Jump to content

Recommended Posts

Posted

Hello, I’ve personally witnessed this at my firm, but unfortunately the member will have to first change passwords, user IDs into the system, and proceeded with the process of taking legal action, proving it was done without consent showing that it was forged. They never make it that far on those cases because it’s too much to show proof of and legal fees. 

Posted

Spouse must be beneficiary of the pre-retirement death benefit unless the participant names another beneficiary and the spouse consents in writing to such and such consent must be notarized or witnessed by a Plan Representative.

Spouse, if participant has died, can and should make a claim to the Plan Administrator and go through that formal process which may or may not lead to discovery of fraud, and then proceed from there including any claims appeal. If that fails then the spouse can bring suit.

If participant has not died and spouse has discovered fraud through some other avenue, maybe contacting the Plan Administrator can address the situation.

We have some good legal minds on this forum who have better or more comprehensive advice.

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

Posted

As CuseFan points out, the signature would not only need to be forged, but witnessed by a plan administrator representative or notary. What are the facts here Eric Hanford?

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Terms of Use