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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5732
Experience:  Exclusively practice labor and employment law.
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My pension has been set with survivor benefits. My wife has

Customer Question

my pension has been set with survivor benefits. My wife has passed and the benefits are no longer required. Of two similar pensions, one has updated my benefit to single status. The other has not because of a clause in regulations. years ago I read of some court cases in which this was corrected. Plus the participant was awarded the money that had been withheld to pay for the surviving benefits. which in my case has been a significant amount. what would be your advice.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

You would need to get a hold of the plan and closely review its language. In the case you are referring to the plan didn't inform the participant that selecting the joint survivor option was not revocable and thus the plan committed a fiduciary breach of duty and the participant was able as a result to revoke the election. Jordan v Federal Express. When a plan has such a joint survivor option it must state its terms and conditions, the right to waive or make the election, the right of the spouse to consent or waive the option, and the right and effect of revoking a waiver. If you were never informed of this in the plan or other plan documents, you have a claim and should seek a benefits attorney in your area to pursue an action against the plan. The hard part of these cases is plans adopt and send out language to participants (or the claim to at least) and the participants don't keep goes in the trash.

Expert:  John replied 1 year ago.

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