Looking for any advice you can provide. I am trying to claim my pension from a big pharma company. It’s not a tremendous amount of money, but it’s mine. They refuse to turn loose of it unless I can prove that my previous husband has no claim on a portion of the pension. i forwarded a copy of the final divorce decree, and the company attorneys say that isn’t good enough. My attorney has since retired and does not respond to any form of communication. I contacted the court clerk who denied that my divorce exists in her court. After much wrangling, she found the divorce papers but claims there is no affidavit with both of our names to prove the ex has no claim. I’ve contacted the judge, but have received no response. Unfortunately, I am halfway across the country, so I cannot go camp out in the court - not that it would do any good anyway. The court could care less about my pension. Any thoughts or ideas on other paths to pursue?
Pension held hostage
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TheWizard
Thinks s/he gets paid by the post
Have your previous husband sign a statement that disavows any claim.
Simple...
Simple...
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I’ve never seen a divorce decree. Can I assume that it spells out the pension arrangement?
If so, and it’s not being honored, I would contact the Attorney General of the state that the company is incorporated. If it’s not a U.S. company, I think they still have to have a main address in the U.S. and would look to that state. Wishing you the best.
If so, and it’s not being honored, I would contact the Attorney General of the state that the company is incorporated. If it’s not a U.S. company, I think they still have to have a main address in the U.S. and would look to that state. Wishing you the best.
pb4uski
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Offer to indemnify the pension plan from any claims by your exhusband while you chase down documentation sufficient to them.... or hire a lawyer to go after them... that should get their attention.
latexman
Thinks s/he gets paid by the post
Notarize the document/signature.
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pb4uski
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
File a complaint with the US Department of Labor, Employee Benefits Security Administration.
They'll tell you whether or not the plan's demands are legal or not.
https://www.askebsa.dol.gov/WebIntake/
They'll tell you whether or not the plan's demands are legal or not.
https://www.askebsa.dol.gov/WebIntake/
njhowie
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Talk with an attorney local to where you are now. He/she can surely facilitate whatever needs to be done and apply appropriate pressure where necessary.
I’d try Dept of labor file a complaint.
https://www.dol.gov/agencies/ebsa/about-ebsa/ask-a-question/ask-ebsa
Also if that doesn’t help you may be able to find an employment lawyer who would write a letter and a demand and follow ups. It might cost you a grand or so, really depends on how much the pension is worth. I’d call a few recommended employment attorneys and pick their brain.
https://www.dol.gov/agencies/ebsa/about-ebsa/ask-a-question/ask-ebsa
Also if that doesn’t help you may be able to find an employment lawyer who would write a letter and a demand and follow ups. It might cost you a grand or so, really depends on how much the pension is worth. I’d call a few recommended employment attorneys and pick their brain.
Irishgirlyc58
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What do your divorce papers stipulate about the pension?
I am assuming that you were married during the time that you worked at the company?
I had to provide a copy of my divorce papers to CalPERS. Luckily I was divorced prior to working in the a CalPERS covered agency. Had I not then my ex husband would have had a claim to a percentage unless it was stipulated differently in the divorce agreement.
I’m no expert but I think the pension organization is required to determine this prior to issuing you any money.
I am assuming that you were married during the time that you worked at the company?
I had to provide a copy of my divorce papers to CalPERS. Luckily I was divorced prior to working in the a CalPERS covered agency. Had I not then my ex husband would have had a claim to a percentage unless it was stipulated differently in the divorce agreement.
I’m no expert but I think the pension organization is required to determine this prior to issuing you any money.
gauss
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Possible root cause of problem
Do you need to have a QDRO filed with the pension administrator?
In the mid 1980s I believe the ERISA laws were modified to require this,in some cases, and are considered to trump state laws. (I am referring to the (REA) - the Retirement Equity Act of 1984. See this summary and the 2nd to last page for provisions related to QDROs)
I had a similar problem when I probated my Father's estate. Their divorce decree was in a similar time (late 1980s), and his attorney never filed the QDRO with the pension plan administrator.
When was your divorce decree issued?
I suspect that you may benefit with a consultation with an ERISA attorney. You would want one who represents employees (as opposed to employers).
-gauss
Do you need to have a QDRO filed with the pension administrator?
In the mid 1980s I believe the ERISA laws were modified to require this,in some cases, and are considered to trump state laws. (I am referring to the (REA) - the Retirement Equity Act of 1984. See this summary and the 2nd to last page for provisions related to QDROs)
I had a similar problem when I probated my Father's estate. Their divorce decree was in a similar time (late 1980s), and his attorney never filed the QDRO with the pension plan administrator.
When was your divorce decree issued?
I suspect that you may benefit with a consultation with an ERISA attorney. You would want one who represents employees (as opposed to employers).
-gauss
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Katoslake
Recycles dryer sheets
Retired from big, big Pharma with full benefits. Getting lump sum pension was still a notary’s dream. Married, no claims and still lots of paperwork.
No legal threats would have altered this.
These companies have become virtually “bulletproof”.
They call the shots, or bleed you dry in legal fees
No legal threats would have altered this.
These companies have become virtually “bulletproof”.
They call the shots, or bleed you dry in legal fees
copyright1997reloaded
Thinks s/he gets paid by the post
I'm kind of confused on this one. OP, are you trying to get a lump sum payment (in which case if married a spouses notarized signature is required), or are you trying to simply get an annuity (i.e. monthly payments)? If the latter, a spouses signature is not required unless you are trying to opt for something lower than 50% J&S, or want to change the joint annuitant to someone other than your spouse.
Somewhat unrelated side note: Most 401k's require spousal signature for one to make the beneficiary of the 401(K) other than the spouse. However, most allow transfer of a 401(K) to a rollover w/o spousal approval and IRA's do not require the spouse be named the beneficiary of the IRA.
Somewhat unrelated side note: Most 401k's require spousal signature for one to make the beneficiary of the 401(K) other than the spouse. However, most allow transfer of a 401(K) to a rollover w/o spousal approval and IRA's do not require the spouse be named the beneficiary of the IRA.
