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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10645
Experience:  30 years of corporate, litigation and international law
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My dad passed away, when he passed it was the 20 th of dec

Customer Question

My dad passed away , when he passed it was the 20 th of dec my question why would his pension take back his full deposit from his account if he was still alive until the 20 th ? Should they have left partial pension deposit ?
JA: Thanks. Can you give me any more details about your issue?
Customer: My dad was a retired correctional officer , he receives his check every month , but he passed away dec 20 th 2015 that same month he received his deposit but His pension was taken away after they found out he had passed away , my question is , do they have th right to do that ? When he lived half the month
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Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

You will need to check your father's pension documents to see how the benefits are paid. Under social security benefits are only paid if the beneficiary survives the entire month. Consequently, if you die during the month in which you receive your benefit the payment must be returned to SS. Many pension plans are integrated with social security and may have the same provision on what happens to payments made during the month of death. You would have to review the plan terms to see if your father's plan operated the same way.

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