QDR

So I signed a QDRO when divorcing my husband after being married 17 years of marriage. I relinquished rights to my husband’s pension, in trade, I then got the funds that was in his annuity. A year later, we remarried. We were then married another 5 years until he passed away last year. I am receiving his pension but only half of what we thought. I’ve brought this to their attention and now they want my divorce decree. My question is, since I relinquished his pension when we divorced, can that affect me receiving it now even though we remarried? He passed away 6 months ago and as long as I don’t push it, they aren’t doing anything about it. But when I brought this to their attention, they got a company lawyer involved. Obviously getting something is better than getting nothing so I don’t want to push for the rest if I could potentially lose it all!! 

Terminology can be important. 

Please explain the difference between his "pension" and his "annuity".  Is there more than one plan and/or plan sponsor involved?

There are about 200,000 pension and retirement plans in the US.  They do not all have the same provisions. 

David is correct that you have not explained the difference between his pension and his annuity.  Very often defined contribution plans refer to their benefits "annuities".  This is an incorrect use of that term. Annuities are generally associated with defined benefit plans. Union plans are frequently guilty of this mistake.   

A QDRO is not a document that is used to waive pension and retirement benefits.  It is a document that is used to award pension and retirement benefits. 

Since you husband has died, there are no pension or annuity benefits to discuss or receive.  If he had awarded you a share of his pension benefits they would have terminated on his death.  There are only SURVIVOR ANNUITY benefits that are designed to continue to pay benefits to you as his former spouse after his death .   

If you were married to him at the time of his death, and it this is and ERISA qualified plan (rather then a Federal government plan or a State, County or municipal plan where the rules might be otherwise), you would be entitled by law to a survivor annuity benefit and in many cases the default is 50% of the amount of the pension he was receiving while he was alive.  So if you are receiving 50% of what his pension has been, they you are receiving the correct amount. This would have nothing to do with the divorce.  If for example the Judgment of Divorce or the QDRO did not award you a survivor annuity, the your right to that survivor annuity would terminate a the time of the divorce; but it would be reinstituted at the time of your remarriage.  And all of the foregoing may depend on whether he died before or after his retirement.   

So unfortunately, since you are unable to articulate and explain the exact situation, there is nothing at all that we can do to assist you.   

You need to find an attorney with some familiarity with this complex area of the law.   Tell me where you look and I will try to find someone to help you.  

My Quadro made me survivor of his annuity, and he was not allowed by the plan to change it. Also divorce states I get half of the pension plan. We also both agreed I get half of his annuity.

Can the plan let him change it, when plan was put on notice of quardo that he was not allowed to change it?

Question. If he changes to no survivor. Does plan follow that or Quadro from judge?

There are two matters. 

It sounds like he had a RETIREMENT ANNUITY that would pay him a retirement benefit WHILE HE IS ALIVE.  If and when he is dies, the RETIREMENT ANNUITY stops.  If you were receIving a share of his RETIREMENT ANNUITY, or if you were supposed to receive a share of his RETIREMENT ANNUITY, then your share STOPS AT THE TIME OF HIS DEATH.  So you can stop talking about his retirement annuity.  One more time - it ended at his death.  It cannot be revived by your agreement or by the QDRO.   

The second matter is a SURVIVOR ANNUITY that pay you AFTER HE DIES.  In most cases the SURVIVOR ANNUITY is going to be 50% ot the total amount of the RETIREMENT ANNUITY.  So if his RETIREMENT ANNUITY was $1000 a month, then the SURVIVOR ANNUITY will be $500 a month. 

Do you know what you are getting?  Is it the survivor annuity?  

Are you actually receiving payments every month? 

You have said "Also divorce states I get half of the pension plan. We also both agreed I get half of his annuity."  These terms have no meaning to me or to the other person who responded to you.  You were asked to explain and you did not.  I am not willing trying to figure out what you are talking about when you obviously can't understand the language.  I am pretty sure you have received correspondence from the Plan that explains everything to you.  So, once again I suggest you HIRE A LAWYER who can help . .  I offered to try to find someone for you if you tell me where you live, but you did not take me up on that offer.  You can contact me at my email - marylandmediator@gmail.com if you wish.      

It does matter what you and your husband agreed, or what the QDRO said about his retirement annuity.  After his death the retirement annuity goes away; it stops, and there is nothing more to talk about.  At that point the survivor annuity kicks in.  The survivor annuity is based either on the QDRO setting forth the Plan's obligations to you as a FORMER SPOUSE, or the Federal Law setting forth the Plan's obligation to you under ERISA and without regard to the QDRO.  It may be that the QDRO was superseded your remarriage.   

DSG

Hold on here.  This thread was initiated by "Coinscorner".  Later, we have a post by "Qwerty".  I think these are different issues, but the response above by "fmsinc" may have assumed them to be part of the same discussion.  Which is it?  

To Qwerty:  if your post is a different topic, please create a new discussion thread.  If your discussion is similar to any other discussion, it's OK to reference and/or link that other discussion, but it will often be confusing to have multiple topics contained in the same thread.  Thanks.

David is correct.  It was in the same thread and sounded like the same issue.  I didn't notice the difference in names.