retirement disbursement option change

My husband retired as a NYC teacher with a disability pension 2 years ago  after a brain aneurysm. At that time, he was living with a different woman and when filling out the retirement paperwork, they chose the irrevocable disbursement option for her to get continued payments after his death. They have since broken up and we are now married. He has been told there is no way to change that option or have his pension recalculated so that he may receive the maximum payment. It has been suggested that he hire a lawyer but what kind of paperwork would a lawyer have to file to get this changed? Are there cases in the past of lawyers being successful in facilitating these changes?

In order to get valid answers to your questions you need to provide sufficient information.  Here are my comments on your post. 

My husband retired as a NYC teacher with a disability pension 2 years ago  after a brain aneurysm. At that time, he was living with a different woman and when filling out the retirement paperwork, they chose the irrevocable disbursement option for her to get continued payments after his death. IN MOST DEFINED BENEFIT PLAN THE LAW REQUIRED THAT THE SPOUSE MUST BE NAMED TO RECEIVE SURVIVOR ANNUITY BENEFITS.  I ASSUME A NYC TEACHER WOULD BE COVERED BY A UNION PLAN, SO YOU NEED TO CONTACT THE UNION AND FIND OUT IF A MEMBER CAN NAME SOMEONE OTHER THAN HIS WIFE AS THE SURVIVOR ANNUITANT.  IT IS ALWAYS POSSIBLE THAT AT THE TIME OF HIS RETIREMENT YOU SIGNED A DOCUMENT WAIVING YOUR SURVIVOR ANNUITY BENEFITS.  IT IS POSSBLE THAT THE SAME RULES DO NOT APPLY TO DISABILITY PENSIONS IN NEW YORK.   They have since broken up and we are now married. WHAT DO YOU MEAN "NOW MARRIED"?  WERE YOU DIVORCED AND REMARRIED?   He has been told there is no way to change that option or have his pension recalculated so that he may receive the maximum payment. I HAVE SEEN ANY NUMBER OF CASES WHERE A PARTICIPANT HAS FORGED HIS WIFE'S NAME TO THE RETIREMENT PAPERS OR HAS STATED THAT SOMEONE OTHER THAN HIS WAS WAS HIS ACTUAL WIFE.  HAVE YOU SEEN HIS APPLICATION FOR RETIREMENT?  It has been suggested that he hire a lawyer but what kind of paperwork would a lawyer have to file to get this changed? Are there cases in the past of lawyers being successful in facilitating these changes?  THERE IS NO WAY TO ANSWER THIS QUESTION UNTIL THE LAWYER KNOWS ALL OF THE FACTS AND YOU DON'T KNOW THEM YET.  A LAWERS CHANCES OF SUCCESS ARE ZERO IF HE NEVER FILES SUIT.  WAYNE GRETSKY SAID "YOU MISS 100% OF THE SHOTS YOU DON'T TAKE."  HIRE A LAWYER.

NOTE THE THAT YOU MAY BE ENTITLED TO A SHARE OF HIS RETIREMENT ANNUITY BENEFITS, BUT TO GET SUCH BENEFITS YOU WILL HAVE TO OBTAIN A DIVORCE, AT WHICH TIME THE JUDGE WOULD ISSUE AN ORDER GIVING YOU A SHARE OF HIS RETIREMENT BENEFITS AND LIKELY SURVIVOR BENEFITS AS WELL.  HIRE A LAWYER.  YOU HAVE NO WAY OF FIGURING THIS OUT FOR YOURSELF.  

Teri, just to confirm, was the option he signed a “joint and survivor” retirement option? Such designations are generally irrevocable under law (and it sounds like that was what it is) - but if it was another type of designation, it may be considered revocable under certain circumstances such as in a divorce or separation.

Response to fmsinc--It is a union retirement and he has called and been told there is no way to change the disbursement plan as it was calculated using his and his girlfriend's projected lifespans at the time of his retirement. He and that girlfriend have since broken up, we met and are now married. 

He did call the union and the union representative he spoke to told him it is irrevocable and to hire an attorney. He was able to add me as a beneficiary for a one time death benefit, but this previous girlfriend will receive a portion of his pension in monthly payments for her life time.  He would like to remove her completely, and change the disbursement to 100% benefit for him while he is alive, and no monthly payments for me after he dies. 

Response to Martin Rosenburgh--Yes, the option chosen at the time of retirement was "joint and survivor" (even though they were not married).  So, even if a lawyer is hired, there is no way to "order" the union to change his disbursement option?

On 4/3/2024 at 11:16 PM, Martin Rosenburgh said:

Teri, just to confirm, was the option he signed a “joint and survivor” retirement option? Such designations are generally irrevocable under law (and it sounds like that was what it is) - but if it was another type of designation, it may be considered revocable under certain circumstances such as in a divorce or separation.

Response to Martin Rosenburgh--Yes, the option chosen at the time of retirement was "joint and survivor" (even though they were not married).  So my understanding is, even if a lawyer is hired, there is no way to "order" the union to change his disbursement option? 

On 4/3/2024 at 6:39 PM, fmsinc said:

In order to get valid answers to your questions you need to provide sufficient information.  Here are my comments on your post. 

My husband retired as a NYC teacher with a disability pension 2 years ago  after a brain aneurysm. At that time, he was living with a different woman and when filling out the retirement paperwork, they chose the irrevocable disbursement option for her to get continued payments after his death. IN MOST DEFINED BENEFIT PLAN THE LAW REQUIRED THAT THE SPOUSE MUST BE NAMED TO RECEIVE SURVIVOR ANNUITY BENEFITS.  I ASSUME A NYC TEACHER WOULD BE COVERED BY A UNION PLAN, SO YOU NEED TO CONTACT THE UNION AND FIND OUT IF A MEMBER CAN NAME SOMEONE OTHER THAN HIS WIFE AS THE SURVIVOR ANNUITANT.  IT IS ALWAYS POSSIBLE THAT AT THE TIME OF HIS RETIREMENT YOU SIGNED A DOCUMENT WAIVING YOUR SURVIVOR ANNUITY BENEFITS.  IT IS POSSBLE THAT THE SAME RULES DO NOT APPLY TO DISABILITY PENSIONS IN NEW YORK.   They have since broken up and we are now married. WHAT DO YOU MEAN "NOW MARRIED"?  WERE YOU DIVORCED AND REMARRIED?   He has been told there is no way to change that option or have his pension recalculated so that he may receive the maximum payment. I HAVE SEEN ANY NUMBER OF CASES WHERE A PARTICIPANT HAS FORGED HIS WIFE'S NAME TO THE RETIREMENT PAPERS OR HAS STATED THAT SOMEONE OTHER THAN HIS WAS WAS HIS ACTUAL WIFE.  HAVE YOU SEEN HIS APPLICATION FOR RETIREMENT?  It has been suggested that he hire a lawyer but what kind of paperwork would a lawyer have to file to get this changed? Are there cases in the past of lawyers being successful in facilitating these changes?  THERE IS NO WAY TO ANSWER THIS QUESTION UNTIL THE LAWYER KNOWS ALL OF THE FACTS AND YOU DON'T KNOW THEM YET.  A LAWERS CHANCES OF SUCCESS ARE ZERO IF HE NEVER FILES SUIT.  WAYNE GRETSKY SAID "YOU MISS 100% OF THE SHOTS YOU DON'T TAKE."  HIRE A LAWYER.

 

NOTE THE THAT YOU MAY BE ENTITLED TO A SHARE OF HIS RETIREMENT ANNUITY BENEFITS, BUT TO GET SUCH BENEFITS YOU WILL HAVE TO OBTAIN A DIVORCE, AT WHICH TIME THE JUDGE WOULD ISSUE AN ORDER GIVING YOU A SHARE OF HIS RETIREMENT BENEFITS AND LIKELY SURVIVOR BENEFITS AS WELL.  HIRE A LAWYER.  YOU HAVE NO WAY OF FIGURING THIS OUT FOR YOURSELF.  

Response to fmsinc--It is a union retirement and he has called and been told there is no way to change the disbursement plan as it was calculated using his and his girlfriend's projected lifespans at the time of his retirement. He and that girlfriend have since broken up, we met and are now married. 

He did call the union and the union representative he spoke to told him it is irrevocable and to hire an attorney. He was able to add me as a beneficiary for a one time death benefit, but this previous girlfriend will receive a portion of his pension in monthly payments for her life time.  He would like to remove her completely, and change the disbursement to 100% benefit for him while he is alive, and no monthly payments for me after he dies.