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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53928
Experience:  Licensed attorney helping employers and employees.
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My husband is a retired Illinois judge. When he and his 1st

Customer Question

My husband is a retired Illinois judge. When he and his 1st wife divorced, she gave up rights to his pension in exchange for the house and cash. He received a refund from the pension system when she was no longer considered a beneficiary. Fast forward, we are now married and when he called to find out what to do to get my name on things, they told him I would not be eligible for any pension in the event of his death unless we paid back the lump sum which is long gone. True?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Infolawyer replied 3 months ago.

Hello

Customer: replied 3 months ago.
Hello
Expert:  Infolawyer replied 3 months ago.

First, he is entitled to add you as a beneficiary. The point about repayment depends on whether there has been an open pension loan - which happens. If so, his vested interest is reduced by that loan, and he would need to repay. Can also collect on policy to the extent of available funds.

Expert:  Infolawyer replied 3 months ago.

Let me know if that is clear, and if I can explain anything else just ask me.

Customer: replied 3 months ago.
It is not clear. If he dies before me, am I eligible to get a portion of his pension.
Customer: replied 3 months ago.
I would ask him but don't want to look like I'm a gold digger or something. But I want to be protected
Customer: replied 3 months ago.
Hello?
Expert:  Infolawyer replied 3 months ago.

You are entitled to full pension to the extent in the account.

Expert:  Infolawyer replied 3 months ago.

You are entitled to it whether named beneficiary or not, but best to be formally added on it, or otherwise provided in will.

Expert:  Infolawyer replied 3 months ago.

Is that clearer?

Customer: replied 3 months ago.
Meaning He does not have to pay back the refund from his divorce? I'm starting to worry that he is lying to me
Expert:  Infolawyer replied 3 months ago.

From what you mentioned, the pension was not included and therefore not subject to divorce or any obligation. Therefore would be payable as he indicates.

Expert:  Infolawyer replied 3 months ago.

I wish you the best.

Expert:  Infolawyer replied 3 months ago.

Kindly rate me 5 stars, and if I can explain anything else, just ask me.