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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99464
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I break the Beneficiary Designation in my retirement

Customer Question

How do I break the Beneficiary Designation in my retirement contract? (I was told that the Beneficiary Designation is irrevocable after 30 days.) I retired in December 2009 from the County of Santa Clara. CalPERs Administers my retirement pension. What kind of attorney to I need to work with in order to fight this?
Submitted: 4 months ago.
Category: Legal
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. Per the CalPERS, one's payment option election and lifetime beneficiary(ies) designation is irrevocable unless you request a change within 30 days of the issuance of your first benefit check or you have a future qualifying event.

If you feel that you have had a qualifying event but CalPERS is denying the change, you can then force them to do so by filing a Writ of Mandamus in court (since CalPERS is a state agency). You would need a litigation attorney. May I recommend the CA Bar referral program - HERE. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

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