Do I get a widow's pension, even though my husband had named as his be

[Guest trishfi]

My husband died on May 27,1999, He has a pension plan in which he named his 2 adult children from a previous marriage as the beneficiaries. This was done before we were married. He died at a young age and did not get around to changing the beneficiary to me. What are my rights in this case? He did tell me that since I was his spouse that his pension would automatically go to me if something were to happen to him.

[jlf]

Is the plan covered under ERISA, the Employee Retirement Income Security Act? If yes, how long were you married? Was he receiving his pension or was he still working?

Erisa does not cover the public employee plans of state or local governments. For these plans you must check out the specific state law.

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[Guest trishfi]

The plan was not with the government.In the plan summary that I found, it stated that a spouse had to sign a waiver to be eliminated as a beneficiary. We were married for 6 years. Yes he was still working and was not receiving benefits at the time of his death.

[This message has been edited by trishfi (edited 07-13-99).]

[This message has been edited by trishfi (edited 07-13-99).]

[david rigby]

You may have a benefit from this plan. If he named others as beneficiary(s) before you were married, that might automatically be voided by your marriage.

I suggest you contact the Personnel or Human Resources representative and inquire.

[Guest trishfi]

Thank You for the information. I received a letterfrom the plan administrator iforming me that under ERISA I was entitled to my husband's 401 K and pension plan but could not receive benefits until his adult children received written notice that their claims had been denied. 'they have sixty days in which to file an appeal. I am so tired of all of this. Does anyone know what this means?

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[Spencer]

The good news is the plan was covered by ERISA. ERISA was amended by the Retirement Equity Act of 1984. REA added mandatory spousal rights to ERISA. Your husband was right; unless you signed a waiver and consented to his children being his beneficiaries,you get his benefits.

You might want to contact an attorney who specializes in ERISA law to help get things moving. Hang in there.

[jlf]

I don't feel you need an attorney at this point. Let the process take its course. ERISA IS PROTECTING YOU. IT IS DOING WHAT IT WAS DESIGNED TO DO. BE PATIENT.

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[Guest trishfi]

I just received a notice that two of my husband's children have appealed the decision of the pension plan. The decision was that they were denied benefits and that the benefits were to go to me. Now,I understand, The plan administrator will submit this appeal before the board on November 8th. Does anyone know anything about this process and what may happen. I know I am protected under ERISA, but I still don't understand all of this. What are my chances of losing my benefits?

[david rigby]

you may still need some legal advice.

yes the process seems to be going according to ERISA, but the plan (or plan administrator) should make sure you are informed of the status of the existing claim from your stepchildren. You are an indirect participant in that claim.

Perhaps you should write to the plan administrator asserting your belief that you are the correct beneficiary and request the payment. This puts a written notice in the record.