Pension Admin in Ohio

He needs to obtain spousal consent to receive a pension distribution in the form of a lump sum. He is asserting that despite covering a person as his spouse on his Health and Welfare benefits, he is not and has never been married. We contacted the person whom he is covering as a spouse and she would not respond either to sign the consent nor to sign an affidavit saying they were never married. I stated that submitting proof that he is in a common law marriage with this person is not going to help him receive the lump sum pension distribution - he would still need to obtain consent from his 'spouse'. Am I missing something?

He worked for us in Illinois, which does not recognize common law marriages. We did not probe to find out if he was in a common law marriage in another state. His PNHS also resides in Illinois. Being married via a common law marriage would not really help the pension situation. He worked for us from 2012 through 2017 - so not a particularly long service employee.

There was a lot of back and forth between the PA and this participant. We asked for a copy of his marriage certificate and he definitely stated that he was never married and he just listed her as his spouse in order to obtain certain H&W benefits. The person whom he stated was his spouse, was listed as bearing his last name within the H&W records. When we performed a search using our locater service, she is also listed there using his last name. Our thought is that it would be pretty difficult to legally change one's name.

We thought about doing that, but people are pretty mobile. We wouldn't know for sure where any marriage may have taken place. Think of people who marry in Las Vegas/Hawaii or have destination weddings in the Caribbean . . . We use a search firm to assist us with locating 'missing' and deceased participants, but their service does not include searches for spouses. We are in the process of engaging a firm that promises more expansive, robust searches, I will inquire if state/county records of marriage are available. Good idea!

In this case, the Plan Administrator is the Plan Sponsor. If both the Participant and the PNHS would both submit affidavits that they were never married, then the PA would be more than happy to allow the Participant to receive the lump sum distribution. The PNHS seems determined not to assist him for whatever reason (at one point the Participant stated there were restraining orders against one another). It's a well-funded Plan, and the benefit is relatively small - the only risk, as others have pointed out, is a future claim for survivor benefits. With all the information on file, including the mistruths, we are at a standstill - I think we are in a place of no return, with respect to accepting his word that he was never married. A letter outlining the PA's position/providing his options (including a J&S annuity with his 'spouse' as beneficiary) was mailed to him a week ago. If he protests, we will end up denying his claim for the lump sum distribution and advising him of his right to file an appeal. It may prod him into rethinking his position. Thanks for your consideration and responses.

Opinions please on this unusual fact pattern. Participant leaves employment with a vested benefit in a defined benefit pension plan in 2017. Plan provisions permit him to elect an immediate lump sum distribution upon completing the appropriate forms and submitting certain documentation. One item included in the application package is a Spousal Consent that must be completed by his spouse. Note: he covered his spouse under various health and welfare benefit plans during his period of employment. When he received his pension application, he indicated that his marital status is 'single-never married'. We pointed out that he presented himself as being married during his employment. He stated that he lied about his marital status and that he was not never married. We prepared affidavits for him and the person who is not his spouse (PNHS) to complete. He completed and submitted his own affidavit stating that he was never married to PNHS. He indicated that he did not have a current address for PNHS. We performed a search and sent the affidavit to PNHS via regular and certified mail. PNHS never submitted the affidavit, and did not sign for the certified mailing. The affidavit sent by regular U.S. mail was not returned as being undeliverable. Participant, of course, is super anxious to receive his distribution. We suggested that he submit an official copy/transcript of his federal tax return from the IRS for the final year of his employ with the company. Our thought was that it would agree with his true marital status and along with his completed affidavit would permit us to distribute his pension. Initially he stated he would request and send the tax return, then he stated that he did not file a return for that year/any year. Recently, he is claiming that we have no authority to request copies of his tax return. Any suggestions?