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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1248
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Customer Question

My husband had to select Option 4-2W to give his ex-wife her part of his CalPERS pension. He worked 24.5 years @ 2.5 percent and his final salary was $65,000. He also bought 4 airtime credits after the divorce separation making total years of service 28.5. The community property portion of years of service was 19 years. He is also providing me, his new wife option 2. My husband has been retired since December 31, 2011 and CalPERS has NOT provided him with a split estimate. CalPERS sent him his first check for $2,065 (this is his money after the ex-spouse share was taken out). CalPERS tells us the airtime is included in this amount. CalPERS has not sent us figures to let us know how they came up with this amount, so we are totally in the dark. Their customer service tells us we can't call Community Property Division and can only send them mail. I've asked for an accounting, but we get no information. Do you know who pays for Option 4W? My husband and his ex-spouse paid for the divorce and QDRO 50-50, so the fees to split Option 4W should be split 50-50 as well. Is there anything we can do to get CalPERS to respond? Is there information available somewhere that tells us how to get a rough idea about the fees and how they determined this $2,065 amount?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 4 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.
Hi Fran, Please cancel. The stars must have been aligned perfectly last night because after so many months, CalPERS finally agreed to send a breakdown letter and to provide a callback within ten business days. They tell me that my husband had to pay all the fees off of his side to keep the ex-spouse's community property amount 100 percent. In the divorce agreement, the costs are split. We feel cheated because the costs to split her share off and to provide her with the after death allotment, Option 4W-2 was not split 50-50. Not sure that we can do anything legally, though. Thanks anyway, Carol Ojeda

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