted in the divorce decree that his wife was to receive half. She filed a joinder for the Plan Administrator, but a QDRO was never completed. He passed away in December, 2018, but the city denied me his benefits due to their requirement of a 1 year waiting period and he died in month 9. ? Ex wife is now filing a QDRO and will be requesting a judges signature in lieu of my husband's to proceed. I believe the Plan Administrator is cooperating with this. All I need to know is what my role is in this-- do I have any rights to contest that she receive anything or is this solely based on a judges decision? Do I need to submit/appear in court/have legal representation for anything? The Ex mentioned something about me "signing off" on her filing. If that's the case and I have the right as the official beneficiary to block this process, I'd want to offer her a split of the benefits to 'sign off' for approval. The divorce was in CA. Thank you