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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 38846
Experience:  30 years in Employment law
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My wife passed away from pancreatic cancer, it happened very

Customer Question

my wife passed away from pancreatic cancer, it happened very fast. she was able to request the retirement package from the pension plan but was never able to finish it. she was a 37 year employee. the pension offer the reduced amount for early retirement and 50% of that. i know she wanted to choose the 100% she knew what her outcome was going to be, do i have any recourse.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ray replied 10 months ago.
Hi and welcome to JA. Ray here to help you today. I am so sorry for your loss of loved one.Can you verify whether she signed the designation and submitted it or not, it matters here. Thanks
Customer: replied 10 months ago.
nothing was submitted , the cancer and drugs made it not possible.
Expert:  Ray replied 10 months ago.
in that case the estate and executor should be able to receive the retirement and execute any forms.The estate and you if you are the heir would still receive payments. You would need to make application for probate and be appointed executor.You would file in the county where she deceased.You will need a local probate lawyer here to file.
Expert:  Ray replied 10 months ago.
Lawyer referral http://www.nysba.org/lawyerreferral/ Thanks again and the best.
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ray replied 10 months ago.
Probate is filed in Surrogate Courts, here is the list. http://nysa32.nysed.gov/a/research/res_tools_path_probate_surrogate.shtml I am not yet set up for phone calls, can do unlimited chat, will send you the offer, thanks.
Customer: replied 10 months ago.
my wife wanted the pension at 100 % of the early retirement amount. the pension wants to give 50% is there any way to change their offer?
Expert:  Ray replied 10 months ago.
It depends on the rules of the pension plan and what she qualified for.You want to review these to see if they are treating you fairly under their rules.And you have right to have a local lawyer contest this if they are outside the rules.They should provide this information to you--the rules so you can see if they are operating within the rules here.
Expert:  Ray replied 10 months ago.
Since they are going to pay you for your lifetime here then it would likely be a reduced amount.If she had picked the high plan 100% percent it would not have paid you anything,But read the plan rules and make them provide it to you.
Expert:  Ray replied 10 months ago.
You need to get more information from these guys to decide if you want to contest this. Thanks again for the chance to help.