Problem getting a death certificate

[doombuggy]

I just got back from vacation to find a message on my answering machine about a dec'd participant in one of my plans. We always tell the client to obtain an original copy of the death certificate when processing the distribution(s) for a participant's beneficiary(ies). this participant died earlier this year and apparently her bene is not a family member. The clerk of courts won't give this person an original death certificate, and the family is upset ~ apparently they are not happy with who the named bene is....

The client has a copy of the death certificate, but not an original. Under these circumstances, and assuming that the dec'd enrollment form (on file with the client, not us) states that this person is the bene of this unmarried participant, do you think we could proceed with the distribution - or would you just advise the client to speak to an erisa atty?

[Bird]

I'd probably take the copy. But I wonder if the bene showed the court forms proving that they were indeed the bene, then they might be able to get an original death certificate.

[masteff]

Was there an obituary? Did anyone at the company attend the funeral? Presumably the family is corroborating the death since they're ticked about bene designation.

I'd say this is a "prudent person" test. Is there enough evidence for a prudent person to conclude the part is really dead and not simply scamming to get the death benefit out of the plan? Don't set the hurdle higher than it actually NEEDS to be for the bene.

[doombuggy]

The participant was working at the company still when she died. The employer has a copy of the death certificate, I assume for other reasons related to her employment. I don't think this is a scam - she's really dead. I have asked the client if they are sure that she was not married. I had a participant die in a suspious car accident back when I worked at BISYS, and he had indicated to the ER that he was not married and named his 2 sons as benes. As it turned out, he WAS married (never got divorced) and she was trying to claim the plan assets. she was also a "person of interest" in the car "accident." We told the client to consult a lawyer.....

We are looking at about $60k here; I'm leaning the cautious way....