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Showing results for tags 'erisa rights of surviving spouse'.
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My husband retired from two major aerospace companies that were bought out by Boeing. My husband divorced his first wife, obtained a QDRO during their divorce process. The QDRO was entered into the divorce record with the court. Later, we married, I want to get a copy of both of his two ORIGINAL private pension plans, but I am not sure how or where to begin looking for these documents? I do not trust the Boeing Pension Dept, they hired a third party firm to handle retiree's pensions. In the last 8 years since my husband's passing, the Pension Plan Division has changed their name at least 3 times as well as their address! They were very unprofessional in helping me to receive a small death benefit policy. They finally issued a check to me, and them nearly 2 years later, sent me a threatening letter saying that unless I sent them a certified copy of my husband's death certificate, I would be responsible for repayment of the one time death benefit payment ! I asked them if they really really REALLY have any protocol that would release funds without it then take nearly two years for them to discover such a breach? I sent them copies of the docs and envelope with return receipt from the USPS. Yet they continued to threaten me until I sent ANOTHER certified copy of his death certificate ! Finally I re-complied. My sending them court certified copies several times cost me nearly $150.00, and took over 1 year to finally receive. Then after all of that, they harrassed me 1-1/2 year later to repeat the nightmare. So after all of this, I don't trust them to tell me if I have any rights as a 2nd spouse and as my husband's survivor (his EX wife preceeded him in death, with a QDRO). I know that the QDRO he had with his divorce settlement WAS FILED with the court, though I don't know if copies of BOTH PRIVATE PENSION PLANS were entered into the court record? I read where if an Alternate Payee/Spouse passes away BEFORE the Participant, the Participant is free of the QDRO arrangements? Is a Second Spouse (subsequent spouse, SURVIVING spouse) entitled to a private pension plan according to ERISA? Again, I have ZERO TRUST in the Boeing Pension Dept ! I am hoping that if I can get COPIES of the ORIGINAL private pension plan(s). If I find or need an attorney, it will cost me a lot less if I already have the original document to present to an attorney. Thank you very much for helping to clarify this.
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- original document
- private pension plan
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Tagged with:
- original document
- private pension plan
- where to get copy
- hiw to get copy
- copies
- pension department
- court record
- qdro
- remarry
- remarriage
- subsequent spouse
- new spouse
- alternate payee dies first
- participant survives alternate payee
- qdro ends upon death of alternate payee
- rights of new spouse
- rights of subsequent spouse
- erisa rights of surviving spouse