He said “Sign here”. She said “OK Honey”.

[Guest Yucca Deb]

With my Mother’s aging, I have become more and more involved with her finances. This was my discovery this past year.

My Father retired (1983) as a faithful member of the Brotherhood of Painters, Decorators & Paperhangers. From his “Official Membership Book” starting in 1947, (I have all of them), it shows each month the amount of dues he paid and the signature of the local’s secretary. Also, in each payment book appears the name of the beneficiary, my Mother.

In 1986 my Father died. Upon my Mother’s call to the local union office to inquire about death (burial) benefits, she was informed that she was not entitled to my Father pension because “she signed piece of paper”.

My Mother remembers my Father shoving a piece of paper in her face, wanting her to sign so he can receive his pension. Being a trusting and submissive spouse, she signed unwittingly!

I certainly believe if my Mother knew upon my Father’s death, she would receive nothing, she would not have signed.

My Mother is the type of person, if the very important union representative said she signed a “piece of paper” and there was nothing anyone could do, then so be it. With pride and embarrassment, she has been living on just her social security ever since.

Any help would be appreciated. I am looking for:

California’s Statute of Limitations. Is this still a GOOD FIGHT?

Any information, class action or otherwise that has reversing this injustice.

Other surviving spouses faced with this same dilemma.

A good Pension Lawyer in Southern California.

[Guest boberlander]

Your first step should be to get the piece of paper and read it.

[actuarysmith]

If what you say is true, the union should have a copy of the piece of paper. Until you see it first hand and know what it says - how can you make any kind of decision about anything.

My guess (a big one) is that your Father applied for his benefits and selected a "life only" option. This means that the benefit is paid for the duration of his life and then stops - period. There is no survivor benefit payable to a beneficiary. The advantage to this form of payment, is that it paid a higher monthly retirement benefit than any other form of payout (because it stopped payments upon his death).

Retirement plans are required to pay out benefits in the form of a joint and survivor annuity - under this format, the surviving spouse would continue to receive a monthly pension after the death of the primary paricipant. Under these options (depending upon the level of benefit that continues to the spouse) the monthly pension starts out less than it would under the life only option.

If a participant selects a life only option, the plan sponsor is required to obtain the spouse consent (waiver) in writing and have it notorized.

My guess is that your mother signed the spousal waiver of the Joint and Survivor Annuity Rights. If this is true, and the form is properly signed and notorized, then there is probably little that you can do at this point.

However, I would obtain a copy of the form. It is possible that is was filled out incorrectly, or never witnessed or notorized. If this turns out to be the case, you may have some possible recourse.

Good Luck! - hopefully this information is useful to you.........

[jlf]

Must a waiver form disclose to the spouse that there is no provision for a spouse benefit upon the death of the pensioner?

Who is responsible for assuring that the spouse understands the ramnifications of signing the waiver? Must the dollar amounts showing the difference between the single life option and the joint life option be a part of any properly prepared waiver statement? Can someone paste up a standard waiver form?

Best wishes,

Joel L. Frank:(

[MoJo]

Uh, was REA even effective when this guy retired in 1983? I haven't looked it up, but I thought REA applied post 1984....

[david rigby]

REA was passed in August 1984. However, J&S requirements have existed for qualifed DB plans since 1976.

The comments from actuarysmith are very good.