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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116832
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In 1992 my husband retired from sutter county Sheriff's

Customer Question

In 1992 my husband retired from sutter county Sheriff's Dept. We were married in 1999. Heis pension is with CALPERS. My husband went to sutter county and signed what he thought was so that in the event of his death I would get his retirement pension. Today we found out that what he signed was that all I will get is one limp sum of $500-$5000 that's it. Sutter county told my husband today there is nothing he can do. Is there a way my husband can amend his own retirement pension in order that I will continue to collect it after he passes?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, there is bad news about this. Once a selection for pension is made, this cannot be changed unless you die and he needs to select another beneficiary or you divorce and he gets a new spouse. I am afraid that once he made this selection, he is forced to be stuck with that selection. However, what can be done in a situation like this is you can get him to arrange for life insurance on himself with you as the beneficiary to make up for him not selecting the right choice on his pension. This is something CALPERS cannot change I'm afraid, as this is part of the Employee's Retirement Income Security Act and IRS rules prohibiting the change once selected.
Customer: replied 1 year ago.
What if we were to divorce and remarry. Than could his retirement benefits be charged in order that I receive his retirement if he dies.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am afraid not. If you re-read what I stated above, he would have to remarry a NEW spouse.

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