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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Husband received a disabilility pension from mining accident

Customer Question

Husband received a disabilility pension from mining accident in 1990. He received a normal retirement pension of 436.12. Upon his death in 2014 he was receiving 471.12 . According to irc of irs and form 5625 that pensions file. They are using his annuity starting date as of 3/1/91 instead of normal retirement age of 62 or 65 yrs of age. He definitely had an auxilliary disability pension, but umwa said that his annuity date under their plan is 1991. Can IRS enforce this , they awarded his pension according to their date to his ex, who was divorced by him in 1997. Please advise, thank you.
Submitted: 9 months ago.
Category: Tax
Expert:  emc011075 replied 9 months ago.

Hi. My name is ***** ***** I will be happy to help you.

The annuity starting date is the date you begin receiving your checks not when you reach your full retirement age (65 - 67) or become eligible for social security benefits (62). It is a date when the annuity actually started, not when you become eligible for retirement benefits.

Customer: replied 9 months ago.
The disability pension was a umwa disability pension , with 18.75 yrs., not just social security .
Expert:  emc011075 replied 9 months ago.

Social security disability is never treated as annuity. If your disability pension is put into a annuity, the starting date of the annuity is the date you receive your first check. If your husband received his first check in March 1991, than this would be his annuity starting date.