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SITUATION ; Retired partipant REMARRIES then dies (alternate payee/ex wive PRECEEDED Participant's death) (full retirement plans from two aerospace companies) (a little background) (1) Participant divorced, with QDRO agreement (2) Participant later remarried (3) His ex-wife aka "alternate payee" died before he did QUESTION ; Is the second wife aka his "surviving spouse" entitled to any of his pension benefits ; (1) BEFORE participant's death? (2) AFTER participant's death? "What happens to a private pension plan when an (Alternate Payee/EX spouse) before the Participant dies?"

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.

My husband of 20 years just started receiving a pension he earned prior to our marriage which was subject to a QDRO. We had to submit his paperwork at the end of the year for the pension payout and he chose a payout based on 100% survivorship. He just received a letter that outlined that his ex wife will receive 50% of the pension, per the QDRO as expected, and also that if my husband were to die, she’d receive the same amount - also expected as the QDRO did specify she would have death benefits. However the letter also specified that if my husband predeceases me I would only get about 1/6 of that amount . I am confused. If my husband’s pension, in which he was 100% vested - for simplicity’s sake - is 1000/month with 100% survivorship, if he dies is it appropriate/expected that his half of the 1000 virtually disappears? With the ex wife getting her expected $500 still but the current spouse only getting $100? This seems to imply that my husbands employer gets a windfall by being allowed to keep 400/month in which he was entirely vested with 100% survivorship just because he got divorced. How can the employer be allowed to somehow not pay the full survivor benefit given that he was vested? This seems like it would be illegal. There is no argument at all with what the ex wife is getting , just confusion over why the current spouse would lose the remaining piece of the pension. Is this normal? Should I be engaging a lawyer?