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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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My husband died in 2001. At age 55 I was supposed to start

Customer Question

My husband died in 2001. At age 55 I was supposed to start receiving benefits from 1199 Union, 1(646)(###) ###-#### ***** 2005 to now 2016, should I be getting back payment from then until now? The contract is for $1,000.00 per month for Beneficiaries. I received a check for $157.57 for the first time today. How is $157.50 equals to $1,000.00 and what did the Union do with all of the back payment? Could a Lawyer please help me?
Submitted: 7 months ago.
Category: Legal
Expert:  Maverick replied 7 months ago.
To be perfectly honest, it would be in your best interest to contact a NY retirement benefits lawyer as this is a highly specialized area of the law. While we are not permitted to refer any particular lawyer to you, you may choose one from the NY State Bar.
Expert:  Legalease replied 7 months ago.
Hello there ---Another lawyer here at Just Answer -- I can try to answer some of your questions if you can FIRST answer the questions for me below ---1. Were you and your husband together as a couple during all of this time period (you are not dealing with any divorce and pension splitting issues is what I am asking here and I just want to make sure). ?=2. There are several different levels of pension benefits that a worker is entitled to and/or can choose prior to retirement that will be applicable in retirement -- and these changes can be made right up until the time that your husband actually retired and then after that retirement date for a certain specified period. First, the actual number of years that he worked and paid into the retirement fund makes a large difference when it comes to how much money is paid out as his "pension" -- either to him at retirement or to his beneficiaries. Second, the monthly amount due to a spouse is not an automatic benefit payable by law -- it is an elective benefit that your husband might have had to pay more for when he was living and working. He also had the right to receive a higher pension payment while living in exchange for lowering the spousal benefit after he was deceased. -At this point what you need to do is get copies of every document that the union has on file for your husband and the pension. There very well be a valid legal reason for the way this was handled and the low amount of benefits that you are receiving currently but you will not know that unless you get all documents together and take the documents to a local lawyer to review them to determine exactly what it is that your husband agreed to AND what he gave up. Once you have the documents you can return here and ask one of the employment lawyers to review them for you OR it might be best if you contact a local attorney in your own county that has prior experience dealing with this particular union and the various contracts that the union might put into place. -MARY

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