Oppose 401A Payout

In NC, my friend married a probation officer. They were married about three weeks when the officer committed suicide. The state was not informed of the marriage. The payout was given to a beneficiary and my friend received nothing. How does she combat the problem?

First, is the plan subject to ERISA? Mention of a probation officer raises the question about the type of plan. Could it be a government plan? It makes a big difference.

If it is an ERISA plan, I would start with a claim for benefits by the widow in order to make the plan state its position. Also, a claim for benefits is rather simple and cheap relative to other courses of action, which may ultimately be necessary anyway. The plan is required to have written claims procedures. Follow them.

She should talk to a benefits attorney. Regardless, I would get a copy of the plan document/summary plan description. Sometimes plan provisions include revocation of beneficiaries on marriage. If this happens to be a governmental plan, state law could also possibly revoke as well.  As a side note - they should have known from his death certificate he had a spouse, typically it would include this information, unless they hadn't yet filed their marriage certificate. 

Also, some plans require (which is permitted) the person to be married for one year prior to death for the spouse to be treated as surviving spouse with respect to death benefits under the plan.

1 hour ago, CuseFan said:

Also, some plans require (which is permitted) the person to be married for one year prior to death for the spouse to be treated as surviving spouse with respect to death benefits under the plan.

This is an ERISA provision, which no ERISA plan is required to include (i.e., the plan could use any time period less than 12 months). This "12-month rule" may or may not be included in a government-based plan, and state law could also be relevant.

Are you sure it's a 401(a) Plan?

Who is the employer/sponsor of the Plan?

What's the exact name of the Plan? 

Was the beneficiary actually named on a beneficiary form submitted by the decedent? 

Or did the Plan follow an "order of preference" in making the payout?

In North Carolina, probation officers are employed by the Department of Adult Correction.  They are covered by the state retirement plan.    It will be important to get an attorney familiar with the plan, as well as to determine if suicide has any bearing on what benefit(s) are (or are not) payable.